Posts Tagged ‘bankruptcy’

LinkSwarm for October 11, 2024

Friday, October 11th, 2024

Weird roundup this week: Lot’s of Hollywood and car news, not too much on the looming election. (Shrugs.) It’s whatever happens to catch my eye.

It’s the Friday LinkSwarm!

  • Yes, Democrats spent FEMA money on illegal aliens.

    More than 200 people have been confirmed dead as a result of Hurricane Helene, and that total is expected to rise as search-and-rescue crews reach more remote communities. Roads have been destroyed, many towns are still without power, and people are beginning to run out of food as trucks cannot get in to provide aid.

    Amid all of this, Homeland Security Secretary Alejandro Mayorkas, the architect of the migrant invasion, warns that the Federal Emergency Management Agency is running out of money to aid hurricane victims. Meanwhile, thanks to the migrant crisis his catch-and-release policies created, FEMA has spent over $1 billion feeding, housing, and transporting illegal immigrants across the United States in just the last two years.

    Before he was elected, President Joe Biden said of migrants wanting to enter the U.S. illegally, “We could afford to take in a heartbeat another 2 million.” Thanks to Biden’s subsequent policies, all supported by Vice President Kamala Harris, including the end of former President Donald Trump’s “Remain in Mexico” program, the temporary suspension of all deportations, and the creation of the CBP One app parole program and the Cubans, Haitians, Nicaraguans, and Venezuelans parole program, the number of illegal immigrants allowed into the U.S. by Biden has been closer to 4 million.

    Unfortunately for communities across the U.S., the ability of this country to take in millions of illegal immigrants has not been as smooth as Biden predicted. Cities, many of them controlled by Democrats, have been begging the federal government for assistance in housing, clothing, feeding, education, and providing healthcare for the flood of migrants who are straining budgets in their communities.

    In response, the Biden administration has spent tens of billions of dollars helping to ease the pain caused by their illegal migrant invasion. Local governments are required to provide education to all children, regardless of legal status, and the Department of Education helps local governments pay to educate these children. Hospitals must provide emergency care to all patients, even illegal immigrants without health insurance, and so the Department of Health and Human Services helps local hospitals stay afloat by reimbursing them through Medicaid.

    And the Department of Homeland Security helps provide food, housing, and transportation to illegal immigrants through FEMA’s Emergency Food and Shelter Program and Shelter and Services Program Awards program. When the influx of migrants was bankrupting cities across the country this past winter, Democratic mayors traveled to the White House to beg Biden for more FEMA money to help their communities “meet the growing needs of these individuals.”

    And the White House gave them the FEMA money they wanted. In just the last two years alone, the Biden administration has spent over $1 billion in FEMA funds giving local communities the resources needed to deal with the migrant crisis that the Biden administration created.

    if Joe Biden had said he wanted to let 4 million illegal aliens into the country, and subsidize their food and clothing, do you think he would have been “elected” in 2020?

  • CBS lies, altering interview of Kamala Harris on Israel:

    (Hat tip: Stephen Green at Instapundit.)

  • At CBS, an employee stands accused of doing actual journalism.

    On September 30th, anti-Israel author Ta-Nehisi Coates sat down for what turned out to be a spirited six-and-a-half-minute interview on CBS Mornings, during which co-anchor Tony Dokoupil challenged some of the claims made in Coates’ new book, “The Message.”

    The book contains several essays about some of Coates’ travels, with the longest one being about his trip “to Palestine.” It was claims made in that essay that Dokoupil zeroed in on for closer examination during their exchange:

    “I have to say, when I read the book, I imagine if I took your name out of it, took away the awards, the acclaim, took the cover off the book, publishing house goes away, the content of that section would not be out of place in the backpack of an extremist,” Dokoupil said.

    “So then I found myself wondering, why does Ta’Nehisi Coates, who I’ve known for a long time, read his work for a long time, very talented, smart guy, leave out so much? Why leave out that Israel is surrounded by countries that want to eliminate it? Why leave out that Israel deals with terror groups that want to eliminate it? Why not detail anything of the first and the second Intifada, the café bombings, the bus bombings, the little kids blown to bits. Is it because you just don’t believe that Israel in any condition has a right to exist?” the CBS anchor continued.

    Perhaps because Coates’ word is viewed as sacrosanct by woke leftists in the media, academia, and beyond despite his deeply flawed logic on issues like reparations, eruptions began almost immediately in the CBS newsroom, with tensions boiling over a week later during an editorial call:

    During its editorial meeting on Monday at 9 a.m.—the morning of October 7—the network’s top brass all but apologized for the interview to staff, saying that it did not meet the company’s “editorial standards.” After being introduced by Wendy McMahon, the head of CBS News, Adrienne Roark, who is in charge of news gathering at the network, began her remarks by saying covering a story like October 7 “requires empathy, respect, and a commitment to truth.”

    After quoting extensively from the CBS News handbook, she said, “We will still ask tough questions. We will still hold people accountable. But we will do so objectively, which means checking our biases and opinions at the door…”

    Presumably, the “bias” accusations stem from the fact that, according to the New York Post, Dokoupil is “a convert to Judaism whose ex-wife lives in Israel along with their two children.”

    “During its editorial meeting on Monday at 9 a.m.—the morning of October 7—the network’s top brass all but apologized for the interview to staff, saying that it did not meet the company’s ‘editorial standards.’”

    Though Shalt Not Question the Holy Social justice.

  • #BlackLivesMatter fraudster Tyree Conyers-Page sentenced to 42 months in prison.

    A US judge has sentenced a disgraced Black Lives Matter leader to federal prison after he was convicted at trial in April on wire fraud and money laundering charges. Sir Maejor Page, 35, of Toledo, Ohio, who uses the alias Tyree Conyers-Page, was found guilty of running a “fake charity scheme” for personal profit, defrauding donors of more than $450,000 they had given to his nonprofit Black Lives Matter of Greater Atlanta.

    US District Court Judge Jeffrey Helmick of the Northern District of Ohio sentenced Page on Thursday to 42 months in federal prison. He was also ordered to pay a $400 special assessment fee, according to a press release from the Department of Justice.

    Prosecutors accused Page of defrauding 18,000 donors who collectively gave hundreds of thousands of dollars to his fraudulent charity, Black Lives Matter of Greater Atlanta. Page took the donations and used them for his own personal benefit. He purchased entertainment, hotel rooms, clothing, firearms, and a property in Ohio that he intended to use as his personal residence, court documents showed.

    Page continued to collect donations for his “social justice” charity through its Facebook page after the organization’s tax-exempt status was revoked for failing to submit IRS Form 990 for three consecutive years. He consistently shared content on Facebook relating to social justice and racial issues in order to establish the legitimacy of his nonprofit organization, despite the fact this it was no longer tax-exempt. The convicted fraudster used Facebook to communicate privately with donors, to which he falsely claimed that their contributions would be allocated to “fight for George Floyd” and the “movement.”

    #BlackLivesMatter was fraud all the way down…

  • Elon Musk thinks that the reason so many billionaires are dumping money on Kamala is that they’re terrified Trump will release Epstein’s client list.
  • Does internal polling show Harris in trouble?

    In a recent podcast interview, the political analyst who first predicted that Joe Biden would withdraw from the presidential race revealed that private polling he has seen appears to suggest that Vice President Kamala Harris (D-Calif.) is in serious trouble ahead of the November election.

    According to Breitbart, Newsmax commentator and former political director for ABC News Mark Halperin gave his analysis on The Morning Meeting with Sean Spicer and Dan Turrentine. Halperin said that internal polling could see Harris lose all but one of the seven swing states in this election, as her current lead in the national popular vote is not enough to win the electoral college against former President Donald Trump.

    “So the new New York Times poll shows her up three nationally,” Halperin explained. “We all know that three is like the bubble point, right? If she’s up three, she’s got a chance to win the Electoral College, but they’d rather be at four, and they don’t want to be at two. So three is right at the bubble. I’m not saying this Times poll’s right. But it’s in line with international polls.”

    “We all know from our contacts in both campaigns that Pennsylvania is tough for her right now. And without Pennsylvania, there are paths, but there aren’t many. There’s no path without Wisconsin,” Halperin continued. “So you see here, Tammy Baldwin’s Senate campaign poll shows Harris down three in Wisconsin. We all said yesterday, Wisconsin and Michigan are looking worse for Harris than before.”

    Wisconsin Senator Tammy Baldwin’s (D-Wisc.) campaign had previously shared internal polling with both the Wall Street Journal and Axios, showing Harris losing to Trump in the state and Baldwin herself with a mere 2-point lead over her Republican challenger, Eric Hovde (R-Wisc.).

    Such results in private polls align with the trend reflected in public polls, with pollsters such as Quinnipiac University and Emerson College showing President Trump gaining momentum in most of the swing states, now either leading Harris or tied in enough states to win the electoral college.

    “I just saw some new private polling today that’s very robust private polling. She’s in a lot of trouble,” said Halperin. “The conversation I’m having with Trump people and Democrats with data are extremely bullish on Trump’s chances in the last 48 hours, extremely bullish. You think of the seven battleground states; which ones is Harris in danger of losing? I would say Pennsylvania, Michigan, Wisconsin, Arizona, North Carolina and Georgia. I’m not saying she’ll lose all six, but she’s in danger.”

    If Harris were to lose these six states but hold the seventh swing state, Nevada, then the result would be an exact repeat of the 2016 election, with President Trump winning 306 electoral votes to Harris’ 232.

  • “100-foot ‘Vote for Trump’ sign lit up in Amsterdam, NY after court rules against Democrat-run city for trying to block it.”
  • Others have done a better job reporting this, but Milton hit central Florida hard.
  • “Law enforcement has arrested Estefania Primera, an illegal alien from Venezuela, following reports that she was the ring leader for a gang’s sex trafficking operation in El Paso. Primera was named by a sex trafficking victim as the leader of a Tren de Aragua sex trafficking ring.”
  • “Springfield resident films Haitian migrant cutting up animal in yard of “pet-friendly” apartment complex featured on CNN.”
  • Ukrainian drones hit another Russian ammo depot.
  • They also hit a Shahed drone stockpile in Krasnodar.
  • They also hit an oil facility in Feodosia, where the fire spread for days.
  • Meta fined $101 million for storing Facebook passwords without encryption. This is like setting your smart phone unlock number to 1234…
  • The Royal New Zealand Navy manages to lose a ship to a reef. I’m sure that result had nothing to with the captain being a lesbian and that she was super-qualified and not a diversity hire…
  • People have been asking about the Texas temporary ID ruling in other threads, and now we have an update.

    Secretary of State Asks Attorney General to Rule on ‘Limited Term’ Driver’s Licenses as Voter ID. Paxton received a request from Secretary of State Nelson to rule on the validity of “limited term” driver’s licenses as voter ID.

