Posts Tagged ‘Lawsuit’

Paxton Sues To Stop Fed Crypto Power Grab

Monday, November 18th, 2024

Another week, another Ken Paxton lawsuit against federal overreach, this time on the cutting edge of cryptocurrency regulation.

A group of states is suing the Security Exchanges Commission (SEC), claiming the commission is overstepping its authority in regulating digital assets like cryptocurrencies — arguing that the SEC’s actions stifle state-level innovation and impose federal control without congressional approval.

Eighteen state attorneys general have joined the lawsuit, one of which is Texas Attorney General Ken Paxton, in addition to DeFi Education Fund, a nonpartisan research and advocacy group.

Along with naming the SEC directly in the complaint, it also lists SEC Chair Gary Gensler, among other officials.

If Gensler’s name rings a vague bell, it may be because he was the chief financial officer for Hillary Clinton’s ill-fated presidential run.

The states want the court to stop the SEC from enforcing regulations and allow them to manage digital assets with their own laws.

“The SEC’s sweeping assertion of regulatory jurisdiction is untenable,” the suit states. “The digital assets implicated here are just that — assets, not investment contracts covered by federal securities laws.”

“They do not entail any traditional investment relationship, in which the investor invests capital and the promoter assumes an ongoing obligation to use that capital in a common enterprise to generate returns that the investor will share.”

The lawsuit goes on to explain that the laws defining what counts as an “investment contract” were written in a clear way, and past U.S. Supreme Court decisions support this definition. Because of this, the complaint asserts, the SEC does not have broad authority to regulate all digital asset transactions as if they were securities. The argument is that the SEC is overreaching beyond what these laws and past rulings allow.

The complaint, filed in Kentucky district court, is asking the court to declare that digital asset transactions are not considered securities if they don’t involve a promise to manage assets for profit. They also want the court to stop the SEC from forcing digital asset platforms to register as securities-related businesses if they don’t meet those conditions. Additionally, the states claim the SEC broke rules by not following proper procedures.

Snip.

While on the campaign trail, President-elect Donald Trump vowed to protect the blockchain industry, making a bevy of promises to crypto enthusiasts.

Trump took the stage at the Libertarian National Convention back in May, where he promised to stop “Joe Biden’s crusade to crush crypto.” In July he said he would “fire Gary Gensler” on day one of his new administration.

“No longer will your government sit by and watch as Bitcoin jobs and businesses flee to other countries, because America’s laws are too unclear and too tough and too angry and too stiff,” Trump said while delivering the keynote address at a Bitcoin conference. “We will keep each and every Bitcoin job in the United States of America, that’s what we’re going to be doing.”

Texas has become a major center of the crypto and Bitcoin industry in America. Sen. Ted Cruz (R-TX) is a vocal advocate for the emerging finance sector, and Gov. Greg Abbott signaled he will continue to be friendly to the crypto community, describing himself as a “crypto law proposal supporter.”

There’s a long-running debate about just what the hell cryptocurrencies are under federal law. Unlike other securities (say, a stock or bond), a unit of cryptocurrency is not a token that represents a tangible legal entity in the real world. It’s not a currency as traditionally understood, as it is not backed by specie or the power and authority of a government. It’s not a commodity, because what commodity can be moved across the world at the speed of light?

If it doesn’t actually fit the profile of anything that legislation has specified that the government regulates, then maybe, as Paxton et al assert, then the federal government shouldn’t regulate it. That would seem to be the proper constitutional interpretation under the Tenth Amendment.

While I’m still skeptical of the long-term usefulness of cryptocurrency (though with Bitcoin hovering around $90,000, I sure wish I had mined some back when it was easier to do), the Trump Administration is filled with very smart people who believe in Bitcoin and other cryptocurrencies. History teaches us that it’s best to let new technologies shake out without government interference, so let’s hope Paxton and company’s lawsuit succeeds.

Paxton Sues Feds Over Jack Smith Records

Wednesday, November 13th, 2024

All of Ken Paxton’s lawsuits against the federal government have offered the possibility of notable revelations, but this one has the potential to be extra spicy.

Texas sued the U.S. Department of Justice (DOJ) on Monday attempting to preserve all records pertaining to Special Counsel Jack Smith’s investigation into President-elect Donald Trump.

Texas Attorney General Ken Paxton filed a Freedom of Information Act (FOIA) complaint on November 8 requesting specific records from Smith’s investigation, including “all Communications from any current or former member of the Office of Special Counsel Jack Smith to any New York State governmental office since November 18, 2022,” as well as “documents memorializing the … final reasoning to request that a trial against President-elect Trump to start in January of 2024.”

Texas expressed concerns in court documents that the DOJ’s history with special counsels is “regrettably riddled with attempts to avoid transparency,” specifically referencing Special Counsel Robert Mueller’s infamous Crossfire Hurricane incident in 2020. Mueller’s team allegedly repeatedly wiped their phones after an investigation into the DOJ’s handling of a Federal Bureau of Investigation (FBI) probe into Trump’s purportedly unlawful links to Russia.

The suit filed on November 11 states that Paxton “fears that many releasable records — including those that he sought — will never see daylight. That is not because the DOJ has any legal reason to withhold them…”

“Rather, Attorney General Paxton has a well-founded belief as set forth herein that Defendants will simply destroy the records.”

Paxton states in the filing that since Trump won the election “it is clear that both Jack Smith’s office, and his prosecution of the President, will soon end.” The DOJ’s own policies do not permit bringing charges against a sitting President of the United States as it “would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions.”

“I will not allow the corrupt weaponization of the United States government to be swept under the rug as Jack Smith and others who unjustly targeted President Trump attempt to avoid accountability,” Paxton said in a press release.

Texas’ suit was filed in the United States District Court Northern District of Texas, Amarillo Division.

Obviously I hope Paxton prevails and that Smith (and the entire Biden Administration)’s attempts to illegally wage lawfare against Trump to thwart the will of American voters gets exposed. However (and here we insert the usual I Am Not A Lawyer caveat), it appears that Paxton will have difficulty in establishing standing for the lawsuit to proceed. Trump is not a resident of Texas, and it may be difficult to establish that the State of Texas has suffered direct harm from Smith’s actions.

However, in this case I’m wondering if Paxton has filed the case on a timeline that either the Biden Administration doesn’t respond in time, or that the second Trump Administration can file the response, proving a mechanism by which the Trump Administration settles the lawsuit by releasing all requested documents that may otherwise be held up by claims of executive privilege, garden variety DOJ stonewalling, etc.

It’s an interesting gambit. We’ll see how it plays out…

Paxton Files Lawsuit Against Tik-Tok

Saturday, October 5th, 2024

Texas Attorney General Ken Paxton doesn’t just sue the Biden Administration, he sues anyone breaking Texas law. and this time he’s suing Chinese-owned Tik-Tok.

Big tech companies, and TikTok especially, have continued to draw the attention of Texas Attorney General Ken Paxton, who has now sued the social media giant alleging it violated aspects of a newly enacted Texas online safety law.

“Big Tech companies are on notice that I will hold them accountable for exploiting Texas children and failing to prioritize minors’ online safety and privacy,” Paxton wrote on social media.

The Securing Children Online through Parental Empowerment (SCOPE) Act is at the center of Paxton’s allegations. “In contravention of the SCOPE Act, Defendants have failed, and continue to fail, to create and provide parents and guardians with the tools legally required to protect minors’ privacy and safety,” the lawsuit states.

An overview of the SCOPE Act can be found here, and the full text of the act can be found here.

The SCOPE Act, also known as House Bill 18, was passed during the 88th Legislative Session. The law aims to prevent digital service providers (DSPs) from entering into agreements with minors without parental or guardian consent. It also mandates that DSPs include options in these agreements for parents or guardians to permanently enable specific settings.

It goes on to allege that TikTok has “failed to develop a commercially reasonable method for a known minor’s parent or guardian to verify their identity and relationship to a known minor.”

Last month, the SCOPE Act went into effect, but only partially.

Judge Robert Pitman for the Western District Court of Texas in Austin determined that the “monitoring-and-filter requirements” of the SCOPE Act, which would require DSPs to monitor certain categories of content and filter them from being on display for known minors,” posed a threat to “content based” online speech.

