#SOUTHERN DISTRICT OF NEW YORK

[trendynewsnow]

Remembering Judge John F. Keenan: A Legacy of Justice in Manhattan

Remembering John F. Keenan: A Distinguished Federal Judge John F. Keenan, a respected federal judge in Manhattan, passed away on Sunday at the age of 94 at his residence in the Bronx. His death was confirmed by Edward Friedland, the district executive of the United States District Court for the Southern District of New York. Judge Keenan, known for his no-nonsense demeanor and sharp legal acumen,…

[nationallawreview]

Relying on Noncompete Clauses May Not Be the Best Defense of Proprietary Data When Employees Depart

Much of the value of many companies often is wrapped up with and measured by their intellectual property (IP) portfolios. Some forms of IP, such as patents, are known by the public. Others derive their value from being hidden from the public. Many companies, for example, have gigabytes of data or “know-how” that may be worth millions, but only to the extent that they remain secret. This article…

[mostlysignssomeportents]

The Google antitrust remedy should extinguish surveillance, not democratize it

I'm coming to DEFCON! On FRIDAY (Aug 9), I'm emceeing the EFF POKER TOURNAMENT (noon at the Horseshoe Poker Room), and appearing on the BRICKED AND ABANDONED panel (5PM, LVCC - L1 - HW1–11–01). On SATURDAY (Aug 10), I'm giving a keynote called "DISENSHITTIFY OR DIE! How hackers can seize the means of computation and build a new, good internet that is hardened against our asshole bosses' insatiable horniness for enshittification" (noon, LVCC - L1 - HW1–11–01).

If you are even slightly plugged into the doings and goings on in this tired old world of ours, then you have heard that Google has lost its antitrust case against the DOJ Antitrust Division, and is now an official, no-foolin', convicted monopolist.

This is huge. Epochal. The DOJ, under the leadership of the fire-breathing trustbuster Jonathan Kanter, has done something that was inconceivable four years ago when he was appointed. On Kanter's first day on the job as head of the Antitrust Division, he addressed his gathered prosecutors and asked them to raise their hands if they'd never lost a case.

It was a canny trap. As the proud, victorious DOJ lawyers thrust their arms into the air, Kanter quoted James Comey, who did the same thing on his first day on the job as DA for the Southern District of New York: "You people are the chickenshit club." A federal prosecutor who never loses a case is a prosecutor who only goes after easy targets, and leave the worst offenders (who can mount a serious defense) unscathed.

Under Kanter, the Antitrust Division has been anything but a Chickenshit Club. They've gone after the biggest game, the hardest targets, and with Google, they bagged the hardest target of all.

Again: this is huge:

https://www.thebignewsletter.com/p/boom-judge-rules-google-is-a-monopolist

But also: this is just the start.

Now that Google is convicted, the court needs to decide what to do about it. Courts have lots of leeway when it comes to addressing a finding of lawbreaking. They can impose "conduct remedies" ("don't do that anymore"). These are generally considered weaksauce, because they're hard to administer. When you tell a company like Google to stop doing something, you need to expend a lot of energy to make sure they're following orders. Conduct remedies are as much a punishment for the government (which has to spend millions closely observing the company to ensure compliance) as they are for the firms involved.

But the court could also order Google to stop doing certain things. For example, since the ruling finds that Google illegally maintained its monopoly by paying other entities – Apple, Mozilla, Samsung, AT&T, etc – to be the default search, the court could order them to stop doing that. At the very least, that's a lot easier to monitor.

The big guns, though are the structural remedies. The court could order Google to sell off parts of its business, like its ad-tech stack, through which it represents both buyers and sellers in a marketplace it owns, and with whom it competes as a buyer and a seller. There's already proposed, bipartisan legislation to do this (how bipartisan? Its two main co-sponsors are Ted Cruz and Elizabeth Warren!):

https://pluralistic.net/2023/05/25/structural-separation/#america-act

All of these things, and more, are on the table:

https://www.wired.com/story/google-search-monopoly-judge-amit-mehta-options/

We'll get a better sense of what the judge is likely to order in the fall, but the case could drag out for quite some time, as Google appeals the verdict, then tries for the Supreme Court, then appeals the remedy, and so on and so on. Dragging things out in the hopes of running out the clock is a time-honored tradition in tech antitrust. IBM dragged out its antitrust appeals for 12 years, from 1970 to 1982 (they called it "Antitrust's Vietnam"). This is an expensive gambit: IBM outspent the entire DOJ Antitrust Division for 12 consecutive years, hiring more lawyers to fight the DOJ than the DOJ employed to run all of its antitrust enforcement, nationwide. But it worked. IBM hung in there until Reagan got elected and ordered his AG to drop the case.

This is the same trick Microsoft pulled in the nineties. The case went to trial in 1998, and Microsoft lost in 1999. They appealed, and dragged out the proceedings until GW Bush stole the presidency in 2000 and dropped the case in 2001.

I am 100% certain that there are lawyers at Google thinking about this: "OK, say we put a few hundred million behind Trump-affiliated PACs, wait until he's president, have a little meeting with Attorney General Andrew Tate, and convince him to drop the case. Worked for IBM, worked for Microsoft, it'll work for us. And it'll be a bargain."

That's one way things could go wrong, but it's hardly the only way. In his ruling, Judge Mehta rejected the DOJ's argument that in illegally creating and maintaining its monopoly, Google harmed its users' privacy by foreclosing on the possibility of a rival that didn't rely on commercial surveillance.

The judge repeats some of the most cherished and absurd canards of the marketing industry, like the idea that people actually like advertisements, provided that they're relevant, so spying on people is actually doing them a favor by making it easier to target the right ads to them.

First of all, this is just obvious self-serving rubbish that the advertising industry has been repeating since the days when it was waging a massive campaign against the TV remote on the grounds that people would "steal" TV by changing the channel when the ads came on. If "relevant" advertising was so great, then no one would reach for the remote – or better still, they'd change the channel when the show came back on, looking for more ads. People don't like advertising. And they hate "relevant" advertising that targets their private behaviors and views. They find it creepy.

Remember when Apple offered users a one-click opt-out from Facebook spying, the most sophisticated commercial surveillance system in human history, whose entire purpose was to deliver "relevant" advertising? More than 96% of Apple's customers opted out of surveillance. Even the most Hayek-pilled economist has to admit that this is a a hell of a "revealed preference." People don't want "relevant" advertising. Period.

The judge's credulous repetition of this obvious nonsense is doubly disturbing in light of the nature of the monopoly charge against Google – that the company had monopolized the advertising market.

Don't get me wrong: Google has monopolized the advertising market. They operate a "full stack" ad-tech shop. By controlling the tools that sellers and buyers use, and the marketplace where they use them, Google steals billions from advertisers and publishers. And that's before you factor in Jedi Blue, the illegal collusive arrangement the company has with Facebook, by which they carved up the market to increase their profits, gouge advertisers, starve publishers, and keep out smaller rivals:

https://en.wikipedia.org/wiki/Jedi_Blue

One effect of Google's monopoly power is a global privacy crisis. In regions with strong privacy laws (like the EU), Google uses flags of convenience (looking at you, Ireland) to break the law with impunity:

https://pluralistic.net/2023/05/15/finnegans-snooze/#dirty-old-town

In the rest of the world, Google works with other members of the surveillance cartel to prevent the passage of privacy laws. That's why the USA hasn't had a new federal privacy law since 1988, when Congress acted to ban video-store clerks from telling newspaper reporters about the VHS cassettes you took home:

https://en.wikipedia.org/wiki/Video_Privacy_Protection_Act

The lack of privacy law and privacy enforcement means that Google can inflict untold privacy harms on billions of people around the world. Everything we do, everywhere we go online and offline, every relationship we have, everything we buy and say and do – it's all collected and stored and mined and used against us. The immediate harm here is the haunting sense that you are always under observation, a violation of your fundamental human rights that prevents you from ever being your authentic self:

https://www.theguardian.com/technology/blog/2013/jun/14/nsa-prism

The harms of surveillance aren't merely spiritual and psychological – they're material and immediate. The commercial surveillance industry provides the raw feedstock for a parade of horribles, from stalkers and bounty hunters turning up on their targets' front doors to cops rounding up demonstrators with location data from their phones to identity thieves tricking their marks by using leaked or purchased private information as convincers:

https://pluralistic.net/2023/12/06/privacy-first/#but-not-just-privacy

The problem with Google's monopolization of the surveillance business model is that they're spying on us. But for a certain kind of competition wonk, the problem is that Google is monopolizing the violation of our human rights, and we need to use competition law to "democratize" commercial surveillance.