    Texas Secretary of State (SOS) Jane Nelson issued an advisory on Tuesday that describes “limited term” driver’s licenses as an acceptable form of voter ID, though recommending other forms of photo identification if possible.

    While the Texas Election Code does not specifically designate “limited term” ID cards as a permissible form of voter ID, it does describe “a personal identification card issued by the Texas Department of Public Safety” (TxDPS) as an approved form of identification.

    As Nelson’s advisory acknowledges, TxDPS distributes “temporary term” driver’s licenses to noncitizens, provided they are an individual with lawful temporary status in the U.S.

    The SOS’s guidance concedes that if an individual is registered to vote and presents a “limited term” driver’s license or ID card, they may receive a ballot after being fully informed by the election judge or clerk of the “eligibility requirements” necessary to vote in Texas.

    The issue cited by the SOS is that while the limited term ID denotes noncitizen status at one point, it doesn’t mean that the individual has not since been naturalized. Transportation Code also includes the limited term ID as a valid form of identification, creating a small window for a potentially legitimate use of the document to vote.

    Additionally, if an individual presents a “limited term” ID card but is not registered to vote, they may receive a provisional ballot after election officials fully evaluate what their lack of registration and unique form of identification suggests.

    Nelson recommended using language such as, “The limited-term driver’s license/identification card you presented suggests that you are not a United States citizen. Your name does not appear on the list of registered voters. Per the Texas Election Code, to be eligible to vote in the State of Texas, you must be a qualified voter of this state,” when explaining the situation to the unregistered voter and prior to distributing a provisional ballot.

    Nelson requested on October 9 that Texas Attorney General Ken Paxton rule on whether a limited term driver’s license that “generates questions of voter eligibility” is a valid form of voter ID and if an election official must present a ballot to an individual who only provides such ID in person. The request is for a non-binding opinion by the Office of the Attorney General.

    Nelson also asked Paxton how ballot workers ought to treat mail-in ballots that only list an ID number or driver’s license card that is “limited term,” in regards both to “counting” the vote and for investigating “instances of fraud.”

    So Paxton will be able to nip this potential avenue of voting fraud in the bud.

  • “A former Democrat member of the Texas Senate is throwing his support behind a Republican candidate for the seat he once held. Former State Sen. Eddie Lucio Jr. of Brownsville announced his endorsement of Adam Hinojosa in the race against freshman Democrat State Sen. Morgan LaMantia, pointing to their shared pro-life values as a key reason.”
  • The Biden Recession is slamming restaurants.
  • “The most fun I had going to see the new Joker movie was in the car ride and from it, because I was listening to Warhammer 40K lore on the Horus Heresy. And just listening to that was better than seeing Joker Folie a Deux.”
  • Finally, a non-insulting use for AI? They’re going to use AI to create dubs of original Japanese anime in voices that sound like the original Japanese voice actors. This would be a big improvement on a lot of the early crappy dubs, but I can’t imagine American voice actors being thrilled at losing those gigs…
  • 95% of gamers don’t want DEI in their games. Obviously. Social Justice poisons everything it touches.
  • Oh no! Velma has been cancelled! Let’s have a moment of silence forOK that’s enough.
  • Speaking of things that have no future, Deadspin fails to get the lawsuit against it over calling a young Kansas City Chiefs fan racist thrown out. G/O Media is looking at losing a lot of money for dickish virtue signaling…
  • Social Justice video game consulting company Sweet Baby Inc. scrubs their website of just about everything, including their client list.
  • “Oklahoma-based BrucePac has issued a massive recall of nearly 10 million pounds of “ready-to-eat” meat and chicken products due to potential contamination with Listeria.” Here’s a complete list of the products recalled.
  • “Electric vehicle (EV) manufacturer Fisker Inc. is under investigation by the U.S. Securities and Exchange Commission (SEC) and faces formal objections from the U.S. Department of Justice (DOJ) over its Chapter 11 bankruptcy proceedings. The company filed for bankruptcy earlier this year after halting production in March…The DOJ contends in filings that Fisker’s proposed $750,000 cap on recall expenses in its bankruptcy plan is insufficient to cover both parts and labor costs required for vehicle repairs.”
  • Also: “New York-based company called American Lease was less deterred by this warning and in June agreed to purchase the remaining Fisker inventory—approximately 3,300 cars for a total of $46.3 million dollars. By October, American Lease had paid Fisker $42.5 million and had taken delivery of about 1,100 Oceans. That was the plan until the end of last week, at least. Last Friday evening, Fisker informed American Lease that the Oceans ‘cannot, as a technical matter, be ‘ported’ from the Fisker server to which the vehicles are currently linked to a distinct server owned and/or controlled by’ American Lease.” (Hat tip: Stephen Green at Instapundit.)
  • Also from Instapundit: Fisker left their California headquarters trashed when they vacated.
  • “Kia cars can be hacked with a smartphone.”

    The issue originated in one of the Kia web portals used by dealerships. Long story short and a hefty bit of API abuse later, [Sam] Curry and his band of far-more-capable Kia Boyz managed to register a fake dealer account to get a valid access token, which they were then able to use to call any backend dealer API command they wanted.

    “From the victim’s side, there was no notification that their vehicle had been accessed nor their access permissions modified,” Curry noted in his writeup. “An attacker could resolve someone’s license plate, enter their VIN through the API, then track them passively and send active commands like unlock, start, or honk.”

  • Sales for once mighty Toyota are down due to a massive engine recall.
  • “1 killed, 12 rescued inside Colorado gold mine after elevator malfunctioned during tour.” Dwight pointed this out to me, mainly because I just posted a Halloween horror piece on mining disasters, including the famously gruesome Val Reef’s gold mine elevator disaster.
  • Bungled. “A founding member of the experimental rock band Mr. Bungle was found guilty Friday of first-degree murder in the killing of his girlfriend after prosecutors in California found an audio file the victim recorded on her phone as she fought for her life. A jury in Santa Cruz deliberated for a day before finding Theobald ‘Theo’ Lengyel guilty of first-degree murder in the killing of his girlfriend Alice “Alyx” Kamakaokalani Herrmann on the night of Dec. 4, 2023, inside her Capitola home.” (Hat tip: Dwight.)
  • Trop dropped.
  • Quentin Tarantino on how John Carpenter’s The Thing inspired both Reservoir Dogs and The Hateful Eight.
  • The pianist cashed his ticket and drove an exhausting 500 miles to the concert venue on the only night he could play, only to find a broken, out-of-tune piano. The restaurant couldn’t get his order right before he had to leave to perform. He refused to play multiple times before finally relenting and, still in pain from the drive, improvised the best-selling solo piano album of all time.
  • “Democrats Perplexed Why Candidate Nobody Ever Voted For Is Slipping In The Polls.”
  • “FEMA Warns They Don’t Have The Resources To Block Humanitarian Aid For Next Hurricane.”
  • “Trembling, Bleeding Spokeswoman Issues Statement Denying That Doug Emhoff Would Ever Hit Anyone.”
  • “Thousands Of Migrant Farmworkers Head North In Preparation For The Democrat Ballot Harvest.”
  • “Lesbian Captain Crashes After Insisting Ships Don’t Have To Go Into Ports.”
  • This dog story angries up my blood, but it has a happy ending.
  • I’ve been unemployed a year now, so feel free to hit the tip jar.





    Also, a hearty thanks to everyone who has already donated.

    LinkSwarm For September 20, 2024

    Friday, September 20th, 2024

    More Trump assassination details emerge, the Israel-Hezbollah front remains spicy, a huge Russian ammo dump blew up real good, more open borders shenanigans from the Biden-Harris junta, more woke Tolkien garbage, and China tries to pass off the most adorable fake pandas.

    It’s the Friday LinkSwarm!

  • “Hawley Releases Damning Report on Security Failures Leading Up to First Attempt on Trump’s Life.”

    Senator Josh Hawley (R., Mo.) released a whistleblower report Monday on the law-enforcement failures leading up to the assassination attempt on former president Donald Trump two months ago. The report was released one day after a suspect was apprehended in Florida for trying to kill Trump on his golf course in Florida.

    The Secret Service’s failures to secure Trump’s campaign rally in Butler, Pa., on July 13 were extensive and constituted one of the most consequential security debacles in U.S. history. Chief among them was law enforcement’s apparent choice to leave the rooftop of the American Glass Research (AGR) building unguarded, allegedly because of heat, before gunman Thomas Matthew Crooks climbed atop the building to carry out the attack, Hawley’s report states.

    The report is based on whistleblower allegations brought to his office in the wake of Crooks’s rampage. Before the report was published, Hawley sent multiple letters to Homeland Security Secretary Alejandro Mayorkas, questioning him about the most shocking details from the whistleblowers who contacted his office.

    Overseeing the Secret Service’s security operations at the rally was an unnamed lead agent who apparently has a history of incompetence and who directed the placement of certain items around the stage of the Trump rally that impaired visibility. The individual is allegedly known to be a low-quality agent and failed an examination on the way to becoming a Secret Service agent.

    Secret Service intelligence units were not at the Butler rally. If they had been there, they could have prevented or mitigated the communication breakdown between federal and local law enforcement, Hawley’s report says, a major allegation that he has not previously publicized.

    Ahead of the rally, the Secret Service’s counter-surveillance division did not conduct its typical inspection of the site and did not have a presence at the Butler campaign rally. A whistleblower told Hawley’s office that the counter-surveillance division would have arrested Crooks for carrying a rangefinder. The same whistleblower alleges that acting director Ron Rowe personally requested cuts to the counter-surveillance division, a claim Rowe has denied.

    At a congressional hearing in July, Rowe admitted to the Secret Service’s mistakes on the day of the Trump rally, including a decision to reject an offer from local law enforcement for drone support after the Secret Service was unable to fly its own. Hours before the shooting, Crooks flew a drone around the perimeter of the Trump rally for roughly 11 minutes, the FBI has determined.

    According to the report, a whistleblower with direct knowledge of the Butler planning process said that the rally was not slated to receive any additional security because Trump is not a sitting president or vice president. These additional resources would have included counter-snipers and counter-surveillance personnel.

    The Trump rally was considered to be a “loose” security environment, meaning that Department of Homeland Security personnel failed to police the area immediately surrounding the stage and were not placed at intervals around the perimeter, Hawley’s report asserts. Extra DHS personnel without the necessary training to work campaigns were pulled away from the department’s investigative team and reassigned to the Trump rally, a whistleblower told Hawley’s office.

    Up to this point, Hawley says, the Secret Service and DHS have not answered questions about the lead agent overseeing the Trump campaign rally, resources allocated to the Trump campaign, and the Secret Service’s lack of counter-sniper coverage on the AGR building.