In his opinion, Pittman questioned the “overbroad terminology” employed by the SCOPE Act.

“For example, what does it mean for content to ‘promote’ ‘grooming?’ The law is not clear.”

“Grooming” is listed alongside other explicit topics like suicide and substance abuse that the SCOPE Act would have required DSPs to monitor and filter out for minors.

Tech industry groups NetChoice and the Computer and Communications Industry Association filed the lawsuit to block the law, and the Foundation for Individual Rights and Expression (FIRE) sued Paxton in an effort to prevent the SCOPE Act from going into effect.

“Texas law requires social media companies to take steps to protect kids online and requires them to provide parents with tools to do the same,” wrote Paxton about his most recent lawsuit. “TikTok and other social media companies cannot ignore their duties under Texas law.”

The lawsuit, filed in a Galveston County District Court, is seeking civil penalties of up to $10,000 per violation and injunctive relief to prevent future violations of the SCOPE Act by TikTok.

TikTok has come under increased scrutiny in recent months.

President Joe Biden signed a bill into law that included a requirement for the Chinese corporation ByteDance to divest from the social media platform.

Last year, back when I wad employed, I had a cleaning lady come in to do my house before a small 4th of July gathering. She brought her daughter, who watched Tik-Tok videos while her mother cleaned. And by “watched,” I mean she would look at the first second or two of a video and then instantly scroll on to the next. I fear we’re raising generations with the attention span of a gnat.

We’ve previously covered that Tik-Tok is nasty Chinese spyware, but the issue of parental controls is not one easily solved, nor is the issue of balancing constitutional rights with the traditional doctrine of in loco parentis any less difficult. Indeed, there are multiple constitutional issues involved:

  • Just what “constitutional rights” does a corporation owned in part by the Chinese Communist Party enjoy? Corporate personhood is a legal fiction designed to allow corporate entities to enter into legal contracts an obtain standing as separate entities in the judicial system. The rights of foreign corporations to access American markets is usually defined by bilateral or multilateral treaties, yet we know Communist China ignores such treaties at will when it suits them. Why should Tik-Tok enjoy First Amendment protections when American corporations enjoy no such rights in China?
  • Can a state have the standing to regulate a company that doesn’t have any physical presence in that state? Can California sue Gunbroker for not banning AR pattern rifles entirely?
  • There seems to be a legal assumption that states have some standing in these matters, as Pornhub IP range-blocked Texas rather than test the constitutionality of parental control requirements in court.
  • It would be better if parents instituted their own controls and/or refrained from handing their spawn smartphones with mind-destroying Chinese spyware installed, but that doesn’t seem to be the world we live in.

    Needless to say, if you have Tik-Tok on your phone, you should delete that right now…

    Paxton Sues Biden Admin Over Gender Madness Yet Again

    Saturday, September 28th, 2024

    If you’ve been reading this blog any length of time, you know that Texas Attorney General Ken Paxton has been suing the Biden Administration for both dereliction of federal duties and regulatory overreach. The latter has included several lawsuits against the Biden Administration over their attempts to impose a radical transexual agenda via judicial fiat, and on this front Paxton has just filed another one, this time over the Americans With Disabilities Act.

    Texas and 16 other states sued the Biden administration, accusing it of attempting to unlawfully rewrite a federal disability law to include “gender dysphoria” in a newly approved rule.

    The lawsuit was filed on September 26 against the U.S. Department of Health and Human Services (HHS) under the charge that its rule “upends decades of established federal disability law” by redefining “gender dysphoria” as a disability under the Americans With Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.

    Section 504 of the Rehabilitation Act and the ADA were signed into law in 1977. Section 504 states, “No otherwise qualified individual with a disability in the United States … shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under … any program or activity conducted by any Executive agency…”

    According to the lawsuit, Section 504 “prohibits ‘any program or activity’ that receives federal financial assistance from discriminating against a qualified individual with a disability.”

    The ADA defines a disability as “a physical or mental impairment that constitutes or results in a substantial impediment to employment.”

    The HHS issued a rule in May titled “Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,” which included a change to Section 504 that states gender dysphoria “may be a disability.”

    It determined that any “restrictions that prevent, limit, or interfere with otherwise qualified individuals’ access to care due to their gender dysphoria, gender dysphoria diagnosis, or perception of gender dysphoria, may violate section 504.”

    However, Attorney General Ken Paxton’s lawsuit asserts that when Congress enacted Section 504 and the ADA in the 70s, “it established as a matter of law that ‘transvestism, transsexualism . . . [and] gender identity disorders not resulting from physical impairments, or other sexual behavior disorders,’ are not protected disabilities.”

    The lawsuit additionally seeks to have a 2002 amendment to Section 504, “Nondiscrimination Under Federal Grants and Programs,” declared unconstitutional, claiming it “applies with extreme breadth” to any “program or activity receiving Federal financial assistance,” meaning all recipients of Federal funds are subject to compliance to the Rehabilitation Act.

    The court documents allege that the HHS rule “exposes” the 17 states and their agencies to “loss of federal funding.”

    “The Biden Administration is once again abusing executive action to sidestep federal law and force unscientific, unfounded gender ideology onto the public,” Paxton said in a press release.

    Funny how a man pretending to be a woman is simultaneously both a powerful personal statement of individuality that requires large companies to demand people use officially sanctioned pronouns and a mental illness that requires the federal government to invoke the ADA to remove federal funds unless targeted political enemies bow down to radical transsexual social justice. The answer appears to change depending on whichever is most useful for radical leftwing Democrats to force ordinary Americans to bend to their will.

    Paxton has won several previous lawsuits on the issue, and I expect him to win this one as well.

    Another Texas Win Against Transsexual Mandates

    Tuesday, September 3rd, 2024

    Texas Attorney General has won yet another victory against the Biden Administration’s social justice regulatory overreach, this one against transsexual health care mandates.

    The State of Texas and Attorney General Ken Paxton have been granted a nationwide stay against the Biden administration’s new rule that would defund federally-funded healthcare providers found to be refusing patients “gender transition” procedures.

    The Biden administration announced a rule change last April under the Affordable Care Act (ACA), described as seeking to hold the U.S. Department of Health and Human Services’ (HHS) “health programs and activities to the same nondiscrimination standards as recipients of Federal financial assistance.”

    On August 30, U.S. District Judge Jeremy D. Kernodle ruled in favor of Texas and Montana, ordering that the modification of the Affordable Care Act at issue is precluded from implementation across the nation.

    “Here, federal agencies are attempting to impose a sweeping new social policy by manipulating and perverting the statutory text that constrains them,” Kernodle wrote in his opinion.

    “Nothing in these statutes authorizes HHS — or any federal official — to require healthcare providers to perform novel “gender-transition” procedures or force States to subsidize them.Texas and Montana seek a stay or preliminary injunction to prevent the irreparable harm that will undoubtedly follow. The Court grants the States’ request.”

    Snip.

    Texas and Montana sued HHS Secretary Xavier Becerra in June for allegedly requiring “healthcare providers and States to perform and pay for so-called ‘gender-transition’ procedures — or else lose federal funding.”

    The filing asserted that the new rule would “defund healthcare providers across the country who refuse to perform or pay for experimental, unproven, and potentially dangerous ‘gender transition’ procedures.”

    Montana and Texas were then both granted a statewide stay the following month, banning the application of the new HHS rule.

    The victorious states then requested a nationwide stay in order to extend the relief granted by the court against the HHS rule across the country.

    Paxton reacted to the stay, saying in a release, “When Biden and Harris sidestep the Constitution to force their unlawful, extremist agenda on the American public, we are fighting back and stopping them.”

    “By blocking this destructive policy, which would have forced taxpayer-funded hospitals to conduct unproven and dangerous ‘gender transition’ procedures, Texas has delivered a major victory for Americans across the country.”

    For anyone that thought the Democratic Party’s creepy love of child transsexism was a passing fade, the Biden Administration’s institutional determination to mandate child mutilation services into law should belay that naive hope. It also indicates that the evil ObamaCare has wrought on America’s health care is far from over. Fortunately, the vast majority of ordinary Americans have not fallen prey to this madness, and Paxton et al. have put a stop to this particular transsexual madness for now.

    Also, any appeal will be heard in the Fifth Circuit Court, which has previously frowned on the Biden Administration’s previous attempts to mandate transsexism by judicial fiat.