This is deeply perverse, but it represents a central split in competition theory. Some trustbusters fetishize competition for its own sake, on the theory that it makes companies better and more efficient. But there are some things we don't want companies to be better at, like violating our human rights. We want to ban human rights violations, not improve them.

For other trustbusters – like me – the point of competition enforcement isn't merely to make companies offer better products, it's to make companies small enough to hold account through the enforcement of democratic laws. I want to break – and break up – Google because I want to end its ability to bigfoot privacy law so that we can finally root out the cancer of commercial surveillance. I don't want to make Google smaller so that other surveillance companies can get in on the game.

There is a real danger that this could emerge from this decision, and that's a danger we need to guard against. Last month, Google shocked the technical world by announcing that it would not follow through on its years-long promise to kill third-party cookies, one of the most pernicious and dangerous tools of commercial surveillance. The reason for this volte-face appears to be concern that the EU would view killing third-party cookies as anticompetitive, since Google intended to maintain commercial surveillance using its Orwellian "Privacy Sandbox" technology in Chrome, with the effect that everyone except Google would find it harder to spy on us as we used the internet:

https://www.thebignewsletter.com/p/googles-trail-of-crumbs

It's true! This is anticompetitive. But the answer isn't to preserve the universal power of tech companies large and small to violate our human rights – it's to ban everyone, especially Google, from spying on us!

This current in competition law is still on the fringe, but the Google case – which finds the company illegally dominating surveillance advertising, but rejects the idea that surveillance is itself a harm – offers an opportunity for this bad idea to go from the fringe to the center.

If that happens, look out.

Take "attribution," an obscure bit of ad-tech jargon disguising a jaw-droppingly terrible practice. "Attribution" is when an ad-tech company shows you an ad, and then follows you everywhere you go, monitoring everything you do, to determine whether the ad convinced you to buy something. I mean that literally: they're combining location data generated by your phone and captured by Bluetooth and wifi receivers with data from your credit card to follow you everywhere and log everything, so that they can prove to a merchant that you bought something.

This is unspeakably grotesque. It should be illegal. In many parts of the world, it is illegal, but it is so lucrative that monopolists like Google can buy off the enforcers and get away with it. What's more, only the very largest corporations have the resources to surveil you so closely and invasively that they can perform this "service."

But again, some competition wonks look at this situation and say, "Well, that's not right, we need to make sure that everyone can do attribution." This was a (completely mad) premise in the (otherwise very good) 2020 Competition and Markets Authority market-study on "Online platforms and digital advertising":

https://assets.publishing.service.gov.uk/media/5fa557668fa8f5788db46efc/Final_report_Digital_ALT_TEXT.pdf

This (again, otherwise sensible) document veers completely off the rails whenever the subject of attribution comes up. At one point, the authors propose that the law should allow corporations to spy on people who opt out of commercial surveillance, provided that this spying is undertaken for the sole purpose of attribution.

But it gets even worse: by the end of the document, the authors propose a "user ID intervention" to give every Briton a permanent, government-issued advertising identifier to make it easier for smaller companies to do attribution.

Look, I understand why advertisers like attribution and are willing to preferentially take their business to companies that can perform it. But the fact that merchants want to be able to peer into every corner of our lives to figure out how well their ads are performing is no basis for permitting them to do so – much less intervening in the market to make it even easier so more commercial snoops can get their noses in our business!

This is an idea that keeps popping up, like in this editorial by a UK lawyer, where he proposes fixing "Google's dominance of online advertising" by making it possible for everyone to track us using the commercial surveillance identifiers created and monopolized by the ad-tech duopoly and the mobile tech duopoly:

https://www.thesling.org/what-to-do-about-googles-dominance-of-online-advertising/

Those companies are doing something rotten. In dominating ads, they have stolen billions from publishers and advertisers. Then they used those billions to capture our democratic process and ensure that our human rights weren't being defended as they plundered our private data and put us in harm's way.

Advertising will adapt. The marketing bros know this is coming. They're already discussing how to live in a world where you can't measure clicks and you can't attribute actions (e.g. the world from the first advertisements up until the early 2000s):

https://sparktoro.com/blog/attribution-is-dying-clicks-are-dying-marketing-is-going-back-to-the-20th-century/

An equitable solution to Google's monopoly will not run though our right to privacy. We don't solve the Google monopoly by creating competition in surveillance. The reason to get rid of Google's monopoly is to make it easier to end surveillance.

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2024/08/07/revealed-preferences/#extinguish-v-improve

Image: Cryteria (modified) https://commons.wikimedia.org/wiki/File:HAL9000.svg

CC BY 3.0 https://creativecommons.org/licenses/by/3.0/deed.en

[mariacallous]

The US Department of Justice has sued Ticketmaster and its parent company, Live Nation Entertainment, for abusing their alleged monopoly in the ticketing market to trample competitors.

Filed on Thursday in the Southern District of New York, the lawsuit focuses on Ticketmaster’s long-term exclusivity contracts with many of the largest music venues, making it the predominant ticketing service available to concertgoers. The firm secures these deals in part by “threatening and retaliating against venues that work with rivals,” the DOJ alleges.

In the complaint, the DOJ accuses Ticketmaster and Live Nation, which acts as a promoter for hundreds of high-profile artists, of exploiting their relationship to establish a “self-reinforcing flywheel” that blocks competitors from gaining a foothold. Live Nation parlays its exclusive promotion deals into exclusive ticketing deals with venues, the DOJ claims, which are left with no practical choice but to go with Ticketmaster, for fear of losing access to sought-after acts represented by its parent company. The DOJ is seeking to break up the joint organization.

“We allege that Live Nation relies on unlawful, anticompetitive conduct to exercise its monopolistic control over the live events industry in the United States at the cost of fans, artists, smaller promoters, and venue operators,” says attorney general Merrick Garland in a statement. “The result is that fans pay more in fees, artists have fewer opportunities to play concerts, smaller promoters get squeezed out, and venues have fewer real choices for ticketing services. It is time to break up Live Nation–Ticketmaster.”

In a lengthy statement provided to WIRED, Live Nation disputes the DOJ's allegation that it and Ticketmaster wield monopoly power. “The DOJ's lawsuit won't solve the issues fans care about relating to ticket prices, service fees, and access to in-demand shows,” the company says. “Calling Ticketmaster a monopoly may be a PR win for the DOJ in the short term, but it will lose in court because it ignores the basic economics of live entertainment, such as the fact that the bulk of service fees go to venues, and that competition has steadily eroded Ticketmaster’s market share and profit margin.”

The charges brought by the DOJ mirror allegations made previously against Ticketmaster in two ongoing private lawsuits.

In December 2022, Ticketmaster was sued by hundreds of Taylor Swift fans, who brought a case in response to a high-profile ticketing debacle that reportedly left them queuing for hours to pay for tickets that they had been assigned under an early access program, with many ultimately unable to claim their allocations. The incident led to a hearing by the Senate Judiciary Committee on consolidation in the ticketing industry and, reportedly, helped catalyze the investigation into Ticketmaster by the DOJ.

In their lawsuit, the Swift fans accused Ticketmaster of abusing its dominant position to impose “higher prices in the presale, sale, and resale market for concert tickets.” The company has “effectuated this anticompetitive scheme by forcing fans of musicians to use Ticketmaster exclusively to buy concert tickets,” the lawsuit alleged.

In the second case, a class action brought in 2022 on behalf of Ticketmaster customers in the US, Live Nation and Ticketmaster were accused of abusing the complementary relationship between their services to overcharge consumers and sustain their monopoly. “Live Nation controls the vast majority of the big national touring acts and, either explicitly or implicitly, coerces concert venues into selecting Ticketmaster as their ticketing service provider on pain of losing high-value acts,” claims Adam Wolfson, a partner at Quinn Emanuel, the law firm representing the plaintiffs.

This type of conduct, known as tying, was explicitly forbidden under the consent decree imposed upon Live Nation and Ticketmaster by the DOJ as a condition of their 2010 merger. “Our allegation is that they did it anyway,” says Wolfson. “Ticketmaster’s behavior is an open secret—everyone talks about it.”