    I think we need to know the name of this unnamed lead agent, and how many ties he has to the Obama regime…

  • What we know about the latest would-be Trump assassin.

    On Sunday, September 15th, 58-year-old Ryan Routh of Hawaii showed up to Trump International Golf Club in West Palm Beach, Florida, where former President Donald Trump was golfing.

    Routh reportedly shoved the barrel of a scoped polymer SKS-style rifle through the fence with the intent to fire at President Trump, who was several hundred yards away.

    Nothing says “accuracy” quite like an old Soviet design they dropped for the AK-47.

    Authorities say Routh also had a GoPro camera, as well as two backpacks containing ceramic tile that he had hung on the fence (a type of ballistics armor is made of ceramic tile).

    Secret Service agents saw Routh and fired at him. He escaped in a black Nissan before getting arrested by local police on I-95 thanks to a photograph taken by a bystander.

    USA Today says Routh has a “complex history,” which is code for “the man was foaming at the mouth for leftist causes.”

    A profile for Ryan Routh on X dates to January 2020, where he posted a range of passionate opinions on issues including Black Lives Matter, Taiwanese sovereignty and supporting Ukraine in the war with Russia.

    Obviously he supported Palestinians and hated Israel.

    According to Fox News, Routh spent the majority of his life in North Carolina, where he owned a company called United Roofing.

    You won’t be surprised that Routh was in support of Sen. Bernie Sanders (D-VT) in the 2020 election.

    In 2020, during the presidential primary, the X account said: ‘I was not supporting Bernie, but now I am; as sleepy Joe stands for nothing; no plans, no ideas, just as limp as hillary. Bernie…….give them hell…..fight to the death…’

    Routh reportedly donated to ActBlue, a major Democratic campaign fund, at least 19 times.

  • A lot of reports said would-be Trump assassin Routh fought for Ukraine and against Russia. Ukraine says they rejected him as a “Call of Duty Warrior.”

    Ukrainian military recruiters appear to have spotted almost immediately that Mr Routh, who had a long criminal record, was not promising material.

    According to an interview that he later gave to the Financial Times, he was rejected for service when he first reported to a Legion office on the Polish border at the war’s outset.

    “They said: ‘You’re 56, you’re old and you have no experience’,” he told the paper. “So why don’t you recruit and coordinate?”

    If that is what they told him, they probably intended him doing so having returned himself safely back to the US. Undeterred, however, Mr Routh continued on to Kyiv, where he became a familiar – if less than welcome – face on the Legion’s fringes.

    There were many such cranks in Kyiv at the time, latching on to the war to pose as international men of action and boasting of high-level contacts in the Pentagon or CIA.

    Regular Legionnaires did their best to avoid them, referring to them variously as “Call of Duty Warriors”, “Volun-tourists” and “Screamers” – the latter a reference to their reaction if coming under fire.

    But there was little to stop them promoting themselves on social media, as Mr Routh did prolifically, claiming to be an active recruiter for the Legion ranks.

    “Any gender, any age, any skill level to no skill level,” he claimed to Newsweek in 2022. “Yeah, if you wanna fight, come and see me and I’ll put you in a unit so you can go fight.”

    (Hat tip: Ed Driscoll at Instapundit.)

  • Kamala Harris: “As of today, there is not one member of the United States military who is in active duty in a combat zone, in any war zone around the world for the first time this century.” U.S. active duty soldiers in a combat zone: “Say what?
  • CBS polls restaurant patrons in Nevada and finds precisely one Harris supporter. Everyone else was for Trump. Presumably illegal aliens don’t eat out much…
  • “Oregon DMV admits that they’ve registered hundreds of illegal immigrants to vote since 2021.”
  • “PA Supreme Court rules that misdated ballots must not be counted.”

    The Pennsylvania Supreme Court has determined that the two biggest counties in the state do not have to count mail-in ballots that have either the wrong date or no date where indicated on the outer envelope. The ruling was 4 to 3, with those 3 justices writing a dissent in the case.

    The order from the court found that the lower court, which had ruled that those ballots must be counted even with the errors, lacked jurisdiction in the case because only Allegheny and Philadelphia Counties were mentioned in the case and not all of the state’s 67 counties.

    The order reads: “AND NOW, this 13th day of September, 2024, the order of the Commonwealth Court is VACATED. The Commonwealth Court lacked subject matter jurisdiction to review the matter given the failure to name the county boards of elections of all 67 counties, and because the joinder of Al Schmidt, in his official capacity as Secretary of the Commonwealth, did not suffice to invoke the Commonwealth Court’s original jurisdiction.”

    In practice, this means that in the coming presidential election, officials will not count any ballots that are either misdated or undated ballots. The jurisdiction issue could be addressed by the plaintiffs in the case before the election. The plaintiffs are listed as Black Political Empowerment Project, Power Interfaith, Make the Road Pennsylvania, OnePA Activists, New PA Project Education Fund, Casa San Jose, Pittsburgh United, League of Women Voters of Pennsylvania and Common Cause Pennsylvania.

    But don’t think for a minute this will keep Pennsylvania Democrats from trying to steal the election just like they did in 2020, as they won’t start “counting” absentee ballots until election day.

  • And speaking of Pennsylvania voting fraud: “Pennsylvania[‘s Luzerne County] bans drop boxes after woman caught with multiple ballots.”
  • “Ex-Border Patrol Chief Says He Was Instructed By Biden-Harris Admin To Hide Terrorist Encounters.”

    In a scathing revelation before Congress, former San Diego Sector Border Patrol Chief Aaron Heitke accused the Biden-Harris administration of covering up a sharp rise in encounters with suspected terrorists at the U.S.-Mexico border.

    During a House Committee on Homeland Security hearing titled “A Country Without Borders: How Biden-Harris’ Open-Borders Policies Have Undermined Our Safety and Security,” Heitke said he was muzzled from releasing critical information on the number of Special Interest Aliens (SIAs) — individuals with known or suspected ties to terrorism — apprehended in California.

    “I was told I could not release any information on this increase in SIAs or mention any of the arrests,” Heitke testified. “The administration was trying to convince the public there was no threat at the border.”

    According to Heitke, arrests of individuals with terror ties skyrocketed under President Joe Biden’s watch. The former Border Patrol chief revealed that before 2021, his sector had apprehended between 10 to 15 SIAs annually. By 2022, that number had shot up to over 100, with even more recorded in 2023.

    “Once word was out that the border was far easier to cross, San Diego went to over 100 SIAs in 2022, well over that in 2023, and even more than that registered this year. These are only the ones we caught,”

  • Scott Adams lays down some truth bombs:

    You’ll need to click on that to expand it. (Hat tip: Instapundit.)

  • “US Secures Convictions, Guilty Pleas As CCP-Directed Spying Exposed.”

    For years, Beijing has been deepening its hold on America, drawing intelligence from the U.S. government while silencing critics with the help of agents embedded in U.S. society.

    The United States is now hitting back—and seeing results, according to experts.

    In early September, prosecutors arrested Linda Sun, former aide to New York Gov. Kathy Hochul, accusing her of acting on behalf of Beijing in exchange for gifts and payouts valued in millions of dollars to her family.

    There has also been a marked increase in the rate of convictions or pleas in recent months. The Justice Department has brought forth dozens of CCP-directed espionage and foreign agent cases in the past four years, resulting in at least 13 convictions or pleas, with more than half of those taking place this year—including three in the past month. an Epoch Times review of the court records show.

    On Aug. 6, a Chinese American scholar posing as a pro-democracy activist was convicted by a jury for spying on dissidents for the CCP.

    On Aug. 13, a U.S. army intelligence analyst from Texas pleaded guilty to selling military secrets to the CCP.

    On Aug. 23, a software engineer who worked two decades at Verizon pleaded guilty to gathering intelligence on countless dissidents and organizations targeted by the CCP since 2012.

    Case documents reveal a broad range of criminal actions taken by agents, often different from what most may imagine to be spying. Beyond industrial espionage and covert influence campaigns, the regime has directed hacker rings, including a group that was charged and sanctioned this year for waging a 14-year campaign on the United States.

    “I feel that our nation must take every opportunity to stop these threats,” Rep. Don Bacon (R-Neb.), chair of the cybersecurity subcommittee for the House Armed Services Committee, told The Epoch Times, noting that the U.S. intelligence community has identified Beijing as the number one threat to the United States.

    Bacon has experienced Chinese espionage attempts firsthand. Last year, he was hacked by CCP-linked hackers who also broke into email systems of State and Commerce department officials and dozens of other groups.

    “Can we ever say that whatever actions we are taking are enough? I don’t believe so as the threats are increasing in frequency, sophistication, and national security impact,” Bacon said.

    The CCP has long targeted people of Chinese descent—of whom there are more than 60 million people outside China—as potential assets in its intelligence operations.

    Among those charged by the DOJ in the foreign agent cases are officials of the CCP’s top intelligence gathering agency Ministry of State Security (MSS), Chinese citizens traveling to the United States under false pretenses, hackers residing in Asian countries; as well as asylees, permanent residents, and U.S. citizens of Chinese descent.

    Some reside in the United States while dozens of others charged are known to reside in China, and will now face arrest if they ever set foot on American soil.

    There are also many who are U.S. citizens that aren’t of Chinese descent. They include active military members, former law enforcement, and experts in competitive fields.

  • “Israeli Strike Kills Hezbollah Commander behind 1983 U.S. Embassy Bombing.”

    An Israeli airstrike in Beirut killed senior Hezbollah military official Ibrahim Akil on Friday, Israeli Defense Forces announced. Although Hezbollah has not confirmed the reports, Lebanese officials said earlier in the day that the strike killed at least eight and wounded 59.

    Israeli Defense Forces reportedly targeted two residential buildings in southern Beirut. Akil is the head of Hezbollah’s Radwan Force and Jihad Council, and is sanctioned by the U.S. Department of State for playing a role in the 1983 bombing of the U.S. embassy in Beirut, in which a suicide bomber murdered 63 people, including 52 embassy employees. The State Department designated Akil a Specially Designated Global Terrorist in 2019, and offered a reward of “up to $7 million for information” about the Hezbollah leader.

    Good. Burn in Hell, terrorist scumbag.