    Lawsuit Filed To End Austin Toy Train Tax

    Thursday, August 29th, 2024

    We had previously covered the various failures of Austin’s toy train Project Connect light rail project to achieve its stated goals. Now a lawsuit has been filed to put the light rail tax out of our misery.

    A new class action lawsuit filed in Travis County 126th District Court claims that the City of Austin is collecting annual property tax illegally to fund Project Connect since the project is not following through on delivering the public transit development that voters agreed to in 2020.

    As KVUE reported, voter-approved Project Connect has faced legal action in the past from taxpayers and is now facing another lawsuit brought by the same group of plaintiffs who want to prevent the city from continuing to collect millions of dollars in property taxes to fund the now reduced Project Connect plan.

    The plaintiff’s lead counsel, Bill Aleshire, said, “They’re pursuing what I call a ‘miniature’ Project Connect that’s not city wide.”

    Aleshire explained that Project Connect “started as a $7 billion plan that included 30 miles of rail, a route to the airport and downtown, now has a more than an $11 billion price tag and half the routes.”

    He also argued that the city “miscalculated” its 2024 tax rate and that the funds already collected are not being spent on the transit project.

    “Not including this year’s $187 million, Austin’s Project Connect tax levy has been for over $630 million. But there is $476 million on hand, unspent, uncommitted,” Aleshire said.

    Project Connect managers, the Austin Transit Partnership, described the lawsuit as “baseless” and stated the funds collected would be utilized in the future, according to KVUE.

    Lead plaintiff Cathy Cocco referred to the transit project as “an unaffordable, outdated, yesterday idea not suited for the 21st century city that needs to be efficient, agile, affordable, and more equitable for all Austin residents.”

    While Project Connect had the potential to benefit the Austin community, Cocco sees the plan as a “bait and switch scheme.”

    The group wants city leaders to stop the tax, revisit the project, and ask Austinites to vote on it again.

    Note that previous Project Connect lawsuits remain unresolved.

    At this point it’s obvious that Austin voters were sold a bill of goods. They’ve coughed up a lot of taxes and gotten an underutilized toy train that doesn’t meet the promises made in the bond language. The entire project should be scrapped and money returned to taxpayers. Of course, that would mean Austin’s ruling political establishment would have to admit they were wrong and give up control of a big bucket of money, so we know that’s not happening without a fight…

    Texas AG Paxton Sues Biden Administration Over Illegal Aliens Yet Again

    Monday, August 26th, 2024

    Another week, another lawsuit filed by Texas Attorney General Ken Paxton against the Biden Administration over breaking immigration law to benefit illegal aliens.

    Texas Attorney General Ken Paxton has sued the Biden administration over a policy he alleges would allow illegal immigrants to “Parole in Place” (PIP) and receive therwise unpermitted benefits.

    The lawsuit alleges that the Biden administration is violating the U.S. Constitution in a new agency rule, established on August 19. That rule establishes a process for “certain noncitizen spouses and noncitizen stepchildren of U.S. citizens” to get around federal prohibitions against certain immigration benefits being obtained until after leaving the country and returning in a legal manner, according to the Department of Homeland Security’s (DHS) press release.

    “These provisions of law established by Congress serve as powerful disincentives for individuals to cross the border unlawfully. Indeed, were they not present, there would be no practical reason for any alien to abide by the law, wait his or her turn, and only come to the United States when the law provides,” the filing argues.

    “DHS has announced the creation of a program that effectively provides a new pathway to a green card and eventual citizenship.”

    In the lawsuit, Paxton requested the court grant injunctive relief to ban the DHS from implementing the new PIP rule while the policy is on trial.

    “Under Joe Biden and Kamala Harris, the federal government is actively working to turn the United States into a nation without borders and a country without laws. I will not let this happen,” Paxton said in a press release.

    “Biden’s new parole workaround unilaterally grants the opportunity for citizenship to unvetted aliens whose first act on American soil was to break our laws.”

    The lawsuit is a coalition of sixteen states — Texas, Idaho, Alabama, Arkansas, Florida, Georgia, Iowa, Kansas, Louisiana, Missouri, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Wyoming — along with conservative legal organization America First Legal (AFL).

    It was filed against Homeland Security Secretary Alejandro Mayorkas, Citizenship and Immigration Services Director Ur Jaddou, Customs and Border Protection Acting Commissioner Troy Miller, Immigration and Customs Enforcement Acting Director Patrick J. Lechleiter, and Office of Management and Budget Director Shalanda Young.

    Stephen Miller, president of AFL, said, “Today, we are proud to represent a coalition of 16 states in filing a lawsuit to block an unconstitutional Biden-Harris amnesty program. This executive amnesty gives over one million illegals legal status, work permits, and a path to voting citizenship.”

    “It is brazenly unlawful, a deadly accelerant to the ruinous border invasion, and we will use every lawful tool to stop it.”

    Texas and its co-litigant states have racked up a pretty good record against the Biden Administration as of late, winning cases over border wall construction, the unilateral transexual rewrite of Title IX, and even vaccine mandates for the National Guard. Expect Paxton and his state coalition to win this case, too, but the real remedy for the Biden Administration’s willful defiance of border security laws will have to come from American citizens voting in November.

    Paxton Sues Biden Administration Over Transexual Madness Yet Again

    Sunday, August 18th, 2024

    Yesterday I covered the Supreme Court blocking the Biden Administrations unilateral rewrite of Title IX by executive fiat to impose transexism on colleges, but that’s not the only place Democrats are trying to impose their twisted gender ideology. Texas Attorney General Ken Paxton issuing the Biden Administration over their attempt to impose their gender ideology in Title VII.

    Texas Attorney General Ken Paxton is once again challenging the Biden administration, filing a lawsuit against the federal government in an effort to block enforcement guidance that the state argues unlawfully compels employers to adopt “transgender” mandates under the threat of discrimination or harassment lawsuits.

    Specifically, the lawsuit points to a change the Equal Employment Opportunity Commission (EEOC) made in April to the “enforcement guidance on harassment in the workplace” that now includes the definition of “gender identity” under the category of “sex.”

    Title VII of the Civil Rights Act of 1964 created the EEOC to enforce the prohibitions on employment discrimination.

    The EEOC guidelines explain how sex-based harassment includes harassment based on “sexual orientation or gender identity,” including misusing pronouns and “the denial of access to a bathroom… consistent with the individual’s gender identity.”

    Forcing pronouns on people and making the peasants acquiesce to allowing men in women’s restrooms seems like a huge goal for the Democratic Party, one they’re been relentlessly pushing for over the last decade.

    Paxton argues that the EEOC guidance “relies on an intentional misrepresentation of the Bostock v. Clayton County (2020) decision by the U.S. Supreme Court.” He adds that the decision “did not discuss how such employers must accommodate such employees in the workplace.”

    In Bostock v. Clayton County, the court ruled that firing someone for being “gay or transgender” is a form of sex discrimination, but Paxton argues that this does not extend to accommodations such as pronoun use, bathroom access, or dress codes.

    “Thus,” the lawsuit states, “EEOC may not interpret Title VII to require employers to comply with the Pronoun Accommodation, the Bathroom Accommodation, or the Dress Code Accommodation.”

    The lawsuit asks the court to declare the 2024 guidance unlawful, invalidate it, and permanently prevent its enforcement, as well as cover their legal costs and provide any additional relief deemed appropriate by the court.

    Paxton is joined by the conservative Heritage Foundation in this legal challenge.

    “The Biden-Harris Administration is attempting yet again to rewrite federal law through undemocratic and illegal agency action,” Paxton wrote in a statement.

    “This time, they are unlawfully weaponizing the Equal Employment Opportunity Commission in an attempt to force private businesses and States to implement ‘transgender’ mandates — and Texas is suing to stop them.”

    Pronouns and tranny bathrooms are popular with far leftwing activists, but deeply unpopular with ordinary American citizens. No voters outside of San Francisco (and possibly not even there) would vote for these policies, so the Democratic Party’s activist cadres must impose them by stealth via judicial and executive fiat. Just as with the Title IX cases, expect this radical activist regulation to wither under judicial scrutiny.