In a corporate blog post published in March, Dan Wall, executive vice president of corporate and regulatory affairs at Live Nation, rejected allegations that Ticketmaster is driving up the price of tickets. The face value of a ticket is decided by the artist, he wrote, while the service charge—from which Ticketmaster draws its cut—is set by the venue.

In a call with reporters, a senior DOJ official described this line of defense as a “red herring” in the context of the alleged antitrust violations. “Our position is that removing the chokehold that Live Nation has at all levels of the ecosystem will be beneficial with respect to the way prices are set.”

A problem common to antitrust disputes, says Bradley Justus, an antitrust attorney at law firm Axinn, is the difficulty in distinguishing easily between practices that amount to anticompetitive behavior and those that might be considered sensible business strategy. The DOJ will argue that the exclusive deals entered into by Ticketmaster are categorically anticompetitive. “The antitrust question is: How extensive is the scope of those agreements? Are they truly so broad that another competitor couldn’t enter and scale?” says Justus.

The DOJ claims that the terms of the contracts mean that “venues cannot consider or choose rival ticketers or switch to better or more cost-effective ticketing technology.” The effect, it claims, is both to stifle competitors and minimize the pressure for Ticketmaster to improve its own product, to the detriment of concertgoers.

Although the DOJ has petitioned for Live Nation to be broken up, it has not outlined the specific structural changes it will go after, nor any injunctions it may try to impose with respect to the company’s exclusive contracts. “A breakup is absolutely on the table, but it’s important not to put the cart before the horse. In antitrust cases, any remedy has to be specifically tailored to the violation found,” a senior DOJ official told the press. “Based on the allegation that Live Nation and Ticketmaster have exerted control at every level of the ecosystem, aspects of the company need to be broken apart in order for competition to flourish in the live music industry.”

[equallyshaw]

its always been you | jack hughes.

•

blurb + social media edit.

•

jack hughes x mid size oc.

•

Warnings: self esteem issues, low confidence, guys being assholes, some sexual themes. alluding to sex.

Word count: 4.06K

——

'it's always been you'

jack was a lot of things you could say, but he was most importantly blairs best friend since he moved to canton years ago. she grew up across the street from the ever chaotic hughes boys, who somehow always pulled her and her brother out of the house.

or at least he was her best friend, once he left for the show; messages and facetimes stopped. her family moved away shortly to san diego after she began her freshman year at university of southern california, double majoring in pre law and political science. she slowly but surely over the course of the years had begun to faze him out of her life, knowing full well he got rid of her too. blair recently graduated from USC with manga cum laude and decided to consider the possibility of moving to new york to start her life. her older brother joey had been out there for 6 years already, with college and now his professional career. and so here she was, two suitcases packed for two full weeks of sightseeing and potential job hunting in the city.

she strolled out of jfk, looking for her brother who stood waiting beside his car and once the two found one another they quickly jogged over to one another. "hey sis, glad you made it in safety!" he said taking the two suitcases from the girl, to put in the trunk. she hopped in the driver side, quickly connecting her phone to the Bluetooth. "couldn't wait 2 secs could you?" he joked, as he hopped in hearing olivia rodrigo blaring. "nah." she grinned, letting her parents know she was with her brother. "coffee?" he mused, and she nodded excitedly. "ya know it." she smiled.

•

she had been here 2 days already and had done some sightseeing with her brother on the first day, and then yesterday explored lower manhattan and had stopped in to see where her brother worked, in the financial district. tonight though, they were going to be going out with some of his friend group and she was nervous. she hated being in a room of people in public no less without meeting them first one on one, but he promised her they were cool and very chill. besides, they were excited to meet the young girl who kept him on his toes. and the one who always had a joke to say. she sat down at the vanity an hour before they had to leave and quickly did some natural makeup and loose waves, before picking out a black crop long sleeve, short black faux leather skirt, black ankle boots and a small green purse. she walked out to the living room greeting her brother's girlfriend who smiled widely. "ouuu yes! i love the outfit blair!" she said genuinely and blair blushed. "you look great, i love it! you are gonna rock it." mogan spoke softer so just she could hear it and blair nodded, and thanked her for the support. she had changed over the course of four years and her body changed drastically. her 5'2 figure took a hit and that in turn lowered her self esteem and confidence within herself. she had been invited over the years to visit two friends at university of michigan but felt so poorly of herself, she never went. she didn't want anybody to see how much she'd change, even went as far to make a new instagram. besides, she had a whole new life out in california and that made it easier for her to never look back. and lets be honest, she didn't want jack or his brothers to see how she looked. she had adored the middle child the three years she knew him and once things started to change, she knew she could never be enough for him.

morgan grabbed ahold of the girl's hand as they walked towards the restaurant in greenwhich village. "have you guys been here before?" blair questioned as they quickly went to their usual seats. morgan nodded, "yeah all the time!" she beamed. the three walked towards the back, their friends all jumping up to greet the sister. "hi I'm jackson, nice to meet the girl who keeps him on his toes!" the dark haired man said causing her to laugh, "ofcourse! blair nice to meet you jackson!" she said hugging him back quickly. "I'm jackie! i work with morgan, nice to finally meet you! heard so much about ya. by the way, i love the outfit!!!" jackie said hugging the girl, and blair smiled thanking her. she moved on to three other people, two girls and a guy and then she sat down next to her brother. "has he convinced you yet to move here full time?" aaron questioned and she shook her head at the tall redhead. "nah not yet, though I'm sure its coming." she giggled, and the rest laughed. the waiter came over to collect drink orders, and she ordered a cranberry vodka and water. "where do you wanna work again?" her brother asked and blair smiled, "either go to law school to become yknow a lawyer or in a government agency. not too sure yet." she said shrugging and the others nodded. "well I'm sure jackson could hook you up, he works for town hall." and jackson shrugged nodding. "yeah, its a nice gig." he said. the group fell into a comfortable conversation, and trying to get to know the girl a bit more.

two hours later, they decided to head up to upper east side to go to a club, and so they made the almost hour treck up from Greenwich village. they ended up at one that the group frequented and once they got inside, joey took blair up to the bar to get drinks. the two stood there conversing as they waited for the drinks. that's when she saw him. no, not jack but the knock off kurt russell who played in california. somehow, she'd avoided him despite her parents living in the same area as him. trevor did a double take to the siblings before clapping his hand on joey's shoulder, causing blair to look up and catch trevors eye. "hey man, whats up?" joey said turning around and bro hugging with him. "good good, playing in the best league is more than i could ask!" trevor said cheekily and joey nodded, turning back to blair. trevor looked at blair as if she was somebody he'd never met before, "is this your girl?" trevor asked somewhat crass. blair shook her head, "no this is blair!" joey said looking at trevor like he was an idiot. "oh my god blair! how are you?! i didn't even recognize you." trevor said now realizing his mistake and blair took that to heart. she swallowed hardly, trying to not cry. she cursed her damn sensitivity. "i-im alright." she said smiling weakly, before looking over and seeing the tray of drinks. "good seeing you man." joey said somewhat crass, annoyed with the hockey player. "yeah, you too! is it true your parents are in newport?" he asked and joey nodded before walking off with blair. trevor stood their for a brief few seconds before taking drink and rushing back to the group.

blair chugged her cranberry vodka, surprisingly fast. joey watched as she did so, and then went to take a shot of tequila. she coughed as it finished going down, and he clapped her back a few times. "I'm gonna get another one." she said and joey wrapped an arm around her, not allowing her too. "no you're not getting drunk..at least not yet." he winked and she rolled her eyes. "come on lets go dance, girly!" morgan said pulling the girl out to the dance floor. ofcourse dancing queen had to be on, and the girl jumped in a circle along with jackie and annabelle the other girl that was jackson's girlfriend.

as soon as trevor reached the group that consisted of quinn, luke, jack, alex, cole, pk and a few other players in their group. "yo guys you wont believe i just saw at the bar!" he said freaking out, and some of the guys laughed. "who?" alex questioned throwing an arm over his shoulder. "joey and blair anderson!" he said breathlessly. "woah calm down their bud." alex joked laughing, as the three hughes searched the crowd for the siblings. once blair left right after the draft to move with her parents to california, joey fell off the face of the planet as well. quinn and joey had been the closest due to age and playing for usndtp together, and so that had hurt him as well. "where is she? i see joey but not her." jack said looking at trevor and trevor searched the crowd too. "she looks completely different, i thought she was his girlfriend." and then he found her. trevor pointed towards the quartet of girls, and jack needed no confirmation of which one was which. the same dark hair that sometimes crept up in his dreams was the same as when they were in highschool. he took in how much she had changed physically and absolutely adored the softness of her hips that peeked out from her cropped sweater. the subtle roundness of her cheeks, with her dimples ever present.