  • Despite Israel’s recent successes against Hezbollah’s command and control, Hezbollah was still able to launch multiple missile attacks against northern Israel today. Indeed, the whole theater is quite spicy:

  • A few thoughts on Operation Grim Beeper.
  • “Two chiefs with the New York Fire Department have been arrested on bribery charges.” Those are Brian E. Cordasco, 49, and Anthony M. Saccavino, the same ones the FBI raided.
  • Shark Tank host Kevin O’Leary says that New York, Massachusetts, New Jersey and California those states are now “uninvestable.” The taxes are too high and “the regulatory environment is punitive.”
  • American Transit Insurance Company [is] insolvent.” They insure hire cars, cabs, Uber, etc. “As in, ‘can’t pay their bills’ insolvent. As in ‘can’t pay claims’ insolvent.”
  • Ukraine just blew up a Russian ammo dump in Toropets so large that the explosion was visible from space. (More.) (And still more.)
  • Remember Thierry Breton, the eurocrat who got in a slapfight with Elon Musk over Twitter refusing the censor people and knuckle-under? He just resigned. “France’s European Union commissioner Thierry Breton abruptly resigned on Monday amid an ongoing dispute with European Commission president Ursula von der Leyen. He was slated to serve a second term after being re-appointed by French President Emmanuel Macron, The Guardian reports.” Evidently von der Leyen wants the Commission to be “gender balanced.” Social justice will oft social justice mar…
  • “The mayor of Atlantic City, Marty Small Sr., and his wife [La’Quetta Small] (the superintendent of schools) have both been officially indicted.” Despite both being Democrats, they weren’t indicted for fraud, but for brutally beating their own teenage daughter. Bonus: The daughter told principal Constance Days-Chapman of the abuse, and instead of telling the police, she told the abusive parents. She’s being charged, too.
  • Texas Attorney General Ken Paxton is suing Harris County’s revamped version of their unconstitutional socialist guaranteed income program.
  • Has technology killed bands?
  • Both North Carolina and parts of Europe got hit with some near-Biblical floods this week.
  • New Hobbit game obviously more woke bullshitAfter swearing for months they wouldn’t add AI to D&D, Hasbro to add AI to D&D.
  • “23andMe’s board quits en masse: A former tech darling is in turmoil after all seven of its independent board members resigned. 23andMe CEO Anne Wojcicki is now the sole remaining member following a disagreement over taking the company private.”
  • ESPN’s NBA reporter Adrian Wojnarowski retires. He was at the top of his profession, and reportedly walked away from a $30 million contract. But given Disney’s ongoing debacles, it’s quite possible they asked him to take a haircut or let him retire in advance of a layoff.
  • Jane says/Can you taste my fist today? Also, the tour’s been cancelled on the basis of chin music. A shame, really, since Jane’s Addition has a fairly unheralded role as the musical bridge between LA’s “hair metal” scene and the harder alt rock edge of acts like Nirvana.
  • “FBI Tries To Distract From Old Trump Assassination Attempt With New Trump Assassination Attempt.”
  • “FBI Says We May Never Know The Motivation Of The Would-Be Trump Assassin Who Was A Biden-Harris Supporter And Donated To Democrats 20 Times.”
  • “Biden Promises Next Trump Assassin Will Be A Woman Of Color.”
  • “DOJ Warns If Trump Is Elected He Will Do To Them All The Stuff They’re Doing To Him.”
  • “Media Assures Americans The Real Threat Is The Side That Keeps Getting Shot At.”
  • “Kamala Safe And In Stable Condition After Attempted Interview.”
  • “Rashida Tlaib Uninjured After Her Pager Mysteriously Explodes.”
  • “BREAKING: Israel Kills Thousands More Terrorists With Exploding ‘200 Free Hours of AOL’ CDs.”
  • It’s a LinkSwarm tradition to end with an amusing dog clip or story. So here are some pretty Chow Chows…painted up to look like Pandas in a Chinese zoo:

    (Hat tip: Stephen Green at Instapundit.)

  • I’ve now been unemployed for one year, so feel free to hit the tip jar.





    Bird, Bird, Bird, Bird Isn’t The Word

    Sunday, January 7th, 2024

    There was a December story I never got to cover properly, and that was my delight over Bird Scooter’s bankruptcy.

    Electric scooter company Bird Global announced Wednesday that it has filed for bankruptcy protection in an attempt to stabilize its wobbly finances.

    The move marks a sobering comedown for a formerly high-flying startup that was trying to make it easier to get around big cities in an environmentally friendly way with its fleet of electric scooters. The concept attracted about $500 million in investments from prominent Silicon Valley venture capital firms such as Sequoia Capital and Accel Partners before becoming a publicly traded company in 2021.

    The things have been annoying ubiquitous in downtown Austin, from Bird and other firms like Lime.

    Now, the Miami-based company finds itself struggling to survive after losing more than $430 million since the end of 2021.

    Bird has lined up $25 million in financing from MidCap Financial, a division of Apollo Global Management, as it tries to reorganize under Chapter 11 bankruptcy protection in Florida.

    Michael Washinushi, Bird’s interim CEO, predicted the company will be able to bounce back and continue its “mission to make cities more livable” by providing vehicles that don’t clog the roads nor burn fuel. But investors seemed doubtful as Bird’s stock lost nearly 80% of its remaining value Wednesday to close at 8 cents per share, a far cry from its price of about $154 at the end of 2021.

    I have no objections to electric scooters themselves, or even renting electric scooters. What I object most strenuously to is the business model Bird and their ilk have pursued, which is: Just leave your scooters any damn place and we’ll pick them up later.

    This is an abuse of both the commons and any patches of private property these scooter-renting Eloi happen to leave their discarded vehicles scattered onto. We have laws against littering, and they should apply equally to people who dump these things on lawns and sidewalks.

    Bird and their ilk seem both a sneaky assault on private property, and an ill-considered investment scheme of companies trying to gin up a new market far in advance of real demand, much like WeWork. And this “ride sharing” idea already failed miserably in China with multiple non-electric bike startups going bust and leaving behind mountains of unused bikes.

    Thanks to their abuse of the commons, Bird deserves to go bust.

    And now a bonus Family Guy clip:

    (Note: BlueHost is still going dog slow. I’ll try to chat with someone there tomorrow.)

    LinkSwarm for November 24, 2023

    Friday, November 24th, 2023

    Happy Black Friday, everyone! (Here’s my prepping/gift guide, if you haven’t seen it already.) I hope everyone had a great Thanksgiving. Some interesting international election results, unreasonable gun control legislation gets struck down in two different states, more legal trouble for Houston Democrats, and a weed company goes bankrupt. It’s the Friday LinkSwarm!

  • “Bidenomics Is Making This The Most Expensive Thanksgiving In History.”

    The average price American families will have to pay to celebrate Thanksgiving with a traditional dinner will be the most expensive in history after years of sky-high inflation that experts attribute partially to President Joe Biden’s policies, according to data from the Bureau of Labor Statistics (BLS).

    The price of all goods has risen dramatically under Biden following a period of sustained high inflation, which peaked at 9.1% in March 2022 and has since remained elevated, measuring at 3.2% in October, while the index for food rose 3.3% year-over-year for the month. The total increase in costs for a Thanksgiving dinner is about 26% since the beginning of Biden’s term, culminating in the most expensive Thanksgiving dinner in history.

  • Don’t buy the cookies. “Girl Scouts To Host Training Sessions On ‘Internalized Racism,’ ‘White Supremacy Culture.'” (Hat tip: Instapundit.)
  • “While Hamas Planned Its Attack on Israel, Biden’s Intel Community Was Focused On Climate Change.”
  • To the surprise and shock of the international community, Argentina elects an Anarcho-Capitalist president.

    In a surprising turn of events, Argentina has elected the libertarian outsider Javier Milei as its new president. The hotly contested presidential run-off saw Milei defeating left-wing candidate Sergio Massa — a consequential shift in the country’s political landscape. Massa brusquely conceded on Sunday night, stating, “Milei is the president elected for the next four years.”

    The victory of Milei, a self-proclaimed “anarcho-capitalist,” introduces an unconventional leader with what are considered to be radical economic views relative to Argentina’s neighbors. His campaign, characterized by anti-establishment rhetoric and metaphorical gestures such as wielding a chainsaw to show his fervor for cutting taxes, resonated with voters frustrated by Argentina’s economic decrepitude, including triple-digit inflation. One of Milei’s key proposals is the adoption of the U.S. dollar as Argentina’s national currency, an unprecedented move for a country of its size (Argentina is home to some 45.8 million people).

    Massa — a lifelong politician and representative of Argentina’s left-wing political establishment — emphasized his government’s actions to address inflation during his tenure.

    But Milei’s appeal, particularly among the younger generation, suggests a desire for change to break free from the cycle of economic crises.

    Milei’s victory has produced excitement and concern alike. While some see him as the catalyst for much-needed economic reforms, others fear the potential austerity measures tied to his plans, such as shutting the central bank and slashing spending. Despite the uncertainty, Milei’s supporters view him as the only viable option to break the political status quo and address Argentina’s persistent and extreme economic challenges.

    The election is not just a political shift but also a generational one, with Milei’s popularity among the youth reflecting a desire for a new direction. The effect of Milei’s win extends beyond Argentina’s borders, potentially influencing trade relationships, especially with his criticism of China and Brazil and his preference for stronger ties with the United States. As for the U.S., the hour is late, and we’ll take all the friends we can get, and Argentina is doubly welcome because the Millennium must be nigh if a libertarian won an election outside of New Hampshire.

    Note: Linking to MSN rather than NRO because the latter has now raised it’s war against ad-blockers to obnoxious levels. Year-by-year, the TDS-infected NR has become ever-more sad and useless.

  • Of course, Milei also says Argentina claims sovereignty over The Falklands, so you have to take the bad with the good.
  • Speaking of election results the international community finds “unacceptable,” Geert Wilders anti-Jhad Freedom Party came in first in elections in The Netherlands.

    Geert Wilders, the Dutch populist whose anti-Islam comments have led to death threats, could become the next leader of the Netherlands following an election upset for his Freedom Party (PVV) on Wednesday.

    After 25 years in Dutch politics without holding office, Wilders was set to lead coalition government talks and has a good chance of becoming prime minister.

    An exit poll on Wednesday evening showed the PVV in a clear lead, 10 seats ahead of its closest rival, Frans Timmermans’ Labour/Green Left combination.

    “We will have to find ways to live up to the hopes of our voters, to put the Dutch back as number one”, Wilders said in his first response, adding that “the Netherlands will be returned to the Dutch, the asylum tsunami and migration will be curbed.”

  • “The 4th Circuit Says Maryland’s Handgun Licensing Law Is Unconstitutional.”

    Maryland is one of 14 states that require background checks for all firearm purchases, whether or not the seller is a federally licensed dealer. Since 2013, Maryland has imposed an additional requirement on handgun buyers: They must first obtain a “handgun qualification license,” which entails completing at least four hours of firearm training and undergoing a seemingly redundant “investigation” aimed at screening out people who are legally disqualified from owning guns. According to the U.S. Court of Appeals for the 4th Circuit, that process, which can take up to 30 days, violates the Second Amendment.