    LinkSwarm For August 9, 2024

    Friday, August 9th, 2024

    There’s too damn much going on in the world right now! Compiling the LinkSwarm used to be more like hunting and gathering, but the last few weeks have been like drinking from the firehose.

    The real unemployment rate is crushing ordinary Americans, another Trump assassin thwarted, Maricopa cues up illegal alien voter fraud again, Tim Walz’s own National Guard unit accuses him of stolen valor, Ukraine captures a chunk of Russia, Google is declared a monopoly, a global censorship organization immediately folds at the first sign of scrutiny, the leader of Bangladesh flees, and California fines a business for daring to fly Old Glory.

    It’s the Friday LinkSwarm!

  • Stephen Green is shocked at the real unemployment rate.

    There are lies, damned lies, and government statistics — and maybe none is more damnable than the official unemployment rate which is half the actual rate, according to Rasmussen. Worse, the number of Americans who are neither retired nor employed is more than four times higher than July’s official rate of 4.3%.

    I’ve been writing for months now in quick-hit Instapundit items that this country has been in a jobs recession since the COVID lockdowns and, thanks to Bidenomics, never recovered from. Well, the latest Rasmussen unemployment survey has the numbers.

    The report is paywalled, but I pay the subscription fee (and take the tax write-off) so you don’t have to if you ever wondered where some of your VIP membership dollars wind up.

    Rasmussen surveyed nearly 9,000 American adults and found that in July the percentage of Americans who are unemployed and looking for work — this is the number that the Bureau of Labor Statistics (BLS) should report each month — was 8.4%. The BLS reported a rosy 4.3% unemployment rate last month, up from June’s equally imaginary 4.1%.

    From there, things only get worse. Because under Bidenomics, of course, they do.

    One in four adult Americans is retired, which is nice for them. Fifteen percent say they’re entrepreneurs (that can be anything from driving an Uber to launching a Silicon Valley startup), and just under 30% are employed by a private company.

    Nearly one in 10 work for the government at one level or another. Those workers are supported entirely by tax dollars without producing any material wealth. Every government employee involved in regulation makes it harder for the rest of us to do so.

    If you’ve been keeping track of these numbers in your head, you might notice they don’t add up to anything close to 100%. About three percent of adults surveyed answered “not sure” about their employment situation, the kind of answer that I assume involves smoking weed. The remaining 9.7% said they were unemployed but not looking — i.e., “Not in Workforce.”

    That means the percentage of Americans who could be working and perhaps would really like to be working but either can’t find work or have given up finding work is 18.1%. That’s more than four times the official unemployment rate.

  • Another week, another assassination attempt against Donald Trump.

    An alleged Iranian agent plotted to hire hitmen to assassinate US government officials — including possibly former President Donald Trump, according to sources and a federal criminal complaint.

    Pakistani national Asif Merchant, 46, is accused of planning political assassinations in New York City in August or early September, and paid $5,000 in advances to men he believed to be contract killers, according to US Attorney for the Eastern District of New York Breon Peace.

    “The Iranian indicted in Eastern District today is 100% an agent of the Iranian government,” a law enforcement source told The Post.

    The plot was allegedly in retaliation to the 2020 Trump-ordered killing of prominent Iranian military leader Qassem Soleimani, US Attorney General Merrick Garland confirmed Tuesday.

    Trump has been a known target of previous Iranian-backed assassination plots, and the feds believe he may have been one of Merchant’s targets, law enforcement sources told The Post. But, the accused terrorist never divulged the name of who he planned to kill during his meetings with undercover agents — instead cryptically saying only that the target would have “a lot of security.”

  • Last week’s plea bargain deal to let 9/11 mastermind Khalid Sheikh Mohammed and accomplices Walid bin Attash and Mustafa al-Hawsawi avoid the death penalty broke a little late to include in the last LinkSwarm, but defense secretary Lloyd Austin has nixed the deal.
  • The Harris bubble is all magical thinking.

    Although the last few weeks have had their alarming aspects – chief among which was the attempted assassination of Donald Trump on July 13, the odds-on favorite candidate for president – they have also had their amusing moments.

    In the latter category, I place the sudden queen-for-a-day-like coronation of Kamala Harris.

    True, that coronation was in the nature of an anti-democratic semi-soft-coup (or anti-democratic “inversion of a coup”). Biden and his handlers, right up until the morning of July 21, were insisting that he was not dropping out, that he was “in it to win,” etc. But someone made him an offer he couldn’t refuse and out he went.

    Here’s the amusing bit. Until the moment Biden was chased out of the race, Kamala Harris functioned primarily as political life insurance. “You might not like me,” Biden communicated, “but if I go, you’re stuck with her.”

    Biden’s polls were in the toilet and, following his catastrophic debate with Donald Trump, were circling the drain, poised for oblivion. But Kamala’s polls were even worse. She was cordially disliked by—well, by everyone. Her staff, her colleagues, but above all, by voters. In the 2020 race, she got no delegates: none, zero, zip. She dropped out of the race for president but was then tapped to be VP only because this half Indian, half Jamaican woman was swarthy enough to pass as black and Biden had promised to select a black female as a running mate. Kamala truly is, as Biden himself acknowledged recently, a DEI vice president.

    And sure enough, Kamala was every bit the disaster people predicted she would be. As a matter of clinical interest, she proved that senility is not the only cause of supreme rhetorical incoherence. Some people, and she is one, come by it naturally. Her tenure as vice president is littered with examples, and she provided another doozy just a couple of days ago when she attempted to comment on the prisoner exchange with Russia.

    It’s painful, as are all the many video clips of Harris angrily denouncing people who say “Merry Christmas,” of her presiding as “border czar” over the disaster of our non-existent southern border, of her outlining how she wants to give Medicare, as well as the franchise, to all illegal immigrants, and how she wants to develop a national data base of gun owners so that she can confiscate firearms by force.

    Can such a person win the presidency? No.

    Then, how can we explain the sudden efflorescence of Harrismania? Democrats are wetting themselves with glee over their sudden fundraising windfalls ($200 million in a week, it is said) and sudden surge in the polls. New York magazine just beclowned itself with a cover showing Kamala sitting on top of the world with Barack Obama, Chuck Schumer, Nancy Pelosi, and even Joe Biden dancing and whooping it up below. “Welcome to Kamalot,” we read: “In a matter of days, the Democratic Party discovered its future was actually in the White House all along.”

    Was it? Again, the answer is no. It is a temporary sugar high caused partly by the feeling of liberation following the sudden release from Joe Biden, partly by the slobbering media jumping all over the reinvention of Kamala like dogs vibrating over a bitch in estrus. The feeling of intoxication may linger through the Democratic convention, but there are already signs that it is fading. I think James Piereson is correct. Kamala’s position now is akin to that of Michael Dukakis (remember him?) in 1988.

    Dukakis was way ahead of George Bush in the summer of 1988. Then it all unraveled.

  • The puppeteers have stopped pretending. “Obamaites Take Over Team Kamala.”

    Ho hum, nothing to see here, just another cycle in which Barack Obama runs for president. What is this, five in a row now?

    In this case, though, we may have to give Kamala Harris a pass. It’s not as if she developed a team of campaign experts on her own. Or that they’d stick around for long if she did (via Memeorandum):

    Presumptive Democratic presidential nominee Kamala Harris hired a battery of new senior advisers to her campaign this week, moving swiftly to replace lifetime loyalists of President Biden with Democratic campaign veterans, including multiple leaders of Barack Obama’s presidential bids, according to people briefed on the campaign shifts.

    David Plouffe, a top strategist on both of Obama’s presidential campaigns, joins Harris as senior adviser for strategy and the states focused on winning the electoral college. Stephanie Cutter, the deputy campaign manager for Obama’s reelection who has been working in recent months with Harris, is the new senior adviser for strategy messaging. Mitch Stewart, a grass-roots organizing strategist behind both Obama wins, will become the senior adviser for battleground states. David Binder, who led Obama’s public opinion research operation and previously worked for Harris, will expand his role on the Harris campaign to lead the opinion research operation.

    All of the new hires will report to campaign chair Jen O’Malley Dillon, another veteran of Obama’s two campaigns. She managed Biden’s 2020 campaign and built his 2024 operation from the White House before moving to Wilmington, Del., this year. Harris took control of Biden’s campaign as soon as Biden announced he would not seek reelection, an operation consisting of more than 1,300 employees and more than 130 offices. She asked O’Malley Dillon to remain in charge.