"damn shes changed." cole said and jack could feel the judgeness of his voice, as he finished that statement. "so?" jack said feeling himself getting angry and then cole recognized his mood changing. "like it fucking matters." quinn said hitting cole in the chest, understanding what cole was trying to say. "I'm getting another drink." jack said standing up and walking towards the bar. back on the dance floor, blair craved another cranberry vodka and pulled morgan over with her. "hi, can i please have a cranberry vodka!" blair asked and they nodded, putting it on joeys tab. blair and morgan talked at the bar, not realizing that jack was on the other end of it downing two shots. "thankyou!" blair said taking the drink and shot that was put down in front of the two. the two clinked the glasses together and once on the bar before throwing them back. blair coughed again and laughed as morgan's face grimaced. as soon as jack heard the coughing, he looked down and realized that blair was inches from him. now or never he thought, as she was about to walk off. "blair!" he said but she didn't hear him, he took two big steps and called her once again and she froze, before turning around. who could possibly know me here, she asked herself. she turned around jack and her eyes went wide. "blai-" he said once more, reaching out a hand before she speed off with morgan back to the table. jack caught joey's eye and his eyes went wide as well before turning his attention back to blair. jack stood there seeing if joey would walk over, but he didn't. instead the two of them plus morgan calling it a night.

•

it was the next morning and blair was staring at the ceiling of the guest bedroom. she groaned rolling over, and pushing her face into the pillow. she hadn't been able to get jacks shocked face out of her head the whole night. she had had a nightmare about the summer she left for california with her parents, and he had forgotten her birthday. she didn't realize she was crying until she heard a sob tumble out of her, as her mind with self doubts. she sat up, crying into her hands and thanked the universe her brother and his girlfriend had left for brunch awhile ago. she declined their invitation and said she just wanted to sleep. she wiped her tears, and got out of bed throwing on a sweater and a pair of black leggings and her birkenstocks on. she decided she needed some coffee and a breakfast sandwich to lift her mood just a bit. she walked out of her brothers apartment and headed down to starbucks on the corner. she took in the sights, smells and sound of saturday early afternoon. she thanked the person that opened the door for her, and headed to the line quickly. she got her usual cold brew and sausage sandwich, and sat down at the table by the window. she scrolled through tiktok, trying her very hardest to laugh like a maniac in public.

about 30 minutes into her stay, she felt somebody staring but she pushed it away. not wanting to give anybody her undivided attention. she stood up a few minutes later, and headed towards the trash to throw away her garbage. as she was about to open the door, somebody did it for her. she looked up at the blue eyes she had once adored. she sighed seeing trevor and cole accompanying the player. she walked out quickly, heading back to her brothers apartment. she was close to the door once she heard her name. she rolled her eyes knowing it was jack, and so she slowed down a bit and waited for him to catch up. "blair!" he said finally reaching her and stepped in front of her. her eyebrows creased, looking up at him. all 5'11 of him. "yes?" she questioned, crossing her arms across her chest. he knew that nervous tick she had done from the very first time they met. "uh- how are you doing?" he asked, pushing some hair out of his face. she rolled her eyes, and continued her trek towards the front door of the apartment building. "wait blair!" he said pulling her arm, and she yanked it back. "hi how are you doing? after four years jack, seriously? fuck off." she breathed, turning back. "hey you didn't reach out either, ok?" he said and she stopped looking back at him. "i congratulated you, you ass. i texted you the night you got drafted and never got a response, jack. so that's on you, not me." she seethed, and he realized that he'd been in the wrong. "i cried every night that summer, in a scary and strange new place and you- you didn't even reach out once my parents dropped the move on your parents." she said feeling tears pool her eyes. "all i wanted was my best friend and you didn't care enough about me it seems, which is on me." she said before turning back to the door. "blair please." he pleaded. she opened it and looked back at jack who stood there processing everything. "come on jack." she said holding the door for him, and he quickly took the chance.

•

she set her coffee down on the kitchen counter and placed her hands on her hips, trying to figure out what she wanted to say. "i'm sorry i didn't respond, I'm sorry i never reached out to you or said happy birthday. i know that's on me, there's no excuse for it. i didn't find out you moved until august when we came back to for a michigan game, and my parents told us. they'd kept it from us because they didn't want to tell us over text, but in person. i realized that i had tested fate, thinking you'd be home waiting for me. and - and i guess i was heartbroken that you didn't tell me yourself. i was losing my best friend and somebody i - i had fallen for.. in one moment." he sighed as he paused, biting his lip. blair turned around at his confession, did he really just say that? he met her eye, as she processed it. "it doesn't matter anymore jack, im not that same girl. hell, i haven't been that same girl since i left. things changed pretty quickly for me freshman year, and i-i- im not meant to be in your life clearly." she said pinching her nose. "whats that supposed to mean? why arent you supposed to be in my life?" he asked, stepping towards her and invading her space. he grabbed ahold of her hands, and she pulled them back. she shook her head, looking at the floor. "im not the kind of girl you're supposed to be seen with." she said sadly, "look at me jack. i changed in more than one way when i moved...and have fought so many battles just to be standing here today. one's you can't fathom." she said shutting her eyes, "haven't you realized its always been you?" he whispered and she reopened her eyes to look up at him. "what?" she said barely coming out as a whisper. he smiled softly chuckling a bit, "you are your hardheadedness could never see how hard i was trying to get you to realize i liked you more than as a friend. i was trying so hard, the guys couldn't help but laugh at every attempt. calling me a fool knowing you'd never realize until i said something." he said shaking his head as if he couldn't believe the years he spent pining over her. "wait what?" she said looking into his eyes. "you thought i was just being nice? oh no..I'm not that nice to just anybody" he said laughing and she shook her head blushing. "you fool! you idiot!" she said slapping his chest, somewhat angry and somewhat sad. he grabbed ahold of her hands again and pulled them into his chest, "its always been you bean, i have never once stopped thinking about you, even if you did change your Instagram and slip off the face of the earth. i still never stopped, you can ask my brothers." he said inching closer to her face. she blinked twice before biting the inside of her cheek, "but I'm not right for you." she said frustratedly. he shook his head, "i like this version of you blair, don't sell yourself too short. i know i will absolutely adore you, bean. i promise you that." he said before placing his lips on hers. their lips felt as if they had kissed a million times before. she moved her hands up to his neck, desperate to be as close as possible. he wrapped his arms around her hips before moving to her lower back. they pulled apart, resting their foreheads against one another's, catching their breaths.

tears pooled both of their eyes as they looked at one another, "I've thought about doing that for years." he said cheekily and she grinned, "I've been waiting for that for years too." she hummed before reconnecting them.

•

one last hurrah was planned to michigan before the season started and jack invited her to his and his brother's lake house near where they grew up. she had met up with the three of them the day before they planned to leave for brunch. "i-i don't know." she said leaning back in her chair. "go have fun, ill still be here when you wanna come back." joey said from beside her, "there its been decided." quinn smiled lightly clapping his hands together.

•

jack took ahold of blair's hand as they walked through detroit airport, walking towards baggage claim. "I'm nervous." she whispered to him as they waited. he wrapped his arm around her shoulder and looked at her in the eyes, "you have no idea how much they've missed you hun. everything will be great." he said kissing her temple. she nodded, resting her head against his chest. they made it out 15 minutes later and searched for ellen and jimmy's car. once they heard that blair was coming into town, they quickly volunteered to pick them up. once ellen found luke in the crowd, she saw quinn then jack and then on the girl she had always considered her daughter. jimmy found them as well and smiled at ellen once he saw that her and jack were holding hands. "blair!" ellen smiled widely, wrapping her arms around the girl. blair was transported back to one of the first hugs she had received from the queen herself and melted. "i've missed you so much babygirl!" she whispered before pulling back to inspect the 5'2 girl. "don't hound her." jimmy joked, and blair smiled before hugging him. jimmy had also considered the young girl their daughter, a testament to the amount of time she spent over at the house. blair stepped back, right to jacks side as they all put the luggage in the back. luke hopped in first, with quinn in the back and then jack and her sat in the middle seats. they drove towards the lakehouse.