    In a decision published on Tuesday, a divided 4th Circuit panel concluded that Maryland’s handgun ownership licensing system is not “consistent with this Nation’s historical tradition of firearm regulation”—the constitutional test that the U.S. Supreme Court established last year in New York State Rifle & Pistol Association v. Bruen. Writing for the majority in Maryland Shall Issue v. Moore, 4th Circuit Judge Julius Richardson notes that Bruen “effected a sea change in Second Amendment law,” making a variety of gun control laws newly vulnerable to constitutional challenges. Maryland’s handgun licensing law is the latest example.

  • Speaking of unconstitutional gun laws being struck down: “It turns out that bullets are an essential part of a gun, and limiting the number of rounds in a gun violates the Oregon constitution. A county judge in Oregon made that decision on Tuesday overturning Measure 114, a citizen-passed measure that outlawed what gun grabbers call ‘high capacity magazines’ and required that Oregon serfs get a permit to be allowed to purchase a gun.” (Hat tip: Stephen Green at Instapundit.)
  • Funny how no Arab nation wants to take in Palestinians. They know the simple truth: They suck.

    The Palestinians tried to take over Jordan in the 1970s, leading to the late King Hussein declaring war on them and driving them out. They were booted from Kuwait after collaborating with Saddam Hussein’s forces before the Gulf War. They set off a powder keg in Lebanon, a nation that has yet to recover from its brutal civil war that lasted 15 years. No Arab country wants these people because they bring instability and trouble.

    (Hat tip: Instapundut.)

  • California’s Democratic convention gets derailed by all the vibrant diversity.
  • Outgoing Houston Mayor Sylvester Turner gets to enjoy a new host of scandals on his way out.

    As term-limited Houston Mayor Sylvester Turner finishes his final days at the helm of the state’s most populous city, a new set of scandals have emerged over city contracts and a dispute over who will pay for a book touting the mayor’s legacy.

    In the most recent dustup, an investigation by Houston’s KPRC 2 discovered that city contracts for much-needed water repairs were awarded to two relatives of Houston Public Works (HPW) employee Patrece Lee, including one for $4.5 million to Lee’s brother, who had only created his company six months before the city council approved the “emergency contracts.”

    When KPRC reporter Amy Davis attempted to question Turner about the issue at a public event last week, Turner became irate and told his communications director to escort Davis from the room.

    “You are not going to get away with this,” said Turner to Davis. “You are rude.”

    Late Friday, HPW Director Carol Haddock announced that the employee had been placed on leave while the city’s Office of the Inspector General investigated the allegations.

    In another contract scandal, Houston Landing media reported last week that the Midtown Redevelopment Authority had referred information to law enforcement on a since-fired manager who allegedly steered more than $4 million in taxpayer-funded landscaping contracts to himself and another contractor.

    The latest developments came hard on the heels of Turner’s squabble with Houston First Corporation, the city’s marketing organization. During the “State of the City” luncheon last September, hosted by Houston First, attendees were given copies of Turner’s book “A Winning Legacy,” which celebrates the mayor’s accomplishments during his eight years in office.

    As first reported by Bill King, Turner told President and CEO Michael Heckman that Houston First must pay a $123,979 invoice for the 600 copies, but Heckman refused, saying it was not in the corporation’s budget and not an appropriate expense. Houston First Chairman David Mincberg later told FOX 26 that the corporation would develop a strategy to raise private funds to pay for the books.

    Controversy has also surrounded Turner’s management of city finances. Last year, Controller Chris Brown warned that the city was using $160 million in federal COVID-19 relief funds to plug budget holes and even to cover ongoing expenses.

  • Speaking of governments in trouble for spending Flu Manchu funds on other priorities, Germany is also in trouble for pulling the same trick after their high court told them to stop. As Europeans, spending within their means is unacceptable, so they’re now plotting to suspend debt limits…
  • Texas Governor Greg Abbott endorses Donald Trump for President. This is interesting in that Abbott is a careful, cautious Republican, who might be more ideologically inclined to endorse Ron DeSantis or Nikki Haley. That Abbott has endorsed Trump indicates he thinks Trump is a lock for the 2024 nomination. He may be right.
  • “Stacey Abrams’ Brother-In-Law Arrested, Accused Of Human Trafficking, Choking Underage Girl…Jimmie Gardner, a well-known Georgia-based youth motivational speaker, is accused of human trafficking, lewd or lascivious touching, and battery…According to the Tampa Police Department, Gardner invited a 16-year-old girl to his hotel room in the early hours of Friday, offering to pay her for sexual acts.” Sounds like the wrong sort of youth motivation…
  • “Paxton Impeachment Leader Andrew Murr Won’t Seek Re-Election.” Good.
  • Ouch! “450 Patients at Massachusetts Hospital Possibly Exposed to Hepatitis and HIV.”
  • You know you suck at business when you can’t make money selling pot to Californians. HERBL, California’s largest pot distributor, collapsed with $17 million in unpaid taxes.
  • Speaking of weed, the Snoop Dogg announcement turned out to be a head fake to flack for a smokeless outdoor fireplace.
  • Alabama woman with two uteruses is pregnant with twins…one in each womb.
  • The Critical Drinker liked The Killer.
  • Wish is shaping up to be the latest Disney box office disaster.
  • “Palestinian Authority Warns That Gaza Hospitals Running Dangerously Low On Ammunition.”
  • “10 Clues The Hospital You’re At Is Actually A Hamas Base.
  • LinkSwarm for December 8, 2022

    Friday, December 9th, 2022

    Greetings, and welcome to another Friday LinkSwarm! I still haven’t had time to wrangle all those Twitter revelations into a coherent article, so that will have to wait for another post.
    

  • Arizona Senator Kyrsten Sinema has announced that she will leave the Democratic Party and register as an independent.
  • “Most Voters Share GOP Concerns About ‘Botched’ Arizona Election.”
  • Flu Manchu lockdowns were all for naught.

    How different it feels this time around. Broadcasters are lustily cheering anti-lockdown protesters in China. Members of Congress offer unqualified support. President Joe Biden, although more guarded, is sympathetic.

    No Western politician, as far as I can see, is insulting the protesters. They are not dismissed as selfish or sociopathic, nor as dupes of conspiracy theories. Sen. James Lankford (R-OK) captured the mood: “To the people of China — we hear you and we stand with you as you fight for your freedom.”

    Broadcasters and columnists who spent 2020 calling anti-lockdowners kooks and criminals are now uncomplicatedly applauding their Chinese counterparts. They see ordinary people standing up against an authoritarian government the anti-COVID policies of which were crushing liberty.

    So, what changed? Perhaps pundits tell themselves that the disease is less virulent now, or that vaccination has altered the balance of risk, or that, in some other way, Beijing’s crackdown is less proportionate than those of 2020. But none of these explanations stacks up.

    Yes, the coronavirus became less lethal. All viruses that spread through human contact eventually become less lethal because they have an evolved tendency to want to keep their hosts up and active and therefore more infectious. For this to happen, they require a critical mass. Enough people need to be incapacitated or killed by the original version to give milder strains an advantage. And, yes, the vaccines helped, too.

    But the trade-offs are essentially the same in China today as they were three years ago — coronavirus deaths versus other deaths. The current unrest was sparked by a fire in Xinjiang, which was allowed to become needlessly deadly because the authorities were following COVID protocols. In other words, they were elevating COVID above other forms of harm.

    Most countries did the same in 2020 with, as we now see, disastrous results. The lockdowns did not just cause an economic meltdown from which we will take years to recover. They also failed on their own terms. They killed more people than they saved.

    Guess which developed country had the lowest excess mortality between 2020 and 2022. Go on, have a guess. That’s right. Sweden, which refused to close shops or schools or to impose a mask mandate, saw cumulative excess deaths rise by 6.8%, the lowest figure in the OECD. By way of comparison, the equivalent figures were 18% in Australia, 24.5% in the U.K., and 54.1% in the U.S.

    (Hat tip: Instapundit.)

  • “The “Crazy, Right-Wing Shooter” Myth.”
  • The Biden Administration Wants Taxpayers to Pay for Transgender Child Mutilation.” Of course they do. Every knee must bend. (Hat tip: Stephen Green at Instapundit.)
  • “Loudoun County Fires Superintendent over Handling of Sexual-Assault Cases. The Loudoun County school board fired Superintendent Scott Ziegler in a closed-door meeting Tuesday night after a special grand jury released a report blaming the district for failing to escalate cases of student sexual assault in 2021.” The black-pilled who proclaim that electing Republicans is useless aren’t considering the Glenn Youngkins of the world.
  • “New Washington Post Communications Chief Moonlights as Board Member of Far-Left Activist Group.”

    he Washington Post announced in October that it was welcoming a new communications chief. The paper’s official announcement lauded Kathy Baird, a veteran of Nike and the public relations giant Ogilvy, as a “key strategic partner” positioned to “realize our ambitious vision for the publication.”

    It also noted her membership in the “Rosebud Sioux Tribe” and service on the board of IllumiNative, which it described as “a nonprofit working for accurate and authentic portrayal of Native people.”

    That’s one way to put it. IllumiNative is a self-described “racial justice organization” funded by a dark money behemoth that encourages elementary school students to fight for Democratic Party initiatives like universal health care. Its purpose is similar to various far-left activist groups, focusing on “breaking through systems of white supremacy” and “grassroots organizing,” according to IllumiNative’s website.

  • Related: “Washington Post Hemorrhages 500,000 Subscribers In Biden Era.”
  • Argentina’s Vice President (and former President, and former First Lady) and leftwing Paronist Cristina Fernandez de Kirchner is sentenced to six years of corrupt fraud.
  • Paralympian: “Hey, can I get a wheelchair ramp?” Veterans Affairs Canada: “Are you sure you wouldn’t like assisted suicide instead?” (Hat tip: Dwight.)
  • “Michael Avenatti Gets 14-Year Sentence For Stealing Millions From Clients.” Remember the entirety of the leftwing media slobbering over this creepy crook for years? Let’s roll the tape again.

  • “Suspended Smith County Constable [Curtis Harris] Found Guilty of Theft, Official Oppression. Since his indictment, the 34-year-old Democrat has been jailed for violating the conditions of his bond and removed from office by a judge.” Smith County is in northeast Texas, and the biggest city is Tyler. Not to be confused with Deaf Smith County, which is completely different…
  • Carvana declares bankruptcy, is $7 billion in debt. “This will not have a happy ending.”
  • San Francisco decides to backtrack on their bomb-carrying killer robot idea.
  • “Nation Relieved To No Longer Have To Pretend To Like Soccer.”
  • “Fun New ‘Antifa On The Shelf’ Doll Burns Down Different Part Of Your House Every Night.”
  • Bad dog! (Or, really, bad owner.) (Hat tip: Ted Cruz’s Facebook feed.))
  • Great Pyrenees watchdog fights off 11 coyotes, killing eight. Good boy! I didn’t realize there were coyotes in Georgia, but evidently they’ve been extending their range from the southwest.
  • Could China’s House of Cards Finally Collapse?