    O’Malley Dillon tried gaslighting this right off the bat, although the Washington Post doesn’t put it that way. “This team is a reflection of the vice president,” she declared, but the Post’s reporting makes it abundantly clear that it reflects Obama rather than Harris. Harris’ existing staffers will remain in place, but the reporting strongly suggests that they will be eclipsed by people who [checks notes] know how to get to Iowa in a primary cycle.

    On one hand, this is smart politics, especially given Harris’ record of abysmal performance on the campaign trail. Until now, Harris has only faced one significant competitive election against a Republican, the AG race in California, which she almost lost while other Democrats won statewide races by double digits. Thanks to California’s jungle-primary system, she won her Senate seat against a fellow Democrat in the general election. She then failed to get to a single primary contest in 2020 after entering that primary cycle as one of the favorites, melting down in two debate exchanges with Tulsi Gabbard and utterly failing to inspire Democrat primary voters.

    If anyone needs an Obama rescue, it’s Kamala.

    Still. During most of Biden’s presidency, Obama’s team largely drove policy, especially in foreign affairs, and Biden’s clear cognitive decline made it appear that someone pulled the strings behind the scene — and Obama was the most likely suspect. Then Biden got humiliated in a debate he demanded and suddenly Obama became even more of a public puppeteer in forcing Biden to withdraw. And now practically his entire political team has taken over Team Kamala even more than they had with Team Biden.

    And not to be too conspiratorial about it, but how did we find out about this? In the oh-so-traditional Friday afternoon news dump.

    (Hat tip: Director Blue.)

  • “Appeals Court Paves the Way for Illegals to Potentially Steal the Election in Arizona.”

    It seems like the Democrats’ rule of thumb is: if you can’t win, cheat.

    On Thursday, the 9th Circuit Court of Appeals reversed itself and will now allow Arizonans to register to vote in federal races without having to prove citizenship.

    “It’s another dizzying swerve in the legal battle over a 2022 law that aims ultimately to reverse a portion of the National Voter Registration Act and require all Arizona voters to show proof of citizenship to register to vote,” reports USA Today. “The order reopens a path for potential voters who just two weeks ago were barred from using the state voter registration form to sign up to vote unless they could produce proof of U.S. citizenship. It comes with two months left before the Oct. 7 registration deadline for the high-stakes presidential election.”

    The order means people can again use the state-issued voter registration form even if they don’t produce proof of citizenship. Instead, they attest under penalty of perjury that they are citizens, and are limited to voting in federal races only.

    In the first 10 days after the July 18 ruling that required the documentary proof, the Maricopa County Recorder’s Office said it had rejected 200 voter applications.

    On Thursday, the Arizona Secretary of State’s Office clarified the impact of the ruling.

    “Election officials may not reject voter registration applications submitted without DPOC, regardless of which form is used,” communications director Aaron Thacker said. DPOC is shorthand for documentary proof of citizenship.

    There is only one reason to allow Arizonans the ability to register to vote without proving citizenship: to let illegals vote. That’s why Joe Biden opened up the border, and that’s why the 9th Circuit Court of Appeals reversed itself.

    (Hat tip: Sarah Hoyt at Instapundit.)

  • Result? Lawsuit.

    America First Legal (AFL) has filed a lawsuit against Maricopa County, Arizona recorder Stephen Richer for failing to remove non-citizens from county voter rolls.

    On Monday the legal organization founded by former senior Trump adviser Stephen Miller sued Richer and Maricopa County on behalf of the Strong Communities Foundation of Arizona and a registered voter and naturalized citizen, for allegedly refusing to verify the citizenship of voters registered in the county, Just the News reports.

    On July 16, AFL sent letters to all 15 Arizona counties demanding that election officials follow state and federal law by ensuring that non-citizens were unable to vote, and warned of legal action if they didn’t by the following week.

    America First Legal (AFL) has filed a lawsuit against Maricopa County, Arizona recorder Stephen Richer for failing to remove non-citizens from county voter rolls.

    On Monday the legal organization founded by former senior Trump adviser Stephen Miller sued Richer and Maricopa County on behalf of the Strong Communities Foundation of Arizona and a registered voter and naturalized citizen, for allegedly refusing to verify the citizenship of voters registered in the county, Just the News reports.

    On July 16, AFL sent letters to all 15 Arizona counties demanding that election officials follow state and federal law by ensuring that non-citizens were unable to vote, and warned of legal action if they didn’t by the following week.

    Richer replied via his legal counsel, claiming that he’s following the law by verifying the citizenship of voters – however AFL says he’s lying, as voter rolls have had an increase in the number of registered voters without confirmed citizenship under his watch, and that databases have not been accessed which would verify voters’ citizenship.

  • CNN: “Do you think Kamala Harris is black?” Actual black people in a barbershop: “Nope.” CNN: “You black people have no idea what you’re talking about.”
  • Democrats go searching for Republican praise for Harris and end up committing self-parody. It’s like when National Parks created posters based on their worst Yelp reviews.
  • Michael Malice calls Harris “America’s Wine Mom”:

  • “Tim Walz’s first order as Minn governor was to create DEI council, make himself the chair.

    Tim Walz’s first executive order as the Democratic governor of Minnesota governor was establishing a diversity, equity and inclusion council for all of the state government’s actions and designated himself as the chair. On Tuesday, Waltz was selected to be Vice President Kamala Harris’ running mate in the 2024 presidential election.

    The Democratic Vice Presidential nominee told The Associated Press in 2019 that the “One Minnesota Council on Diversity, Inclusion, and Equity” would ensure the “lens of equity” for all state government businesses, including “recruiting; retaining and promoting state employees; state government contracting; and civic engagement.”

    “Walz told reporters Wednesday he’ll chair the council,” the AP said at the time, “patterned on a similar council formed by former Gov. Mark Dayton, but expand its scope to include geographic diversity and other considerations.” Walz said that the point of the council, per AP, was to “work to ensure that all Minnesotans have the opportunity to fully participate in the development of state policy. He says it will ensure that the ‘lens of equity’ is focused on everything the state does, whether it’s transportation projects or hiring.”

    He has spoken many times about the “privilege” he’s been given as a “white man.” “I understand the privilege I’ve been given as a white man,” he said during his leadership, saying that he was in office “not just to talk about the problem” of racial disparity “but the solve the problem.”

  • Walz’s Fellow Guardsmen Set the Record Straight on Veep Candidate’s Military Career: ‘He Bailed Out’.

    It was late in the spring of 2005 when Tom Behrends, a farmer in his mid 40s with three kids, got the call from his superiors: The Minnesota National Guard’s 1st Battalion, 125th Field Artillery was being sent to Iraq. Tim Walz, the unit’s command sergeant major, had just resigned to run for Congress. Behrends was in line to take his place.

    He’d need to talk with his family, Behrends told his bosses. He had a farm to run and his youngest child was still in elementary school. Because he wasn’t in the unit when it was activated, technically Behrends had to volunteer to go.

    But Behrends told National Review it was clear what he needed to do.

    “My first reaction was, I’m not going to let my soldiers down,” he said.

    Behrends ended up spending 17 difficult months in Iraq with the unit. Among the unit’s tasks was maintaining a key supply route, keeping it clear of explosives. Three of his soldiers were killed and dozens more were injured during the tour, he said.

    Although they were both first sergeants in the Minnesota Guard, Behrends said he didn’t really know much about Walz. They were in meetings together. “The only thing I knew about him is he talked too much, and he liked to hear himself talk,” Behrends said.

    When Democrats decide they need a veteran to help disguise their radical nature, they inevitable seem to pick a “blue falcon,” dating back at least as far as tapping John Kerry in 2004.

  • Stolen Valor: Tim Walz launched political career on false claim as combat veteran in the War on Terror.”

    The Tim Walz Stolen Valor story goes back to the very beginning of his political career. From the onset of his foray into national politics, Walz sold himself to the public and the media as a combat veteran of the Global War on Terror, masking the reality that he quit the military to run for office and avoid being deployed to Iraq.