•

jack gave a tour to blair, and she could only imagine how much fun the three had here during the offseason. it was definitely a bachelors pad, with the amount of boyish and frat items they possessed. "this is your room." jack said opening the guest room door and she saw her luggage. she nodded softly before thanking him. "its late i should start getting ready for bed." she said and he nodded before walking out. she sat on the bed placing her head in her hands. she took in the very clean and crisp guestroom, knowing full well ellen had her hand in here at some point. blair quickly got ready for bed, and then tossed and turned for two hours not being able to fall asleep. especially knowing jack was down the hall, mere feet away from her. the summer after they moved to canton, her and his family went out to new hampshire and spent a month out there living with them. and there were many nights the two fell asleep in each others arms, one or the other not wanting to go back to their bed after talking for hours. jack down the hall was tossing and turning as well, thinking about the same thing. he was about to get up when he heard a soft knock at his door, before it opened. he heard the familiar soft feet of blairs. she had an oversized trojan t-shirt draping over her small frame, as she finally came into view. the moonlight cascading into the bedroom windows, allowing him to see all of her. "i couldn't sleep." she said and he got up, "me neither." he now stood in front of her, and she could feel the familiar warmth of him as he did so. the familiar chest of the hockey player, directly in her eyesight. "i had a feeling you'd be up, bean." he hummed smirking and she rolled her eyes. "what can i say, i missed my twin." she mused looking up at him. "its a good thing i missed you too." he said pulling her in by the cheeks and kissing her. they moved in sync towards the bed, molten with newfound freedom and feelings.

she sat back on the edge of the bed, jack coming in between her legs and then moving her further into the bed. they parted for a brief second, "are you sure?" he questioned and she nodded before she reconnected the two's lips. jack wasted no time in taking her shirt off and then her shorts, but slowly took her all in as if they'd never be in this situation again. "you are a fuckin goddess." he spoke into her neck, planting a few kisses down it. her back arched softly, wanting more of him. she pressed a kiss into his lips as things progressed into more.

•

the two laid in each other's arms, the sun now rising. jack had spent time whispering sweet nothings and sweet words that made her heart swell, for the past two hours. they also spent time talking about what they had missed in the past few years, and talked about their future and what they wanted to do. together and separately. she now had her head on his chest, and was looking up at him. "i want you to come to jersey, i don't care if its fast or careless but i cant go anymore without you. i don't think my heart could handle it." he said softly and she smiled. "thankfully i planned on heading out there." she grinned now, as he smiled. he placed a kiss on her lips once more, entangling once again.

•

@jackhughes: look who showed up just in time for the season.

tag: blairanderson

104k likes, 23.7k comments.

–

@_quinnhughes: just like old times 🫣🥹

@lhughes_06: mom can u come pick me up pls

@jackhughes: sorry not sorry

@joeyanderson: I guess all is right in the world

@elhughes: it’s is Joey!

@blairanderson: jackyyyy

@jackhughes: blairrrr

@alexturcotte: missed you blair bear !

@blairanderson: missed u too turcs 🫶🏻

@mattboldy: holy crap it actually happened

@blairanderson: it did !!

@fanone: it’s so dry in here

@fantwo: awe she looks so sweet

@colecaufield: happy for you guys!

@jackhughes has liked comment.

—

@blairanderson: i could get used to this

Tag: jackhughes

233 likes, 66 comments. (Private account)

–

@joeyanderson: gross

@morgansmith: omg i love this !!!!

@joeyanderson: babe no

@blairanderson: I love u morgs!

@camyork: bean!!!!! Oh my god

@blairandersond hi cam cam!

@alexturcotte: I still bet u could still beat him at cards

@blairanderson: I reckon I could 🤝🏻

@jackhughes: it’s on babe!

@elblue: so glad to have you back in the family sweetie!

@blairanderson: me too!!

@jackhughes: I think we should hang one of these up in the condo

@lhughes_06: pls no

@blairanderson: I have so many ideas !!!

@alexvlasic: blair bear omg you posting again?!

@blairanderson: vlassy yes! Ended my hiatus (:

@brendan.brisson: awe my favs

@blairanderson: 🫶🏻

@trevorzegras: happy for you two!!

@blairanderson has liked comment

—

Hope you all enjoyed— please like and reblog if you did!!

Random tags: @huggybug @slafgoalskybaby @cuttergauthier @skatesnstuff @boldysswld @makarhughes @itsnotgray

[sealpup9]

Internet Archive Live Hearing happens tomorrow: March 20, 2023

Here's a link to the Internet Archive's page, describing how you can participate and listen to oral arguments on Monday March 20th at 1pm ET

You may know the Internet Archive because of the Wayback Machine!!

The court case Hachette v Internet Archive is being brought to court and threatens to tear down the Internet Archive as we know it.

"The Internet Archive is a nonprofit digital library, preserving and providing access to cultural artifacts of all kinds in electronic form. CDL allows people to check out digital copies of books for two weeks or less, and only permits patrons to check out as many copies as the Archive and its partner libraries physically own. That means that if the Archive and its partner libraries have only one copy of a book, then only one patron can borrow it at a time, just like any other library. Through CDL, the Internet Archive is helping to foster research and learning by helping its patrons access books and by keeping books in circulation when their publishers have lost interest in them."

This is so important because not only does the Internet Archive provide books that are long out of circulation and copies for people to borrow, they are also used as sources for things like Wikipedia articles! Imagine if suddenly, no one could access sources that someone cites for their information! Having access to information digitally today is a very important thing, and with all of the paywalls people face nowadays for news, imagine if you suddenly had to pay for access to any books. Websites like Amazon already are attempting to replace any sort of ebook rentals with paid services, when we have the right to borrow books online just as we do physically. The Internet Archive is extremely important and one of our rights- access to information- is actively being fought against.

REMEMBER: This will not JUST affect the internet archive. This could change how libraries in general work, and could threaten public access to information. Imagine how many youtube video essay sources would be null and void, imagine just trying to research an obscure topic at 3am-- If all of that was behind a paywall, only those with money would be able to access them! The harder it is for libraries to share books and archive information, the more the public suffers!

Please show your support! Read more about the case here: https://www.eff.org/cases/hachette-v-internet-archive

https://www.battleforlibraries.com/

I'm not sure how quick Tumblr will work on approving this blazed post but if the day/time has passed, please know that you can actively look into more information on this case and other info on the Internet Archive Blogs. You can also add your name to a list of supporters of Battle for Libraries Here.

Let's work together on making sure we have access to information! In this digital age, we deserve to access just as much online as we do offline!

[allthecanadianpolitics]

A YouTube network that features a former Langley political candidate as one of its primary contributors has been accused of being funded by Russian operatives in a US Justice Department indictment. Surrey-raised Lauren Southern, who ran as a Libertarian candidate in the Langley-Aldergrove riding in 2015, was one of the content creators for a right-wing YouTube channel called Tenet Media. Between Nov. 6 last year and July 31 this year, Southern created 94 videos for the site. The indictment filed in the Southern District of New York targets two Russians, Kostiantyn Kalashnikov and Elena Afansyeva, with violations of the U.S. Foreign Agents Registration Act, and with conspiracy to launder almost $10 million that funded the YouTube network. 

Continue Reading

Tagging: @newsfromstolenland

[queersatanic]

Queer Satanic is dead; long live Queer Satanic

It’s official and it’s final: We won.

If The Satanic Temple were going to appeal its loss against the defendants it called “Queer Satanic”, the notice of appeal was due in King County Superior Court by 4:30 p.m. today. We have received no electronic notice of a filing, so we are very pleased to say that the case is finally concluded.

The nontheistic religious organization used its for-profit corporation “United Federation of Churches LLC d/b/a ‘The Satanic Temple’ ” to sue four former members of its Washington State chapter from April 2020 till September 2024. They sued us in federal court, the Ninth Circuit Court, dragged us into giving depositions for the Southern District of New York, and sued us in King County Superior Court, but TST has lost everywhere it went. The claims that we always maintained were frivolous and without merit have been found so in every court TST made those claims by every judge who has looked at them. Now, a month after TST’s most recent loss, the deadline for the Temple’s appeal has come and gone, and so we’re done.