    Thursday, September 23rd, 2021

    I’ve been writing about China’s bubble economy for over a decade, from the housing bubble to the Ghost Cities and even ghost collateral. And now China’s entire house of cards appears to be trembling thanks to a company called Evergrande, which owes more than $300 billion.

    China Evergrande Group, until recently the world’s largest property developer, owns dozens of stalled sites like Sunny Peninsula across China. Buckling under more than $300 billion in liabilities, the company is close to collapse, leaving 1.5 million buyers waiting for finished homes.

    That’s $300 billion, with a B. It’s hard to imagine that an American company would ever be allowed to accumulate that much debt (though AT&T is evidently carrying a hefty $167.9 billion debt load).

    That’s why Evergrande has reached its Lehman moment:

    Instead of Evergrande making the announcement, it was the entity that will soon control the massively overlevered property developer that made it for them: the Chinese government.

    According to Bloomberg, Chinese authorities told major lenders to China Evergrande Group not to expect interest payments due next week on bank loans, which takes the cash-strapped developer a step closer the nation’s largest modern-day restructurings, and guarantees that China’s “Lehman Moment” is now just a matter of days, if not hours.

    According to Bloomberg, citing unnamed sources, the Ministry of Housing and Urban-Rural Development told banks in a meeting this week that Evergrande won’t be able to pay its debt obligations due on Sept. 20, and instead most of Evergrande’s working capital in now being used to resume construction on existing projects, the housing ministry told bankers, according to a Bloomberg source.

    And since nonpayment of interest and principal will represent an event of default, the company is unlikely to make any subsequent interest, or principal, payments either since it will have already default even though Bloomberg claims that “Evergrande is still discussing the possibility of getting extensions and rolling over some loans.” It won’t, especially since the developer will also miss a principal payment on at least one loan next week, which means it’s game over.

    Meanwhile, as reported previously, Chinese authorities are already laying the groundwork for a debt restructuring of the $300 billion company (which recently hired Houlhan Lokey to advise it during the upcoming historic bankruptcy), assembling accounting and legal experts to examine the finances of the group. With senior leaders in Beijing silent on whether they will allow Evergrande creditors to suffer major losses, bondholders have priced in slim odds of a rescue infuriating countless investors and creditors who have mobbed the company’s offices across the country and also gathered at its HQ, demanding the company “return their money.” It won’t happen.

    Not only is Evergrande possibly facing complete liquidation, but word came down that the company might make payments on Chinese-owned debt, but stiff foreign debt holders.

    But the word this morning is that the Chinese government is now telling them to avoid default on dollar-denominated bonds. After all, if investors worldwide decided that all Chinese debt was potentially toxic, that would leave connected Chinese communists in a world of hurt.

    And we can’t have that.

    The unusual thing about Evergrande is that they owe money to everyone:

    It seems to me that what is interesting about Evergrande is not so much the magnitude of its debt problems but their variety. Evergrande owes money to Chinese banks. It owes money to foreign hedge funds, and foreign investors own its stock. It owes money to suppliers, and to Chinese retail investors in those wealth management products. And it owes apartments to buyers. And the retail investors who bought Evergrande wealth management products were often also Evergrande homeowners, because the products were sold at Evergrande buildings.

    It even took out short-term loans from its own employees. Also, it’s evidently stopped paying some employees. I don’t know about you, but for me both those would be signs it was time to look for another job.

    More:

    When a big company runs out of money, the basic questions are (1) who gets paid and who doesn’t and (2) should the government pay its debts for it? Those questions are interconnected. There is an ordinary way to answer the first question, some waterfall of claim seniority. You look at the company’s capital structure and say “well these people have senior claims and will get paid back, and these people have junior claims and won’t, and these other people are somewhere in the middle and might get some recovery.” And there are complex and subtle questions about the best way to preserve value in the business: Perhaps you have the legal right to stiff customers (perhaps their deposits aren’t particularly senior claims), but if you do that you’ll never get any more customers, so you treat them better than you are legally required to. And the managers of the business and the creditors and the lawyers work together to figure out a plan that maximizes the recovery for everyone.

    But if the ordinary process to answer the first question ends up with an answer like “sympathetic ordinary people lose their life savings,” or “politically connected people lose everything,” or “the banking system loses a lot of money and becomes undercapitalized,” or for that matter “housing prices collapse,” then that is a good reason for the government to step in. And if the government is stepping in, there is no particular reason to assume that the ordinary claims of seniority will apply. If the government steps in to rescue small investors or the banking system or housing prices, that doesn’t necessarily mean it will also rescue foreign hedge funds.

    Bloomberg’s Joe Weisenthal and Tracy Alloway did an Odd Lots episode with analyst Travis Lundy about this, in which he gives his best guess at a waterfall of repayment. “I think that if you start from the ranking of who ends up coming out well on this, if you had to ask, this is the Communist Party of China who’s the most important stakeholder in this,” he says, and then goes through a list of claimants ordered by, basically, how politically sympathetic they are. This seems like a more reasonable analysis than, like, looking at the corporate structure and legal document to see which claims are more senior.

    After the subprime meltdown in 2008, steps were taken to reduce systemic risk in the American and European economies. China? Not so much.

    Whatever the ultimately resolution of Evergrande, the Chinese real estate market still seems both way over-leveraged and horribly opaque.

    That leads to things like 15 abandoned, never completed Chinese skyscrapers being demolished:

    That wasn’t Evergrande, but a dizzying succession of other firms:

    The original developer was Kunming Xishan Land and Housing Development and Operation (Group) Co., Ltd. (hereinafter referred to as Kunming Xifang). The project covers an area of ​​about 340 acres. It is planned to have residential, commercial and office buildings. It is divided into 4 plots for development and construction, namely A1, A2, A3, and A4. Among them, the A1 and A3 plots are commercial, and the A2 and A4 plots are residential, with a total construction area of ​​approximately 630,000 square meters. Among them, the delivery of four high-rise residential buildings on the A2 plot has been completed, with a construction area of ​​about 136,000 square meters.

    In 2012, due to the break of Kunming Xifang’s capital chain, the project was taken over by Yunnan Tin Industry Real Estate Development and Management Co., Ltd. (hereinafter referred to as Yunxi Real Estate). The project was renamed Yunxi·Gemdale. In July 2013, due to various reasons, Yunxi Construction of Sikkim Land was suspended. 2014 was originally the delivery time for the A2 plot of Yunxi Jindi, but due to the suspension of the project, the delivery did not begin until March 2015. In addition to the 4 high-rise buildings in the A2 plot that have been delivered, the remaining three plots A1\A3\A4 totaling 15 high-rise buildings have been suspended since the end of 2013.

    In order to solve the problems left over from the unfinished project, the government restarted the project through the listing and transfer of the Yunnan Provincial Property Rights Exchange. On December 29, 2020, Yunnan Honghe Real Estate Co., Ltd. obtained the right to develop the project through equity transfer.

    According to Sun Zheng, general manager of Xifang Group’s Liyang Star City Phase II Project, on January 6 this year, Yunnan Honghe Real Estate Co., Ltd. acquired 100% of Kunming Xifang’s equity and 23,068,600 yuan of debt at a transfer price of 979 million yuan. At present, West Real Estate is a wholly-owned subsidiary of Honghe Land. In order to maintain the continuity of project development, Liyang Star City Phase II will continue to use West Real Estate as the main development entity.

    Got all that? That’s just one development in one city you’ve never heard of. How many other ghost developments are there in China? Hundreds? Thousands?

    Another real estate boondoggle: Why Shanghai Tower failed. “The Shanghai Tower is owned by Yeti Construction and Development, a consortium of state-owned development companies which includes Shanghai Chengtou Corp., Shanghai Lujiazui Finance & Trade Zone Development Co., and Shanghai Construction Group.”

    And another: “The Story Behind China’s 600-Metre Abandoned Skyscraper.” Goldin Finance 117 was underwritten by Goldin Properties Holding.

    Remember that declines in real estate holding values were huge drivers for Japan’s bubble bursting as well as the subprime meltdown that took out Lehman Brothers and Countrywide (among others).

    Could China’s house of cards finally collapse in the same way? Very possibly. But remember this caveat:

    LinkSwarm for March 5, 2021

    Friday, March 5th, 2021

    Greetings, and welcome to another Friday LinkSwarm! More Democrats behaving badly, and Orange Man Bad simply refuses to abandon the spotlight…

  • Americans are in favor of confronting China over heinous human rights abuses, even if it means risking economic ties.
  • Trump Eviscerates Biden’s Record in Blistering CPAC Speech.” Shotgun, meet barrel of pike. (Hat tip: Ace of Spades HQ.)
  • Despite having the entire American political establishment against him, Trump’s agenda is more popular than ever. (Hat tip: Instapundit.)
  • The Biden Administration is already a disaster:

    What has this desiccated, old weirdo achieved in his six weeks of semiconsciousness in the Oval Office? Well, there’s putting tens of thousands of Americans out of jobs, including union guys who voted for him. There’s telling the American people that their kids can’t go to school because public school teachers take priority over children because of science or something. There’s another war in the Middle East. Those are kind of accomplishments, but not really good ones.

    His administration had someone named “Ducklo” who was mean to women. He had another who wants to be a woman and who wants to let your little boys be surgically turned into women. And Neera Tanden’s confirmation was blocked because she was a woman and totally not because she was an inept loudmouth.

    If this is normalcy, what’s a freak show look like?

    Are you * voters starting to feel a bit of buyer’s remorse? Let me ask it another way. Everybody enjoying your $2,000 check? Oh well. On the upside, they impeached Trump…and failed. Again, after sucking up two weeks of the Senate’s calendar. So, what do you have to show for yourself, * voters?

    Failure.

    (Hat tip: Director Blue.)

  • The Democrats’ pork laden “relief” bill includes massive health care subsidies for the rich:

    The massive coronavirus relief bill racing through Congress provides substantial new health-insurance subsidies to upper-income households. A 60-year-old couple with two kids making $200,000 would receive a subsidy of $12,000. In some parts of the country where premiums are high, families with incomes exceeding half a million dollars will qualify for thousands of dollars in subsidies to buy an ObamaCare plan. In contrast, a family of four making $40,000 receives an added benefit of just $1,600.

