☕️ UNPREPARED ☙ Wednesday, June 26, 2024 ☙ C&C NEWS 🦠

It's filed—our PREP Act lawsuit; Trump campaign's possible peace plan; good signs in primaries; Bannon gets help from House; Supreme's order days multiply; federal judge blocks Biden giveaways; more.

Good morning, C&C family, it’s Wednesday! The world is still turning, barely, and so our essential news roundup this morning includes: my most important lawsuit I’ve ever filed against the terrible, awful, no-good PREP Act; Trump campaign floats Ukraine peace plan and media recoils like vampires fleeing garlic; so-called Sqaud loses most rational member, who always wanted to be a fireman anyway; House Republicans muster the stones to support Steve Bannon’s emergency Supreme Court appeal; more Supreme Court order issuing days as we impatiently grind our teeth into a chalky, powder-like substance;  and a federal court blocks Biden’s newest vote-buying student loan forgiveness plan.

🗞 C&C ARMY POST 🗞

🪖🪖 Yesterday, we filed the most important lawsuit in my firm’s history.

I have been blessed, if you can call it that, with being jammed plumb spang into the center of the covid controversy since Day One. I sued over masks (and we won). I sued over vaccine mandates (and we won). But those early cases were only defensive border battles.

Now, at long last, it is time to go on offense. It is time to strike at the problem’s diseased heart, trying to win the war for good. I do not know whether the Lord will bless us with another victory this time. But I intend to make sure that the government knows it was in a fight.

The PREP Act is the 2005 federal law granting legal immunity to Pfizer and Moderna for horrible injuries and deaths, as well as to any hospitals or doctors who administered the vaccines or other covid treatments bearing the CDC’s official stamp of approval during the pandemic.

The breathtaking scope of PREP’s covid immunity extended far beyond the vaccines, to organ-destroying drugs like Remdesivir, barbaric treatments like the ventilator, and problematic practices like sending patients back home to wait until they got “really sick” before treating them.

The government giveth to pharma shareholders. And the government taketh away from everybody else. The PREP Act’s deployment during covid might have been the biggest, most harmful, and most expensive wealth transfer in history. It is a giant gold wrecking ball decorated with dollar signs.

It is bizarrely designed. Congress never actually approved Pfizer’s immunity. That mind-blowing act of deleting millions of citizens’ legal rights was done unilaterally and in secret by the Secretary of HHS, under Biden’s orders. Congress passed the terrible, badly-conceived, poorly-implemented PREP Act for safety, but nobody ever really thought it would ever be used at scale.

The PREP Act is where all the damage starts. And it’s where we can end it, with providence and a soupçon of rationality.

After six laborious months of research and hard work, yesterday my firm filed our new lawsuit seeking to strike down the PREP Act. We’re calling the complaint Moms for America vs. Becerra. It weighs in at around 100 pages. Here’s the link.

It’s no exaggeration that this is the most ambitious lawsuit I’ve ever filed. I’ve never sued the sitting President of the United States before. Before the pandemic, I’d have laughed up a lower intestine if someone said I would ever be practicing Constitutional law.

It would have been more likely I’d be playing professional basketball.

But here we are. To be clear, it’s not because I am any kind of special gift to Con Law or even lawyering generally. It’s only because nobody else is doing it. Our lawsuit includes novel legal theories that no one has yet raised, and I pray for its success.

To transcend the shocking excesses of the pandemic, this horrid, unconstitutional law must be crushed and burned to a cinder in the incinerator of history’s worst ideas.

Now that it’s filed, we start the hard part. We could not have gotten this far without all your support. We are all in this together. Stay tuned for more details.

🗞💬 WORLD NEWS AND COMMENTARY 💬🗞

🔥🔥 Yesterday, an appalled Reuters ran a story with the tortured headline, “Exclusive: Trump handed plan to halt US military aid to Kyiv unless it talks peace with Moscow.”

The new Trump Peace Plan, not officially endorsed yet by the candidate, was developed by his senior advisors and presented to the former President this week. It’s pretty simple. It calls for a cease-fire along current battle lines, and then would leverage the threat of more or less U.S. military aid to Ukraine to convince the parties to sit down at the negotiating table.

Even though the plan has yet to be finalized or formally adopted, overexcited reporters rushed to find out why it wouldn’t work.

Before reporters had even finished telling him the details, Ukraine’s former president, current martial law administrator, and top comedian Vladimir Zelensky immediately rejected the proposal in an incoherent, goose-stepping rant about turning Russia into a continent-sized sheet of radioactive glass, or words to that effect.

For Russia’s part, the Kremlin said it remains open to peace discussions, so long as they are realistic. Kremlin spokesman Dmitry Peskov told Reuters, “The value of any plan lies in the nuances and in taking into account the real state of affairs on the ground.”

The White House’s National Security Council said Biden would never ever make Ukraine negotiate with Russia; it’s none of our beeswax. "President Biden believes that any decisions about negotiations are up to Ukraine," NSC spokeslady Adrienne Watson primly said.

The good news, though, is the plan doesn’t require Zelensky’s agreement. Under the plan, if Trump wins, Ukraine won’t get any more military aid from the U.S. unless it starts trying to end the war. It’s that simple. He can’t have any more non-peace peace conferences without the Russians in swanky Swiss resorts.

Trump’s senior advisors, who came up with the proposal, based its simple, straightforward terms on their admittedly long tank article from April, but it’s easy to read and extremely informative.  If you have a few minutes, read the whole thing.