Years ago in dark times where it seemed like there would be no end to this and The Satanic Temple and its owners would never stop being vexatious litigants against us, we wrote the bottom section. The website’s administrator was supposed to add some sort of explainer and then publish it, keeping the site up and running for as long as that was feasible for them since we would be in no position to be involved anymore.

What it talks about has not come to pass — but in other ways, it certainly has. This was not sustainable indefinitely. The machine was breaking down for a long time, grinding metal on metal without pause, but it can be turned off now. “Non serviam” — until further notice, this machine is out of service.

Certainly, there is still research to be done and still other articles to be written about The Satanic Temple, its owners, and how they actually operate in contrast to how they present themselves. But to be done by us? That’s less clear.

We don’t plan to completely disappear, and there is still some tidying up to do, but mostly, there’s some much needed rest. Just as likely, there will be other fights that now we can focus on, given the way the world is going. In either case, this sabbatical may be indefinite.

“Queer Satanic” was never an organization, never a hierarchy, only a vibe. We were Heretical Satanists, heretics of heretics, so in the midst of defending ourselves from a lawsuit, we tried to put forward positive ideas and examples about what a more useful Satanism might look like; we tried to show a radical and rebellious way of approaching and acting in the world beyond just aesthetics of painting it black or upside-down Christianity slapped on bog-standard reactionary and liberal politics.

We didn’t do enough of it, and there is still so much more to be done.

For now at least, we leave you to it.

If you’re reading this, it means we lost.

Maybe a judge ruled against us. More likely, we ran out of money to keep paying for our own legal defense and had to capitulate. Or, after more than two years — and the devil only knows how much more if you’re reading this — of assault in and outside of the courtroom, we wore down and could not find resilience between us all to go on.

For whatever reason, if you’re reading this, we lost. And we’re sorry. For whatever reason, we were not strong enough and good enough to win this fight. Maybe we weren’t even good enough to see it through to the end.

And yet the work continues. We will not be able to continue it, or at least not all of us, but the work is the work, and it never depended solely on us anyway. The Satanic Temple is a horrid, abusive organization. If we say something otherwise because we can no longer defend ourselves to prevent it, it should be obvious this was a statement made under duress. Fuck our future selves for what they say, but have compassion for them as well. Literally years and tens of thousands of dollars must separate us from each other; bravery is much easier on this side of the chasm of time.

The work continues, and you’ll have to do it. Yes, you. No one else can build what you want to see. Certainly not us anymore.

You are Queer Satanic just as you always have been.

A queer satanic antifascist is someone who detests and opposes fascism, white supremacy, cishetropatriarchy, clericalism, and capitalism. A queer satanic antifascist looks on all forms of domination and hierarchy and chooses to oppose them — actually — even if it seems the structures they oppose are omnipotent.

Lucifer fought all of heaven; can you not fight an egregore of capitalism?

Find people who want the same things you do. Work with those people to create the world you want around you. Sometimes, that is petty resistance to hegemony — vandalism, graffiti, a heckle. Sometimes it’s filling potholes or cleaning pots after a free feeding. Sometimes it’s open carrying at a queer protest. Sometimes it’s things not to be talked about digitally at all.

Be the insurrection you want to see. Be Lucifer the Light-Bringer, rebelling against ineffable tyranny at all costs.

Push grifters like the The Satanic Temple out of radical spaces with your teeth bared, call out their leaders for abuses everywhere so no one is fooled. Feed people. Shelter people. Protect people. Do it actually, not just for clout or to funnel money up a pyramid.

Use any symbol or meme or paragraph of ours that’s ever inspired you. Make your own new things to inspire others.

We are done. If you’re reading this, we lost.

But if you continue to do the work we did, we will never, ever lose.

Hail Satan! — the work continues.

Ave Satanas! — so do you.

[trendynewsnow]

Josh Riley Wins New York's 19th Congressional District, Flipping Seat from Republicans

Democrat Josh Riley Secures Victory in New York’s 19th Congressional District In a significant political upset, Democrat Josh Riley has emerged victorious over the Republican incumbent, Representative Marc Molinaro, as reported by The Associated Press. This win marks a crucial flip in New York’s 19th Congressional District, which has been one of the most closely monitored House races in this…

[nationallawreview]

Federal Agencies Have Placed a Heightened Priority on Whistleblowers and Speedy Cooperation

As new areas of the law emerge, driven in part by technology and the free flow of information, federal agencies are becoming more aggressive with a tried and true carrot-and-stick approach to law and regulatory enforcement. In a recent PLI panel on government enforcement priorities in May 2024, Brent Wible, Chief Counselor, Office of the Assistant Attorney General, Department of Justice (DOJ or…

[brucesterling]

Artificially Inflated Music Streaming

SMITH then created randomly generated song and artist names for audio files so that they would appear to have been created by real artists rather than artificial intelligence.  For example, an alphabetically consecutive selection of 25 of the names of the AI songs SMITH used is as follows: “Zygophyceae,” “Zygophyllaceae,” “Zygophyllum,” “Zygopteraceae,” “Zygopteris,” “Zygopteron,” “Zygopterous,” “Zygosporic,” “Zygotenes,” “Zygotes,” “Zygotic,” “Zygotic Lanie,” “Zygotic Washstands,” “Zyme Bedewing,” “Zymes,” “Zymite,” “Zymo Phyte,” “Zymogenes,” “Zymogenic,” “Zymologies,” “Zymoplastic,” “Zymopure,” “Zymotechnical,” “Zymotechny,” and “Zyzomys.” 

Similarly, an alphabetically consecutive selection of 25 of the names of the “artists” of the AI songs SMITH used is as follows: “Calliope Bloom,” “Calliope Erratum,” “Callous,” “Callous Humane,” “Callous Post,” “Callousness,” “Calm Baseball,” “Calm Connected,” “Calm Force,” “Calm Identity,” “Calm Innovation,” “Calm Knuckles,” “Calm Market,” “Calm The Super,” “Calm Weary,” “Calms Scorching,” “Calorie Event,” “Calorie Screams,” “Calvin Mann,” “Calvinistic Dust,” “Calypso Xored,” “Camalus Disen,” “Camaxtli Minerva,” “Cambists Cagelings,” and “Camel Edible.”

[mostlysignssomeportents]

One of America’s most corporate-crime-friendly bankruptcy judges forced to recuse himself

Today (Oct 16) I'm in Minneapolis, keynoting the 26th ACM Conference On Computer-Supported Cooperative Work and Social Computing. Thursday (Oct 19), I'm in Charleston, WV to give the 41st annual McCreight Lecture in the Humanities. Friday (Oct 20), I'm at Charleston's Taylor Books from 12h-14h.

"I’ll believe corporations are people when Texas executes one." The now-famous quip from Robert Reich cuts to the bone of corporate personhood. Corporations are people with speech rights. They are heat-shields that absorb liability on behalf of their owners and managers.

But the membrane separating corporations from people is selectively permeable. A corporation is separate from its owners, who are not liable for its deeds – but it can also be "closely held," and so inseparable from those owners that their religious beliefs can excuse their companies from obeying laws they don't like:

https://clsbluesky.law.columbia.edu/2014/10/13/hobby-lobby-and-closely-held-corporations/

Corporations – not their owners – are liable for their misdeeds (that's the "limited liability" in "limited liablity corporation"). But owners of a murderous company can hold their victims' families hostage and secure bankruptcies for their companies that wipe out their owners' culpability – without any requirement for the owners to surrender their billions to the people they killed and maimed:

https://pluralistic.net/2023/08/11/justice-delayed/#justice-redeemed

Corporations are, in other words, a kind of Schroedinger's Cat for impunity: when it helps the ruling class, corporations are inseparable from their owners; when that would hinder the rich and powerful, corporations are wholly distinct entities. They exist in a state of convenient superposition that collapses only when a plutocrat opens the box and decides what is inside it. Heads they win, tails we lose.