  • It also includes 25 weeks of paid leave for bureaucrats with children in closed schools. Meanwhile, parents with closed schools held hostage to teacher’s union who aren’t bureaucrats can drop dead.
  • The fall of Michael Madigan, America’s last machine boss:

    Newly minted as a committeeman, Madigan was sent to the 1970 Illinois Constitutional Convention as a delegate representing Daley’s interests. He voted for the most constricting “pension protection” clause in the nation, which guaranteed government-employee unions benefits the government couldn’t afford in exchange for their backing of the Democratic machine, tying the state to an anchor of massive debt in perpetuity. He also voted for changes in the property-tax system that would later make him a millionaire through his law firm, Madigan & Getzendanner, which specialized in appealing the tax assessments of the most valuable real estate in the Midwest and skimming off the reductions granted by political allies who heard the firm’s appeals.

    Later that year, Madigan was elected state representative for the 22nd House District of Illinois. He would go on to be reelected 25 times, eventually being elevated to House speaker after he was made gerrymanderer-in-chief following the 1980 Census. The redistricting process had been expected to hurt Democrats badly, but Madigan’s cartographical cunning staved off a political bloodbath and earned him the title of “political wizard” from the Chicago Tribune. Many representatives now owed their seats to his pen, and they elected him speaker in 1983.

    For all but two of the next 38 years, he would hold the speaker’s gavel, wielding parliamentary rules that gave him more power than any other legislative leader in the country. His one-man rule was finally merged with the party power structure in 1998, when he became chairman of the Democratic Party of Illinois. This made him a one-stop shop for special interests looking to pass or kill legislation. Commonwealth Edison, the state’s largest utility provider, last year was forced to pay a $200 million fine for attempting to bribe Madigan by providing no-work contracts and other perks to the speaker’s inner circle. Though he denied wrongdoing, the scandal ultimately hastened his downfall.

    The wreckage of Madigan’s decades-long reign is obvious. When he became speaker in 1983, Illinois had a perfect credit rating. Since 2013, it’s had the worst credit rating in the nation, just one notch above junk. The reason is that while Daley built his political army with federal money, Madigan built his with state money, specifically state debt. Political foot soldiers owed generous pensions, early retirements, and other perks to the speaker’s protection. His fingerprints are on nearly every bill that enhanced state pension benefits, borrowed money to cover their costs, or shorted contributions to the systems to avoid difficult choices over the course of his 50 years in power.

    The result of all those unsustainable promises is the most severe public-pension crisis in U.S. history, one with far-reaching implications for Illinois government. Since 2000, the state has cut spending on child welfare and other programs that help those in need by one-third after adjusting for inflation. Over the same time, spending on pensions and pension debt has increased 501 percent. The same story plays out at the local level, as Illinoisans are saddled with property-tax bills on par with their mortgages — bills that sap home equity out of once-prosperous Black communities, particularly — in exchange for sub-par services that get worse each year.

  • “Liberal elites are driving minority voters from Democratic Party“:

    If you haven’t read New York magazine’s interview with David Schor, an Obama campaign veteran and liberal data analyst, it’s worth your time.

    His post-mortem of the 2020 election shows how Democrats have increasingly become a party of college-educated whites, whose hard-left views aren’t fully shared by the black and Hispanic communities they claim to champion. His findings echo the concerns of older progressive analysts such as John Judis.

    Between the 2016 and 2020 elections, Schor finds, Democrats gained 7 percent among white college grads, but lost 2 percent of African Americans and 8 to 9 percent of Latinos, as well as about 5 percent of Asian Americans.

    Socialism and “defund the police” were the chief reasons, Schor says: “We raised the salience of an ideologically charged issue that millions of nonwhite voters disagreed with us on.”

    Even on immigration, “If you look at, for example, decriminalizing border crossings, that’s not something that a majority of Hispanic voters support,” Schor says.

    (Hat tip: Instapundit.)

  • Far-left Social Justice Warrior and Hillary Clinton toady Neera Tanden withdrew her nomination to become director of the Office of Management and Budget when it became apparent she didn’t have the votes to be confirmed.
  • Speaking of Biden nominations in trouble, Xavier “I Hate Nuns” Becerra’s nomination is no slam dunk either.
  • When I saw a headline on a deadly crash involving an SUV carrying 25 people, I went “Obviously it must have been full of illegal aliens.” Well, guess what?
  • Just as Florida Governor Ron DeSantis lifted coronavirus restrictions month before Texas, so too he’s way ahead of Texas Governor Greg Abbott in proposing concrete election integrity laws.
  • Andrew Cuomo abused his power as Governor to sexually harass me, just as he had done with so many other women.” What, you’re saying it’s not perfectly normal for a governor to ask female aids to play strip poker?
  • Why is the media finally getting around to metooing Andrew Cuomo? To protect other Democratic governors from their disasterous coronavirus policies:

    In a just world not plagued by a fake and corrupt media, Gov. Andrew Cuomo (D-NY) would be on the edge of resigning his office today, not over a handful of times he allegedly got aggressive with women, but over his sociopathic executive order that required nursing homes to accept patients still infected with the coronavirus.

    That, after all, is the real scandal here, the true scandal, an act so monstrous Cuomo knew he had to cover it up, which he did by falsely blaming the order on the Trump administration and then lying about just how many seniors died as a result.

    But instead of being pressured to resign over that, he’s being hit with perfectly-timed allegations of sexual misconduct, two involving former staffers, one involving a complete stranger he met at a wedding.

    As these things go, while his alleged behavior is inappropriate (especially in the workplace), it’s nothing compared to the credible allegations against His Fraudulency Joe Biden, which involve a full-blown sexual assault allegation. Biden got away with much, much worse, so…

    So what’s going on? Why is America’s corrupt media not at all interested in some 15,000 dead senior citizens while they tar and feather Cuomo over the allegations he made three left-wing women uncomfortable?

    The answer is obvious…

    Four other Democrat governors issued the same sociopathic nursing home order as Cuomo. Four other Democrats ordered infected coronavirus patients be admitted into nursing home facilities where 1) the most vulnerable live, and 2) they’re not set up to handle an infectious virus.

    What this means is that if the corrupt media were to do the right thing (like that will ever happen) and go after Cuomo over his deadly nursing home policy, it would open a Pandora’s Box against these four Democrat governors and the Democrat party as a whole, which is something our fake media will never do.

    Democrats must be protected at all costs, even if the cost is thousands and thousands of lives.

  • When a Cuomo marries a Kennedy.

    So welcoming was the Kennedy clan that the exes of either sex stayed on as friends. Andrew put a stop to that. For Kerry, that meant no more former boyfriends, not even those whom the Kennedys regarded as family. That was the word, and Andrew was dead serious about it. The new rule reinforced the doubts the family had had about Andrew from the start: he wasn’t fun; he didn’t get fun. He was, to put it mildly, a spoilsport. Unlike the Kennedys, too, he didn’t mask his ambition with charm, and no one, not even his in-laws, would stand in his way. And, as Andrew’s star at HUD rose, he seemed increasingly to regard those in-laws with disdain.

    He hated the gatherings in Hyannis; he always felt like the odd man out. The joshing around, the freewheeling talks—Andrew was just too tightly wound to join in. One night, as was typical, the family began singing songs, each member singing a favorite. “The Kennedys are terrible singers, but it’s one of the great joys,” explained Douglas Kennedy. “One time Joe [Jr.] is up there, and he sings ‘Danny Boy,’ and everyone is happy about it. Except Andrew. He’s on the couch with his arms folded, looking disgusted by the whole thing. Everyone is calling for someone else to sing a song. ‘Andrew, you sing,’ someone says. But he says, ‘No, I’m not Irish.’ So someone else says, ‘Sing something Italian.’ Andrew still won’t, so I sing ‘Volare.’”

    Andrew stopped going to Hyannis at one point, a family member recalled. But he made sure to be with the clan at any gathering covered by the media. Early on, the family noticed that at every visit to Arlington Cemetery to honor their father or uncle, Andrew situated himself just so. “He would always find the exact perfect place to stand so he could be in the newspaper the next day,” recalled a relative. “So if that meant grabbing [Ethel’s] hand and walking to the grave, or standing next to John or Caroline, he would get himself in the frame. That was his whole thrust.”

    His “thrust” seems to have changed a bit…

  • Pro-#BlackLivesMatter Portland city councilwoman Jo Ann Hardesty allegedly fled scene after hitting another car. Try to contain your shock. (Hat tip: Stephen Green at Instapundit.)
  • Speaking of Hellhole Portland: “Defunded Police Were Too Busy With Shootings to Stop Antifa Rioters.”
  • Ninth Circuit Vacates California Magazine Ban Decision.” Good, though there’s still a chance for an en banc hearing.
  • Former French President Nicolas Sarkozy convicted of corruption and influence-peddling, and sentenced to a year in prison.
  • Why Arab armies suck:

    [Kenneth Pollack’s Armies of Sand: The Past, Present, and Future of Arab Military Effectiveness] identifies key aspects of Arab culture relevant to the book: conformity, centralization of authority, deference to authority and passivity, group loyalty, manipulation of information, atomization of knowledge, personal courage, and ambivalence toward manual labor and technical work. One can see how these values and behaviors will negatively affect military performance, especially the most glaring problem for Arab armed forces: poor tactical leadership from junior officers. Consistently, these officers fail to show any initiative or creativity—they rarely if ever adapt quickly to changing circumstances in battle. This makes perfect sense, though, if one considers these soldiers were trained to conform and defer to authority. This stands in stark contrast to the Israeli military, whose soldiers were raised in the “Start-up Nation,” which encourages innovation from all ranks.

    The education system in Arab societies drilled in these values to the point that they became central to soldiers’ behavior. “Typical Arab educational practices relentlessly inculcated the values, preferences, and preferred behavior—the culture—of the wider society,” Pollack writes.

    Pollack also explains that Arab military programs are modeled on the educational methods of the larger society, reinforcing certain patterns of behavior and conditioning soldiers to act and think in “ways that reflect the values and priorities of the dominant culture.”

  • You didn’t really think that Google Chrome’s incognito mode would protect you, did you?
  • Fighting woke racists at Smith College.

    I was told on multiple occasions that discussing my personal thoughts and feelings about my skin color is a requirement of my job. I endured racially hostile comments, and was expected to participate in racially prejudicial behavior as a continued condition of my employment. I endured meetings in which another staff member violently banged his fist on the table, chanting “Rich, white women! Rich, white women!” in reference to Smith alumnae. I listened to my supervisor openly name preferred racial quotas for job openings in our department. I was given supplemental literature in which the world’s population was reduced to two categories — “dominant group members” and “subordinated group members” — based solely on characteristics like race.

    Every day, I watch my colleagues manage student conflict through the lens of race, projecting rigid assumptions and stereotypes on students, thereby reducing them to the color of their skin. I am asked to do the same, as well as to support a curriculum for students that teaches them to project those same stereotypes and assumptions onto themselves and others. I believe such a curriculum is dehumanizing, prevents authentic connection, and undermines the moral agency of young people who are just beginning to find their way in the world.