    Thanks to some quality reporting, we know that the Minnesota governor — who yesterday officially joined the Kamala Harris campaign for President as its VP on the ticket — quit the military in 2005, after learning that his battalion was about to be sent to Iraq. Walz spent his entire career in the Army National Guard learning to lead people into battle, with training and his lone six month overseas deployment to Italy provided at U.S. taxpayer expense. He then retired when he learned he was going to be leading people into battle in Iraq, leaving Minnesota’s 125th Field Artillery Regiment high and dry for a career in politics.

    But that’s not what Tim Walz told the public when he decided to run for public office upon abruptly leaving the military.

    Just months after leaving his battalion to go to Iraq without him, he announced a run for Congress, and the dissembling about his service record began immediately.

    Instead of being honest about his early departure from the military, Walz told the media a much more heroic tale, one that was entirely fictitious.

    To this day there are Democrats who believe that Walz served in Iraq, when he never got closer than Italy.

  • More on the subject.
  • Boom:

    (Hat tip: Ann Althouse.)

  • “The Minnesota National Guard has disputed Governor Tim Walz’s military biography, saying that his claims of retiring at the rank of command sergeant major is untrue.”

    Minnesota National Guard spox Army Lieutenant Colonel Kristen Augé told Just the News that Walz, Kamala Harris’ vice presidential running mate, was demoted and did not retire as a command sergeant major as he has claimed for years – including on his official gubernatorial biography – as he failed to complete a 750-hour course in the Army’s Sergeants Major Academy, a mandatory course for E-9s, the Army’s highest enlisted rank.

    While Walz temporarily held the title of command sergeant major he “retired as a master sergeant in 2005 for benefit purposes because he did not complete additional coursework at the U.S. Army Sergeants Major Academy,” Army Lt. Col. Kristen Augé, the Minnesota National Guard’s State Public Affairs Officer, told Just the News.

    The statement reignited a controversy that began during his 2018 election for governor in which National Guardsman claimed on social media and in a paid ad that Walz declined to deploy to Iraq for combat duty in 2005 and forfeited his title of command sergeant major. Walz chose to run for Congress that year. -Just the News

    The governor’s biography, however, says that “Command Sergeant Major Walz” retired from the Minnesota National Guard in 2005. At the time he was serving as one of the highest ranking members of the 1-125th Field Artillery Battalion.

    How is it that stolen valor and career embellishment are so endemic among Democratic office holders? Is it status anxiety, or the arrogance of the entitled? “It’s OK to lie about my record, because I deserve this!”

  • Ukraine has launched a substantial invasion of Kursk oblast in Russia. Update.
  • Ukraine successfully attacks oil depot 2,000km inside Russia with a drone.
  • Massive drone strike hits Morozovsk Airbase and and oil depot, and the ammo cookoff was evidently epic.
  • Ukrainian drones also finished off Russia’s Rostov-on-Don submarine.
  • FBI raids NY home of ex-UN weapons inspector Scott Ritter.

    Ex-UN weapons inspector Scott Ritter’s home in upstate New York was raided by the FBI as part of a federal investigation, Wednesday, officials said.

    An FBI spokeswoman confirmed to The Post that agents conducted a raid on the Delmar home as part of a federal investigation. She declined to comment further, citing the ongoing probe.

    Ritter, a convicted sex offender, told reporters outside his Delmar home after the raid that the warrant focused on potential violations of the Foreign Agents Registration Act, the Times Union reported.

    He recently had his passport seized by the US Department of State as he tried to fly to Russia for a conference – a brouhaha he contended in the Russian propaganda site RT was a spiteful move against his pro-Russia stances.

    The raid came a day after Ritter, the former chief weapons inspector in Iraq, palled around with Robert F. Kennedy Jr., who was in an Albany courtroom for a hearing over whether the independent presidential candidate should be on New York’s November ballot, the Times Union reported.

    Ritter is indeed a Russian tool, but the timing from our increasingly politicized FBI does seem a tad suspicious…

  • Israel Attacks Airbase In Central Syria Known To House Russian Troops.” Do you get the feeling that the more Iran tries to goad Israel into a full-scale war, the less likely they are to enjoy the results?
  • Google has been declared a monopoly.

    Google has engaged in illegal activity by using its search-engine dominance to thwart competition, a federal judge ruled on Monday in a landmark decision that could have major implications for the way Americans consume information.

    The U.S. District Court for the District of Columbia ruled against Google this week, after the Department of Justice and a coalition of state attorneys general challenged the tech company’s market dominance in 2020. U.S. District Judge Amit Mehta said in the decision that Google is a “monopolist” that has “acted as one to maintain its monopoly.” Google paid $26.3 billion in 2021, for example, to promote its search engine as the default option on smartphones and browsers.

    “The default is extremely valuable real estate,” Mehta wrote. “Even if a new entrant were positioned from a quality standpoint to bid for the default when an agreement expires, such a firm could compete only if it were prepared to pay partners upwards of billions of dollars in revenue share and make them whole for any revenue shortfalls resulting from the change.”

    “Google, of course, recognizes that losing defaults would dramatically impact its bottom line. For instance, Google has projected that losing the Safari default would result in a significant drop in queries and billions of dollars in lost revenues,” he added.

  • Once again, Texas Attorney General Ken Paxton took a leading role in bringing the lawsuit. “The legal battle began in October 2020 when Paxton announced that Texas had sued Google for utilizing business strategies to squelch competition for search advertising and internet searches.”
  • In very much related news, the U.S. House moved forward in investigating the Global Alliance for Responsible Media (GARM).

    We have been discussing media rating systems being used to target advertisers and revenue sources for certain cites and companies. NewsGuard and the Global Alliance for Responsible Media (GARM) have been criticized as the most sophisticated components of a modern blacklisting system targeting conservative or dissenting voices. I recently had a series of exchanges with NewsGuard after a critical column. Now, the House Judiciary Committee under Chairman Rep. Jim Jordan (R-Ohio) is moving forward in demanding documents and records from leading companies utilizing the GARM system, a company that I have previously criticized. It is a welcomed effort for anyone who is concerned over the use of these blacklisting systems to curtail free speech. However, time is of the essence.

    The demand to preserve evidence went to various companies, including Adidas, American Express, Bayer, BP, Carhartt, Chanel, CVS and General Motors.

    In my new book, I discuss the rating systems as a new and insidious form of blacklisting.

    It is an effort to strangle the financial life out of sites by targeting their donors and advertisers. This is where the left has excelled beyond anything that has come before in speech crackdowns.

    Years ago, I wrote about the Biden administration supporting efforts like the Global Disinformation Index (GDI) to discourage advertisers from supporting certain sites. All of the 10 riskiest sites targeted by the index were popular with conservatives, libertarians and independents. That included Reason.org and a group of libertarian and conservative law professors who simply write about cases and legal controversies. GDI warned advertisers against “financially supporting disinformation online.” At the same time, HuffPost, a far-left media outlet, was included among the 10 sites at lowest risk of spreading disinformation.

    Once GDI’s work and bias was disclosed, government officials quickly disavowed the funding. It was a familiar pattern. Within a few years, we found that the work had been shifted instead to groups like the GARM, which is the same thing on steroids. It is the creation of a powerful and largely unknown group called the World Federation of Advertisers (WFA), which has huge sway over the advertising industry and was quickly used by liberal activists to silence opposing views and sites by cutting off their revenue streams.

    Notably, Rob Rakowitz, head of GARM, pushed GDI and embraced its work. In an email to GARM members obtained by the committee last month, Rakowitz wrote that he wanted to “ensure you’re working with an inclusion and exclusion list that is informed by trusted partners such as NewsGuard and GDI — both partners to GARM and many of our members.”

    GARM is being used by WFA to achieve what GDI failed to accomplish. The WFA sites refers to Rakowitz as “a career change agent” who will “remove harmful content from ad-supported digital media.”

    Rakowitz’s views on free speech are chilling and his work shows how these systems can be used to conceal bias in targeting the revenue of sites with opposing views.

    Rakowitz has denounced the “extreme global interpretation of the US Constitution” and how civil libertarians cite “‘principles for governance’ and applying them as literal law from 230 years ago (made by white men exclusively).”

    He appears to be referring to free speech.

  • Know who else isn’t wild about GARM? Elon Musk, who’s suing them for coordinated boycott of Twitter/X.