Key to corporate impunity is the rigged bankruptcy system. "Debts that can't be paid, won't be paid," so every successful civilization has some system for discharging debt, or it risks collapse:

https://pluralistic.net/2022/10/09/bankruptcy-protects-fake-people-brutalizes-real-ones/

When you or I declare bankruptcy, we have to give up virtually everything and endure years (or a lifetime) of punitive retaliation based on our stained credit records, and even then, our student debts continue to haunt us, as do lawless scumbag debt-collectors:

https://pluralistic.net/2023/08/12/do-not-pay/#fair-debt-collection-practices-act

When a giant corporation declares bankruptcy, by contrast, it emerges shorn of its union pension obligations and liabilities owed to workers and customers it abused or killed, and continues merrily on its way, re-offending at will. Big companies have mastered the Texas Two-Step, whereby a company creates a subsidiary that inherits all its liabilities, but not its assets. The liability-burdened company is declared bankrupt, and the company's sins are shriven at the bang of a judge's gavel:

https://pluralistic.net/2023/02/01/j-and-j-jk/#risible-gambit

Three US judges oversee the majority of large corporate bankruptcies, and they are so reliable in their deference to this scheme that an entire industry of high-priced lawyers exists solely to game the system to ensure that their clients end up before one of these judges. When the Sacklers were seeking to abscond with their billions in opioid blood-money and stiff their victims' families, they set their sights on Judge Robert Drain in the Southern District of New York:

https://pluralistic.net/2021/05/23/a-bankrupt-process/#sacklers

To get in front of Drain, the Sacklers opened an office in White Plains, NY, then waited 192 days to file bankruptcy papers there (it takes six months to establish jurisdiction). Their papers including invisible metadata that identified the case as destined for Judge Drain's court, in a bid to trick the court's Case Management/Electronic Case Files system to assign the case to him.

The case was even pre-captioned "RDD" ("Robert D Drain"), to nudge clerks into getting their case into a friendly forum.

If the Sacklers hadn't opted for Judge Drain, they might have set their sights on the Houston courthouse presided over by Judge David Jones, the second of of the three most corporate-friendly large bankruptcy judges. Judge Jones is a Texas judge – as in "Texas Two-Step" – and he has a long history of allowing corporate murderers and thieves to escape with their fortunes intact and their victims penniless:

https://pluralistic.net/2021/08/07/hr-4193/#shoppers-choice

But David Jones's reign of error is now in limbo. It turns out that he was secretly romantically involved with Elizabeth Freeman, a leading Texas corporate bankruptcy lawyer who argues Texas Two-Step cases in front of her boyfriend, Judge David Jones.

Judge Jones doesn't deny that he and Freeman are romantically involved, but said that he didn't think this fact warranted disclosure – let alone recusal – because they aren't married and "he didn't benefit economically from her legal work." He said that he'd only have to disclose if the two owned communal property, but the deed for their house lists them as co-owners:

https://www.documentcloud.org/documents/24032507-general-warranty-deed

(Jones claims they don't live together – rather, he owns the house and pays the utility bills but lets Freeman live there.)

Even if they didn't own communal property, judges should not hear cases where one of the parties is represented by their long term romantic partner. I mean, that is a weird sentence to have to type, but I stand by it.

The case that led to the revelation and Jones's stepping away from his cases while the Fifth Circuit investigates is a ghastly – but typical – corporate murder trial. Corizon is a prison healthcare provider that killed prisoners with neglect, in the most cruel and awful ways imaginable. Their families sued, so Corizon budded off two new companies: YesCare got all the contracts and other assets, while Tehum Care Services got all the liabilities:

https://ca.finance.yahoo.com/news/prominent-bankruptcy-judge-david-jones-033801325.html

Then, Tehum paid Freeman to tell her boyfriend, Judge Jones, to let it declare bankruptcy, leaving $173m for YesCare and allocating $37m for the victims suing Tehum. Corizon owes more than $1.2b, "including tens of millions of dollars in unpaid invoices and hundreds of malpractice suits filed by prisoners and their families who have alleged negligent care":

https://www.kccllc.net/tehum/document/2390086230522000000000041

Under the deal, if Corizon murdered your family member, you would get $5,000 in compensation. Corizon gets to continue operating, using that $173m to prolong its yearslong murder spree.

The revelation that Jones and Freeman are lovers has derailed this deal. Jones is under investigation and has recused himself from his cases. The US Trustee – who represents creditors in bankruptcy cases – has intervened to block the deal, calling Tehum "a barren estate, one that was stripped of all of its valuable assets as a result of the combination and divisional mergers that occurred prior to the bankruptcy filing."

This is the third high-profile sleazy corporate bankruptcy that had victory snatched from the jaws of defeat this year: there was Johnson and Johnson's attempt to escape from liability from tricking women into powder their vulvas with asbestos (no, really), the Sacklers' attempt to abscond with billions after kicking off the opioid epidemic that's killed 800,000+ Americans and counting, and now this one.

This one might be the most consequential, though – it has the potential to eliminate one third of the major crime-enabling bankruptcy judges serving today.

One down.

Two to go.

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2023/10/16/texas-two-step/#david-jones

My next novel is The Lost Cause, a hopeful novel of the climate emergency. Amazon won't sell the audiobook, so I made my own and I'm pre-selling it on Kickstarter!

[brofisting]

[mariacallous]

Sean “Diddy” Combs is facing dozens of new allegations of sexual assault in a series of civil lawsuits set to be filed.

At a press conference held on Tuesday, Texas-based attorney Tony Buzbee said he is representing 120 accusers with allegations against the entertainment mogul that occurred over 20 years.

“We will expose the enablers who enabled this conduct behind closed doors. We will pursue this matter no matter who the evidence implicates,” Buzbee said during the press conference.

“Many powerful people ... many dirty secrets,” the lawyer said of the allegations. He added that his team has “collected pictures, video, texts.”

Buzbee added that the allegations will include: “violent sexual assault or rape, facilitated sex with a controlled substance, dissemination of video recordings, sexual abuse of minors.”

“It’s a long list already, but because of the nature of this case, we are going to make sure damn sure we are right before we do that,” Buzbee continued. “These names will shock you.”

Buzbee said he’s had more than 3,000 individuals come forward to his office with accusations against Combs and that he plans to begin filing lawsuits in various states within the next 30 days. He added that they will name the other defendants at a later date.

Among this new group of accusers, Buzbee said, 62 % identify as African American, and that they hail from more than 25 states, with the majority from New York, California, Georgia and Florida.

Buzbee said that 25 of the accusers were minors at the time of the incidents occurring as early as 1991. Buzbee said that the events occurred at parties hosted by Combs, as well as auditions for people hoping to “break into the industry.”

NBC News has reached out Combs’ legal team for comment.

Combs is currently being detained at the Metropolitan Detention Center in Brooklyn, New York after prosecutors in the Southern District of New York charged Combs with sex trafficking, racketeering and transportation to engage in prostitution in an indictment unsealed last month.

Combs was denied bail twice, but on Monday his legal team, which now includes attorney Alexandra Shapiro alongside Teny Geragos and Marc Agnifilo, filed the first paperwork ahead of an appeal of the bail decision.

Buzbee has represented victims in several other high-profile lawsuits, including against BP in 2010 after the Deepwater Horizon oil spill in the Gulf of Mexico. He also represented individuals accusing NFL quarterback Deshaun Watson of sexual misconduct in 2021. That same year, he filed a 750-million dollar lawsuit against Travis Scott after a fatal crowd crush at the rapper’s Astroworld Festival.

Combs’ legal issues have been mounting since his ex-girlfriend, Cassandra “Cassie” Ventura, filed an explosive civil suit against him last year, accusing him of assault and sex trafficking over the course of their relationship. Combs, who has vehemently denied the accusations, settled with Ventura for an undisclosed amount. Several months later, surveillance video showing Combs brutally beating Ventura in the hallway of a Los Angeles hotel leaked, and the mogul apologized for his actions.

Since Ventura’s lawsuit, multiple other civil lawsuits have been filed against Combs — most recently one from Dawn Richard, a former member of the girl group Danity Kane who alleges Combs groped, assaulted, imprisoned and threatened her life. Combs has denied all claims against him, calling them “sickening allegations” from people looking for “a quick payday.”

Many of the lawsuits against Combs were filed in New York City, which has the Victims of Gender-Motivated Violence Protection Law allowing people to file lawsuits alleging sexual abuse even after the statute of limitations had passed.