    Although I have spoken to many staff and faculty at the college who are deeply troubled by all of this, they are too terrified to speak out about it. This illustrates the deeply hostile and fearful culture that pervades Smith College.

  • “Baltimore HS Student Who Passed Only Three Courses in Four Years Ranks in Top Half of His Class.” It’s a real mystery why they have the highest VD rates in the country
  • One thing both Democrats and Republicans agree on: John Kasich is a worthless pile of nothing.
  • Sad news: Austin-based movie theater chain The Alamo Drafthouse has filed for Chapter 11. That’s reorganization, so most theaters will stay open. A good thing, too, since I’ll probably see Godzilla vs. Kong there…
  • Papa Johns founder John Schnatter vindicated. Laundry Service “the branding company hired which was hired by Papa John’s to improve its image, was caught on a ‘hot mic’ brainstorming ways in which it could use comments made by Schnatter to damage his image.”
  • In Soviet Russia, guitar shreds you! (Hat tip: Ed Driscoll at Instapundit.)
  • “Sanitizer”:

  • “Estimated 9 Billion Already Dead From Texas Mask Mandate Reversal.”
  • “Texas Governor Hailed As Conservative Hero For Ending Unconstitutional Mandates He Implemented.”
  • “G.I. Joe To Be Replaced With Genderless G.I. Pat.”
  • “Can You Find All 17 Instances Of Racism On This Page From A Dr. Seuss Book?”
  • “Report: Women In Hell Still Trying To Turn Up The Thermostat.”
  • “Lunchtime!”

  • NRA’s Texas Bankruptcy Ploy Is No Slam-Dunk

    Tuesday, January 19th, 2021

    In a follow-up to last week’s story about the NRA declaring bankruptcy and reincorporating in Texas, John Richardson of No Lawyers—Only Guns and Money sent me a link to this piece, in which bankruptcy lawyer Adam Levitin analyses the gambit, and brings up several potential pitfalls in carrying it off.

    This is going to be one heck of an interesting case. There are already so many glaring issues (or should I say “targets”?): venue, good faith filing, disclosures, the automatic stay the trustee question, fiduciary duties to pursue claims against insiders, executory employment contracts, the fate of Wayne LaPierre, and the generally overlooked governance provisions of the Bankruptcy Code. I’ll take quick aim at these all below.

    Venue. Right off the bat, there’s a question of what the heck the NRA is doing filing in Dallas. The answer is that the NRA is engaged in one of the most blatant forum shopping maneuvers I’ve seen. The NRA is a New York non-profit corporation with its headquarters in Virginia. The NRA is claiming Dallas venue on the basis of an affiliate’s previous filing in the district. In other words, venue is only proper for the NRA if the venue is proper for the affiliate.Therefore, the propriety of the affiliate’s venue is what matters.

    The affiliate is a sole-member Texas LLC called Sea Girt LLC that was only created 52 days ago, on November 24, 2020. Sea Girt’s bankruptcy petition indicates that it has less than 49 employees, under $50,000 in assets and between $50,000 and $100,000 in liabilities. Note that the petition form does not have an option of listing “zero” employees. Sea Girt’s petition does not include a completed Form 204, which would list is largest non-insider unsecured creditors. But I’m going dollars to donuts that Sea Girt does not have any outside creditors other than perhaps its law firm, and that it does not actually carry on any business.

    Now the bankruptcy venue statute prescribes the appropriate venue as being the district in which the “domicile…of the entity that is the subject of such case [has] been located for one hundred and eighty days immediately preceding such commencement, or for a longer portion of such one-hundred-and-eighty-day period than the domicile … of such person were located in any other district.” So even though Sea Girt LLC has not been in existence for 180 days, the statute still provides for a Texas venue. But the venue here is so obviously contrived and the NRA has no particular connect to Texas, so I expect there to be an attempt to have the case transferred to SDNY.

    Good faith filing. A second immediate issue seems to be whether the NRA (and Sea Girt) filed in good faith. Every circuit including the 5th) has a good faith filing doctrine. The doctrine in a nutshell is that if a bankruptcy case does not have a “valid reorganizational purpose,” it should be dismissed “for cause.” Attempting to evade liability in litigation is not a “valid reorganizational purpose,” and the NRA’s press release seemed to me a version of the press release in SGL Carbon, the leading 3rd Circuit good faith filing doctrine case. In SGL Carbon, the debtor foolishly said that it was filing for bankruptcy just to stiff a competitor that had an antitrust suit against it and assured its other creditors that they would be paid in full. That sounds an awful lot like “dumping New York” while saying that all valid claims will be paid in full. (My students might recall me cautioning them that a debtor’s attorneys should insist that they get to sign off on all press releases and communications related to the bankruptcy for just this reason…) Now, the NRA isn’t looking to avoid paying NY. Instead, it is looking to escape NY’s jurisdiction. But that seems a distinction without a difference. It isn’t hoping to use bankruptcy to reorganize its finances, but to get out of the lion cage.

    Snip.

    Disclosure. Filing for bankruptcy is a bit like entering a fishbowl. Everything is on display. First, creditors are entitled to conduct an “examination of the debtor” under oath at the initial meeting of the creditors (the “341 meeting.”) Additionally, an individual creditor may under Bankruptcy Rule 2004 undertake an examination of the debtor. (And that includes creditors who are creditors by virtue of by claims–that could include gun-control groups among others.) There’s certainly room there for questions that get to the reasons for filing, namely whether there was any financial reason for filing.

    Automatic Stay? Another issue is whether the bankruptcy filing will in any way stop the NY AG’s action to dissolve the NRA. At the very least, the automatic stay should not. There is an exception in section 362(b)(4) from the stay for regulatory actions that are not seeking money from the debtor, and the NYAG suit seems squarely in that exception. It’s possible that the NRA will seek a supplementary injunction from the bankruptcy court, however.

    Trustee or Conversion. While I would expect a venue motion or a motion to dismiss the case, I would also expect a motion for appointment of a trustee or conversion to chapter 7 (which would trigger a trustee). The NRA seems like a classic case for this—there are credible allegations of serious financial impropriety involving the current management (namely executive VP Wayne LaPierre). That both fits into the “fraud, dishonesty, incompetence, or gross mismanagement” route for a trustee’s appointment, or into the “best interests of the creditors” route. Two key things if a trustee is appointed. First, the trustee will hold the NRA’s attorney-client privilege, not Mr. LaPierre. Mr. LaPierre will not be able to claim privilege for any conversations he had with the NRA’s attorneys. Second, a trustee has every incentive to pursue all of the NRA bankruptcy estate’s claims, including against Mr. LaPierre. That brings us to the next topic, the debtor in possession’s fiduciary duties.

    Fiduciary duties. The NRA as debtor in possession is a fiduciary for all of its creditors. That means, among other things, that if the NRA has potential claims against Mr. LaPierre or others, including fraudulent transfer claims, it must pursue them. Mr. LaPierre as EVP cannot decide whether to litigate against himself. If he’s too conflicted, that will mean that the court will either have to appoint a trustee or let a creditors’ committee pursue the claims.

    Snip.

    The fate of Wayne LaPierre. Putting aside Mr. LaPierre’s employment contract, he’s got another problem. The NY AG suit isn’t just against the NRA. It’s also against Mr. LaPierre and some of his lieutenants. LaPierre and his lieutenants have not filed for bankruptcy, and even if the NRA is able to convert to a Texas corporation, the NYAG’s suit against Mr. LaPierre can still proceed. The NYAG is seeking restitution from LaPierre as well as a bar from his ever soliciting funds for a nonprofit in NY (not just for a NY nonprofit). Moreover, if NY is successful, it might well create problems for LaPierre serving as an officer of a nonprofit in another state. All of which is to say that the NRA fleeing to Texas doesn’t address Mr. LaPierre’s problems.

    Once again, LaPierre is the millstone dragging down the NRA. The best outcome would be for the NRA to successfully reincorporate in Texas…but without LaPierre and his cronies bleeding the organization dry.

    Welcome to Texas, NRA! Leave Wayne Behind.

    Saturday, January 16th, 2021

    This news broke Friday night:

    The National Rifle Association announced Friday that it has filed for bankruptcy and will move out of New York and restructure the organization as a nonprofit in Texas.

    The nation’s leading gun rights advocacy group said that the move to Texas will enable the group to “exit what it believes is a corrupt political and regulatory environment in New York.”

    “By exiting New York, where the NRA has been incorporated for approximately 150 years, the NRA abandons a state where elected officials have weaponized the legal and regulatory powers they wield to penalize the Association and its members for purely political purposes,” the NRA said in a statement.

    New York Attorney General Letitia James filed a lawsuit seeking to dissolve the NRA in August, alleging that senior leaders of the group misused tens of millions of dollars, diverting the funds for personal use and other illegal purposes.

    The NRA denied the allegations and filed a lawsuit of its own against James, accusing her of violating the group’s free speech rights and requesting that her investigation be blocked. The move to Texas and restructuring of the group could prevent the New York attorney general from seeking the dissolution of the group.

    The group filed Chapter 11 petitions in U.S. Bankruptcy Court in Dallas, listing assets and liabilities of $100 million to $500 million.

    There are a lot of good reasons for the NRA to move from New York to Texas apart from the lawsuit (though that’s a pretty big one), but it won’t be restored to a fully functioning organization until Executive Vice President Wayne LaPierre is gone.

    The NRA has been in crisis for over a year because LaPierre has engaged in what appears to be systematic looting through contracts to media company Ackerman McQueen and other entities that seem very, very chummy with LaPierre:

    This 100-page document…contains unprecedented disclosures of where the money categorized as expenditures for “fund-raising” and “public relations” actually went. For example, it was revealed for the first time the Mercury Group, an Ack-Mac subsidiary run by LaPierre’s closest confidant, Tony Makris, received $5.8 million from NRA in that year; another Makris-run company, Under Wild Skies, got $2.6 million. Meanwhile, NRA has nearly exhausted its $25 million credit line (secured by a mortgage on its headquarters building), liquidated $2 million from an investment fund, borrowed close to $4 million from its officers’ life insurance policy and extracted about $5 million in office rent and overhead from the NRA Foundation.

    This, in the same year that NRA’s 10 highest-paid executives received compensation aggregating over $8 million.

    Unfortunately, the NRA is structured so that LaPierre has more institutional power than the NRA’s elected President, something Oliver North found out. The NRA needs LaPierre out and a forensic audit to uncover past abuses before gun owners give it another dime. I’ve let my membership lapse because of the crooked self-dealing on display by LaPierre and his cronies, and I suspect there are millions of other gun owners like me. Instead I joined Gun Owners of America, because I know my membership fees won’t be going to line Wayne’s pockets.

    No Lawyers – Only Guns and Money has been following every twist and turn of the NRA/LaPierre problems for years, so go over there and start reading if you want all the deep background on the situation.