    Elon Musk’s X sued a coalition of advertisers leading a boycott against the social platform, accusing the group of conspiring to “collectively withhold billions of dollars in advertising revenue.”

    The suit takes aim at the World Federation of Advertisers and its initiative called the Global Alliance for Responsible Media (GARM), which led a boycott against the platform formerly known as Twitter after it was acquired by Musk in 2022.

    “The boycott and its effects continue to this day, despite X applying brand safety standards comparable to those of its competitors and which meet or exceed those specified by GARM,” reads the lawsuit, which was filed Tuesday in Texas federal court.

    X accused the coalition and several specific advertisers, namely Unilever, Mars and CVS, of violating antitrust law and circumventing the competitive process with their boycott.

    “The brand safety standards set by GARM should succeed or fail in the marketplace on their own merits and not through the coercive exercise of market power by advertisers acting collectively to promote their own economic interests through commercial restraints at the expense of social media platforms and their users,” the platform argued.

    Since Musk’s takeover of the platform, X has struggled to retain advertisers, which were wary of the tech billionaire’s early decisions to roll back content moderation policies and reinstate previously banned users, like former President Trump.

  • So what was GARM’s response to the lawsuit and increased scrutiny? It shut down immediately.

    An advertising industry initiative targeted by an Elon Musk lawsuit is “discontinuing” its activities and has deleted the member list from its website.

    On Tuesday, Musk’s X Corp. sued the World Federation of Advertisers (WFA) over what X claims is an illegal boycott spearheaded by a WFA initiative called the Global Alliance for Responsible Media (GARM). The WFA isn’t disbanding but is halting GARM’s activities, and the GARM member page now produces a 404 error. An archived version of the page from yesterday shows the initiative members, including X.

    X’s antitrust lawsuit has drawn skeptical responses from law professors, who say it will be difficult to prove that companies violated antitrust laws by stopping advertisements. But while X may never obtain financial damages from the advertising group or corporations like CVS and Unilever that it also named as defendants, fighting the lawsuit could be costly.

    Business Insider reported on the GARM shutdown today:

    The advertising trade group The World Federation of Advertisers told its members on Thursday that it was “discontinuing” activities for its Global Alliance for Responsible Media initiative following an antitrust lawsuit filed by Elon Musk’s X against the company earlier this week.

    Stephan Loerke, the CEO of the WFA, wrote in an email to members, seen by Business Insider, that the decision was “not made lightly” but that GARM is a not-for-profit organization with limited resources. Loerke said that the WFA and GARM intended to contest the allegations in X’s suit in court and were confident the outcome of the case would “demonstrate our full adherence to competition rules in all our activities.”

    If that’s not an open admission of guilt, it will do until one comes along. In the meantime, expect this censorship hydra to put up again under another same.

  • What has all that investment in “green” energy gotten California? “Since January 2014, residential average rates for the PG&E service area have jumped by 110%, those of SCE have surged by 90%, and SDG&E rates have soared by 82%….A total of 18.4% of the customers of the three investor-owned utilities are in arrears in their energy bills.”
  • “Bangladesh Leader Flees Country In Helicopter As Protesters Storm Parliament.” “Bangladesh’s long-serving Prime Minister, Sheikh Hasina, resigned and fled the country on Monday, after protesters defied a military curfew and stormed her official residence. Hasina, who had been in power for 15 years, fled the capital Dhaka along with her sister by a helicopter to India, the daily newspaper Prothom Alo reported, after weeks of violent crack downs on protesters left nearly 300 people dead.”
  • “Nobel Peace laureate Muhammad Yunus took charge of Bangladesh’s caretaker government on Thursday, hoping to help heal the country that was convulsed by weeks of violence, forcing Prime Minister Sheikh Hasina to quit and flee to neighbouring India. Known as the ‘banker to the poor’, Yunus is the pioneer of the global microcredit movement. The Grameen Bank he founded won the 2006 Nobel Peace Prize for helping lift millions from poverty by providing tiny loans to the rural poor who are too impoverished to gain attention from traditional banks.” I’d be more enthused about Yunus if their bank hadn’t been a contributor to the Clinton Global Initiative.
  • “The Israeli army killed Abdel-Zarii, the economy minister of Hamas in Gaza.” Good.
  • The U.S. is sending F-22s to the Middle East, just in case Iran gets spicy.
  • Two Chinese Nationals In U.S. Illegally Stopped With $250,000 In Gold Bars On Them In Texas.”

    Just a normal everyday traffic stop: pulling over a couple of Chinese nationals, driving through Texas, with $250,000 worth of gold bars on their person.

    That was the scene last week in Van Zandt County, according to KETK NBC.

    Sgt. Charlie Hughes of the Wills Point Police Department was monitoring traffic on I-20 near the 533-mile marker when he saw a White Chevy Malibu with Michigan plates committing a traffic violation.

    He then stopped the vehicle and identified the driver as 25-year-old Weijian Chen.

    KETK writes that due to a language barrier, Hughes asked Chen to use a translator app in his patrol vehicle to communicate.

    The officer said that during the interview he “observed multiple factors that lead [him] to believe there was criminal activity afoot.”

    The driver said that he was heading to Dallas and had also been in Florida to “play”.

    The vehicle was rented under the name of the passenger, 46-year-old Wenqiang Lin, who consented to a search but appeared uncertain. A K9 unit alerted to the front passenger door.

    Inside, officials found a Spirit Airlines boarding pass indicating that Weijian Chen had flown from Los Angeles to Atlanta on July 30-31 without any bags. The rental agreement showed the car was rented in College Park, Georgia, on July 31 and was due in Los Angeles by August 3, the report continued.

    A bag behind the driver’s seat contained gold bullion bars worth an estimated $200,000 to $250,000, including:

    • Seven 1-ounce 999.9 gold bars
    • Three 5-gram 999.9 gold bars
    • One 1-gram 999.9 gold bar marked with 20 squares
    • Eight 10-ounce 999.9 gold bars

    After arresting Chen and Lin, Sgt. Hughes contacted U.S. Homeland Security, which revealed both men had entered the country illegally. Lin entered on September 15, 2023, and was awaiting immigration processing in Los Angeles. Chen entered on December 17, 2023, and is also pending immigration judicial action.

  • “Austin ISD Chief Financial Officer Arrested on Insurance Fraud Charges. Austin Independent School District (ISD) Chief Financial Officer (CFO) Eduardo Ramos has been placed on paid leave following his arrest on charges of insurance fraud unrelated to district activities.” Maybe. But I’d still say a forensic audit is in order…
  • New York’s Supreme Court says that New York City has to suck it up and take in more illegal aliens.

    The New York State Supreme Court has denied New York City Mayor Eric Adams’s request for a preliminary injunction against busing illegal immigrants from Texas to the city.

    Adams, who faces challenges from New York City Comptroller Brad Lander and others in his reelection bid next year, filed a lawsuit against 17 charter bus companies in January.

    His goal was to stop the companies from busing migrants, many of them undocumented, from communities in Texas to New York. The mayor cited Social Services Law 149, which stipulates that any person “who knowingly brings, or causes to be brought, a needy person from out of state into this state for the purpose of making him a public charge” has an obligation “to convey such person out of state or support him at his own expense.”

    But in her nine-page July 29 ruling, Judge Mary V. Rosado found that the lawsuit was “unconstitutional.”

    Maybe if NYC hadn’t gone out of its way to declare itself a “sanctuary city” I might feel a tiny more smidge of sympathy. Who am I kidding, no I wouldn’t. This is all on Adams’ Democratic Party. Choke on it.

  • Ken Paxton says that ActBlue swears they’ll stop breaking the law.

    Texas Attorney General Ken Paxton has provided an update to an investigation related to allegations that the Democratic fundraising operation ActBlue is involved in illicit activities.

    “ActBlue has cooperated with our ongoing investigation. They have changed their requirements to now include ‘CVV’ codes for donations on their platform,” Paxton said in the press release.

    “This is a critical change that can help prevent fraudulent donations.”

    Paxton added that “suspicious activity on fundraising platforms must be fully investigated to determine if any laws have been broken.”

    This alleged “suspicious activity” by ActBlue in Texas has been an ongoing point of contention.

    Current Revolt first reported on the investigation into ActBlue and the allegedly illegitimate donations last week.