[eugenedebs1920]

“No prior President has ever abased himself more abjectly before a tyrant” Were the words spoken by the late Senator from Arizona, John McCain after the July 2018 summit between President Trump and Russian president Vladimir Putin. His fellow Arizonan Senator Jeff Flake would say, “I never thought I would see the day when our American President would stand on the stage with the Russian President and place blame on the United States for Russian aggression. This is shameful.”

McCain would pass away from an aggressive brain cancer on August 25, 2018. His fellow statesmen would not seek reelection, giving a lengthy em passionate speech condemning “new normal” of the Trump era, saying,  “the personal attacks, the threats against principles, freedoms, and institutions; the flagrant disregard for truth or decency, the reckless provocations, most often for the pettiest and most personal reasons, reasons having nothing whatsoever to do with the fortunes of the people that we have all been elected to serve.”

Look at those pictures of Donald Trump! Have you ever seen that lack of overbearing arrogance on his face before!? Putin either makes him soil his diaper with fear, he has dirt on Trump, or our tiny handed tyrant is in love! This has little to do with what we’ll dive into but, just happened to run across Flake’s announcement for not seeking reelection. It was pretty good! Anyway…

With our short attention spans and constant distractions, we may only remember a phrase when we associate the word Russia, and the word Trump. That being the former President’s response to a reporter, saying “Oh! Russia Russia Russia”, that’s my word association image anyway. But yes. Russia Russia Russia.

We’ll go in a reverse chronologicalish order, or most relevant recent order, or whatever order it ends up as. There’s a lot to cover, see how long you make it… 😆

Trump has long had affairs overseas, and no, not the kind he’s known for, but business dealings. After making a series of bad decisions in the later 80’s early 90’s American banks were hesitant to loan to Trump. As it turns out, the Kremlin had their eye on Trump, and had Czech spies working for the Kremlin covertly tail him as early as 1987. Throughout the years Trump Would rely on Russian assistance quite often. From the financial and business side to the political and personal side.

Upon the merger of Trump’s, Truth Social and Digital World Acquisition Corp, Truth Social became, Trump Media and Technology Group. Before the merger Truth Social had been hemorrhaging money, showing significant losses on all quarterly reports.

In late 2021 the social media platform seemed as if it was doomed. In December of 2021, a Christmas miracle occurred in the form of two loans totaling eight million dollars, acting as a lifeline to the failing site.

These loans came as one for $2 million and another $6 million. The $2 million loan was from Paxum Bank, an entity tied with Russian President Vladimir Putin. Paxum Bank is partially owned by a man named Anton Postolnikov, who is related to a man named Aleksandr Smirinov (not the same As Alexander Smirinov that tried to relay Russian misinformation to the FBI, and was subsequently arrested for doing so in the House, Biden impeachment inquiry, political theater headed by James Comer of KY, but a different Smirinov) a former Russian government official, who runs Rosmorport, a Russian shipping company. There was $6 million loan paid by a separate entity by the name of ES Family Trust, who’s director at the time was the very same man who held the title of director at Paxum Bank, the same bank who loaned the smaller $2 million loan. You almost need a poster board with pictures, some tacks and yarn with that one!

In 2023 prosecutors in the U.S. Attorney’s Office for the Southern District of New York began an investigation into the Russian based financial backing and Trump Media and Technology Group (TMTG). The case is still ongoing.

We’re going to skip out of order here because this is already lacking brevity, so. Let’s turn to the end of Trump’s presidency, in the waning days, after the insurrection, Jan 16-20th.

After the disgraceful behavior Trump had engaged in upon losing the 2020 election to Joe Biden, Trump and his remaining staff were scrambling to exit the White House. On Jan the 18th, just two days from Biden’s inauguration, Trump requested the delivery of a binder.

This ten inch thick, treasure trove of documents contained some of the United States most closely guarded information and secrets. So much so that even lawmakers and congressional aides with top secret clearance could only view the binder, and information within, at the Central Intelligence Agency’s (CIA) headquarters in Langley Virginia. Inside were the highest levels of confidentiality and secret information from the United States, its allies, and top secret NATO intelligence as well. It was a collection on Russia, assets working for or against the Kremlin, sources, methods in which the U.S. government received its information and even an assessment of the Russian President Vladimir V. Putin.

Trump’s request was carried out under the care of the Presidents Chief of Staff Mark Meadows. Trump’s sociopathic narcissist disorder caused the exiting, disgraced President to feel the need to declassify a host of documents, including the FBI’s investigation into himself and Russia.

White House lawyers and aides hurriedly redacted names, dates, locations as fast as they could knowing the erratic behavior of Trump. His top administration officials would attempt to block the publication of the classified information. The day before leaving office, on Jan 19th, despite pleas from White House officials, aides and staff, as well as out of spite, Trump issued the declassification of nearly all the sensitive material, putting the lives of agents, informants, and sources in jeopardy. Multiple copies of the initial redacted version were printed out and were set to be distributed throughout Washington to Republicans in Congress and to right wing media outlets. The copies that did get sent out were quickly recovered by White House lawyers, demanding that further redactions were necessary.

Minutes before the inauguration of President elect Biden, Meadows rushed to get approval from the Justice Department, hand delivering the redacted copy for final approval.

Suspiciously, in all the chaos of the final 48 hours, and Trump’s temper tantrum, the original, unredacted, ten inch thick binder of the most sensitive material regarding the U.S. and its allies went missing. There’s a redacted copy in the National Archives, but the whereabouts of the original binder remains a mystery.

During the hearings on the criminality that occurred in Trump’s final weeks in office, aide, Cassidy Hutchinson testified that she saw Chief of Staff MarkMeadows leave the White House with the binder, suggesting that her assumption was that he had put the top secret information in a safe, located at his home.

This brings us to our next act… Of sedition.

The declassification and illegal retention of the world’s most secretive binder was not the only act of treason Trump would engage in. After his loss in November and into December Trump had authorized the removal and transport of dozens of boxes of classified information, state secrets, nuclear secrets, U.S. and its allies war plans to various properties he owned.

The FBI was aware of the taking of the documents, after requesting their return several times a warrant was issued to Trump’s Florida “home” Mar-a-lago. It was coordinated out of respect, safety and to not make a spectacle of the raid, that Trump would not be present when the FBI searched his club/home.

What the FBI found was dozens of boxes containing the classified documents as well as other trinkets like magazines and newspaper articles, strewn around, knocked over and spilling in various locations such as a closet, bathroom, his youngest child Barrons’s room and a hidden room containing surveillance equipment for the property.

In thier assessment of the evidence they found 43 empty folders with tabs labeled, Classified, 28 empty folders labeled, Return to Staff Secretary or Military Aide. In the boxes, folders that weren’t empty included, 18 documents marked, Top Secret, 54 marked as, secret, 31 marked as, Confidential, and 11,179 other Government documents, some with photos that weren’t marked.

This case is the most egregious act of sedition of American President in our nations history. A Special Prosecutor, Jack Smith, was tasked by the DOJ of heading the case. In a stunning move of partisanship and a complete disregard of standing Jurisprudence, Federal Judge Aileen Cannon, a Trump appointee, would go against 50 years of precedent and dismiss the case under the grounds the the special counsel was improperly funded. The American people would be denied their right to get the truth about who, what, when and why these documents were retained, missing, and in the condition they were found. The binder talked about earlier was not in the trove of documents found at Mar-a-lago, its location remains unknown.

So yea! Russia Russia Russia… There’s SO much more Russian ties, scandals, shady business dealings to show but. If this is nearly as long to read as it was to write, I’m proud you made it all the way through.

I’ve been saying it for years, Trump is a Russian asset, I even made a bet saying in 20 years if it doesn’t come out that Trump was a Russian asset I owed this person a sloppy, dentureless blowjob (because I’ll be kinda old in 20 years and I assume I’ll have dentures).

Don’t be conned by Americans most notorious conman and give him the chance to steal and share even more of our state secrets. Vote Kamala Harris for President. Blue down ballot for real change in our country.

I may finish this and post the whole thing from 2013 to what we dove in to on my substack, which I’ll try to remember to leave a link in the comments section. Until next time. Let’s hope for the sake of our democracy Trump loses here in 2024 or maybe I’ll see some of you f*cks in Gitmo 😉😅😆☮️🇺🇸