    Journalist James O’Keefe recently produced a series of videos where he purported to show alleged money laundering by ActBlue in Texas.

    According to O’Keefe, some individuals in Texas are being reported by ActBlue to have made thousands of individual donations, but said individuals deny them when asked if they made those contributions.

    O’Keefe received a statement from the Montgomery County Sheriff’s Office regarding some of these incidents.

    “It appears that both donors made voluntary contributions through ActBlue. One donor was reimbursed after contesting some of the charges, while the other cannot recall whether all or only some of the donations were authorized,” the sheriff’s office told O’Keefe.

    I suspect ActBlue will drop any reforms just as soon as they need to launder more money.

  • “Federal Court Orders California College To Drop Censorship Policy. A federal judge ordered a California community college on Aug. 2 not to enforce a poster policy that was used against three students whose anti-communist posters were taken down. U.S. District Judge Jennifer Thurston found that the poster policy of Fresno-based Clovis Community College violated the students’ First Amendment and 14th Amendment rights.”
  • Warner Brothers Discovery took $9.1 billion write-down on it’s network TV assets. As many have observed, this means that not only is CNN worthless from the standpoints of truth, philosophy and morals, but that it’s quite literally worthless as an economic asset as well. It may actually be worth less than your grandmother’s closet full of Beanie Babies…
  • Actually, it could be worth considerably less than nothing. “CNN Could Be Forced to Pay Upwards of $1 Billion from Defamation Suit from Tapper Show.”

    The case may not be as well known (yet), but CNN could be facing a defamation liability rivaling or exceeding the $787 million Fox News paid out to Dominion Voting Systems. NewsBusters recently reported on Florida’s First District Court of Appeals affirming that plaintiff Zachary Young could seek punitive damages, in addition to economic and emotional damages, from the Cable News Network in a civil trial after they allegedly defamed him regarding his work in getting people out of Afghanistan. The total could near or exceed $1 billion.

    For that outcome to be remotely in the cards, Young needed to prove malice and according to the ruling, he’s done exactly that. “Young sufficiently proffered evidence of actual malice, express malice, and a level of conduct outrageous enough to open the door for him to seek punitive damages,” Judge L. Clayton Roberts wrote in the court’s ruling.

    The court felt the high bars for actual and expressed malice were met because of internal CNN messages that were extremely vicious toward Young. Correspondent Alex Marquardt, the “primary reporter” expressed in a message to a colleague that he wanted to “nail this Zachary Young mfucker” and thought the story would be Young’s “funeral.” On that declaration of wanting to “nail” Young, CNN editor Matthew Philips responded: “gonna hold you to that cowboy!”

    Alongside Marquardt, CNN senior editor Fuzz Hogan, who’s a member of CNN’s internally lauded “Triad” of editorial, legal, and standards/practices oversight personnel, described Young as “a shit.”

    In an interview with NewsBusters, Vel Freedman, the lawyer representing Young, said that “everyone makes mistakes” but what CNN’s messages showed was a “systemic problem” inside the network. He added that their internal mechanism for accountability had “clearly failed” and opened themselves to “massive, massive liability.”

    Freedman told NewsBusters that his client had lost between $40-60 million in economic opportunity over the course of his now-damaged career as a security contractor since people in the field no longer wanted to work with him. If a jury awarded his client for emotional damages, the upper end could be as high as $600 million. The court recognizing the malice and outrageous conduct by CNN, effectively removed the cap on punitive damages in the State of Florida.

    All of that meant CNN could be facing upwards of $1 billion in total damages.

  • Dell lays off 12,500 employees. The Biden Recession is bad for everyone, but especially tech workers.
  • “65% of Texans support the adoption of legislation that would provide school vouchers to all parents in Texas, with 33% strongly supporting this legislation. 69% of Texans support the adoption of legislation that would create Educational Savings Accounts (ESAs) for all parents in Texas, with 30% strongly supporting this legislation.” (Hat tip: TPPF.)
  • Bisexual woman dates other women and comes to realize what guys already know: Women are jerks.
  • Northern California business fined for flying the American flag.
  • “Six Christians arrested in Paris for driving around in bus marked ‘Stop attacks on Christians.'” Note: Not the Bee.
  • “Drunken Kamala Mistakenly Picks Wrong Shapiro For VP.”
  • “Democrats Worried Choosing Jewish Vice President May Cost Them The All-Important ‘Death To America‘ Vote.”
  • “Josh Shapiro Annoyed He Got This ‘Death To Israel’ Neck Tattoo For Nothing.”
  • “Tim Walz Vows To Make America As Great As Minneapolis.” “As the governor who presided over the looting and burning of Minneapolis during the summer of 2020, I have full confidence that I will be able to apply my experience stirring up race riots on the national scale as well as I have in my home state.”
  • “Woman Who Lost To Male Boxer Says Everything’s Fine, She Just Fell Down Some Stairs.”
  • “Taylor Swift Jet Launches Retaliatory Strike On ISIS Stronghold.”
  • Good dog!
  • Speaking of which:

  • I think these LinkSwarms have gotten too long. Since I’m I’m still between jobs, I have more time to waste on read the Internet. “Oh, there’s a link I should include!” Wash, rinse, repeat. I’m either going to have to start cutting these down in size or start doing multiple LinkSwarms a week.

    Hit the tip jar if you’re so inclined.





    Paxton Wrings $1.4 Billion Settlement From Facebook

    Wednesday, July 31st, 2024

    Did you know that Facebook was extracting biometric data from your images? That be because they never asked your permission. Which is why Texas Attorney General Ken Paxton just extracted a $1.4 billion settlement from them.

    Texas Attorney General Ken Paxton announced the largest settlement ever obtained by a single state after he alleged that Meta, the parent company of Facebook, collected Texans’ biometric identifiers without their consent.

    The $1.4 billion settlement announced Tuesday stemmed from the first lawsuit ever brought under the Texas Capture or Use of Biometric Identifier Act, which prohibits the capturing of an individual’s biometric identification such as retina, fingerprints, or hand geometry for a commercial purpose unless the the individual is informed and provides consent prior to capture.

    “After vigorously pursuing justice for our citizens whose privacy rights were violated by Meta’s use of facial recognition software, I’m proud to announce that we have reached the largest settlement ever obtained from an action brought by a single State,” said Paxton.

    “This historic settlement demonstrates our commitment to standing up to the world’s biggest technology companies and holding them accountable for breaking the law and violating Texans’ privacy rights. Any abuse of Texans’ sensitive data will be met with the full force of the law.”

    In a statement to The Texan, Meta said, “We are pleased to resolve this matter, and look forward to exploring future opportunities to deepen our business investments in Texas, including potentially developing data centers.”

    The Meta spokesperson also noted that there is no admission of wrongdoing in the settlement agreement.

    Paxton sued Meta in 2022 alleging that “Facebook engaged in false, misleading, and deceptive acts and practices in violation of the Texas Deceptive Trade Practices-Consumer Protection Act.”

    Moreover, the lawsuit explains that Facebook has “built an Artificial Intelligence empire on the backs of Texans by deceiving them while capturing their most intimate data, thereby putting their well-being, safety, and security at risk.”

    In 2011, Facebook introduced “Tag Suggestions,” a facial recognition feature that automatically tagged people in uploaded photos without informing Texans how it worked. The “tag” feature captured “the facial geometry of the people depicted” and led to Paxton alleging this action violated Texas law, thus leading to the state suing Meta for capturing facial data without consent and the $1.4 billion settlement.

    Illegally stealing information to train AI seems to be a habit with Meta, which is why they’re being sued for using pirated books to train their AI.

    $1.4 billion is a lot of cheddar, even to Meta. But will it change their ways about feeding every possible scrap of information to train an AI engine deep in the bowels of some giant data center? Probably not. Just about every software tech giant has decided that AI is The Next Big Thing, and seem to be pouring more money and resources into it rather than their ostensible “core” businesses.

    Of course, Facebook’s core business is selling your data to other companies, so nothing new there. And AI is probably less of a money-losing boondoggle than their crappy Metaverse VR project, which they’ve lost (at least) $21 billion on despite nobody using the damn thing.

    Knowing Facebook, this time next year we’ll probably be complaining about some completely different nefarious, illegal activity they’ll be undertaking…