🔥🔥 The Associated Press ran a sad Squad story yesterday headlined, “George Latimer, a pro-Israel centrist, defeats Rep. Jamaal Bowman in New York Democratic primary.”

The least-known member of the hard-left “Squad” of Democrat Congresswomen, and its only token male member, Jamaal Bowman, lost his primary this week to a white centrist democrat who can knot a tie.

It was vexing. Now AOC has to try recruiting another man, so that the Squad doesn’t go back to looking like a squawking pack of crazed liberal women. Even though gender, whatever it is, doesn’t matter.

Unprosecuted insurrectionist Bowman is probably best known for his favorite trick of pulling the old Congressional fire-alarm to stop a vote, thereby interfering with an official proceeding. And you know what that means.

Most commenters consider Bowman’s failed primary to be early bad news for the rest of the Squad. We can hope.

In related good news, the Associated Press ran a companion story headlined, “Lauren Boebert, hard-right Republican, wins Colorado primary after moving districts.” Despite a tsunami of personal attacks and a coordinated GOP effort to block her, the Freedom Caucus member handily beat a crowded field of competing Republican primary candidates in Colorado’s newly-open fourth congressional district.

Boebert moved to the fourth district after former Republican congressman Ken Buck’s sudden and unexpected resignation in March. Buck blamed his resignation on frustration, not with Democrats, but with other Republicans, telling CNN: “Instead of having decorum—instead of acting in a professional manner—this place has really devolved into this bickering and nonsense.”

There has been much speculation about the real cause of Buck’s departure, with controversy focusing on his longing for the good old days when Republicans just agreed with Democrats all the time, and his hurt feelings from that time Matt Gaetz called him a prehistoric possum.

The bottom line is, Squad: -1, Freedom Caucus: +1. In other words, promising progress.

🔥 Yesterday, the Hill ran a hopeful story headlined, “Speaker Johnson to file brief supporting Bannon Supreme Court appeal.” It’s about time.

Bannon, 70, must report to federal prison this Monday, July 1st, for not cooperating enthusiastically enough with the democrats’ stupid January 6th Committee and “avoiding” a January 6th subpoena. Last week, Bannon filed an emergency appeal to the Supreme Court trying to stay his 120-day jailhouse stint.

In announcing last night that House Republicans will support Bannon’s emergency Supreme Court appeal, Johnson criticized the Democrats’ most widely televised Committee. “We’re working on filing an amicus brief because the January 6th Committee was, we think, wrongfully constituted,” Johnson told Fox News’s Sean Hannity. “We think the work was tainted. We think they may have very well covered up evidence and maybe even more nefarious activities.”

It might have something to do with the democrats illegally destroying all that committee work product, but who knows.

In unrelated news, DOJ chief Merrick Garland is currently defying a Congressional subpoena that didn’t come from an unlawfully constituted committee. And unlike Steve Bannon, Grandma Garland is flying around free as a bird.

The Supreme Court has its hands full this week, what with the Trump Immunity Decision pending plus court watchers are still hoping for a final decision on whether Nancy Pelosi’s gums are collapsing into a shrunken apple head. Unsurprisingly, yesterday the highest court in the land announced two more opinion issuing days. We expected this. Orders are now set to roll out today, tomorrow, and Friday.

I’m guessing the Trump decision will come out last.

🔥 Yesterday, Fox News ran an encouraging common-sense story headlined, “Arkansas Supreme Court eliminates gender neutral option for state IDs.”

Yesterday, Arkansas’s Supremes reinstated a state law banning an “X” as an option for ‘gender’ on driver’s licenses and state-issued IDs. A lower court blocked the bill earlier this month, arguing it would literally harm cross-dressers.

The ACLU pretended that making ‘X’ a non-option was some wicked new rule by wiley Republicans. “The only real emergency here is the one created by the state itself, imposing this rule on transgender, intersex, and nonbinary Arkansans,” said Holly Dickson, executive director of the ACLU of Arkansas.

The ACLU’s “emergency” doesn’t seem too emergent or very big. Fox noted that, out of Arkansas' 2.6 million active driver's licenses, only 387 were designated as "X" gender. Of the state’s 503,000 IDs, only 167 were marked with the mysterious “X.”

It’s now down to only 21 states plus Washington D.C. who still let gender confused people pick “X.” I hate to even ask this question, but if it’s such a problem, why not just take “gender” off of IDs completely?

🔥🔥 Finally, the Wall Street Journal ran a see-sawing op-ed yesterday headlined, “Biden Loses Again on Student Loan Forgiveness.” Again! Maybe this time it will stick.

After the Supreme Court blocked his sweeping student loan cancellation last summer, Biden bragged “we can’t have a debate because cannibal rappers named Ice Tea ate Donald Trump.” No, wait, that was a different time. What happened was, not one to let the top court in the land tell him what to do, Biden ineloquently boasted, in a hissed stage whisper, “That didn’t stop me.”

In a 61-page order, penned by two Obama-era judges, a Missouri federal court stayed most of Joe’s new and improved loan forgiveness plan. Eighteen states, including Florida, sued, arguing Biden’s so-called SAVE Plan — actually a giant SPEND plan — wasn’t authorized by Congress, turned loans into grants, and was overall uglier than a slimy hairball the judge’s hairless Persian recently coughed up.

The order held that Biden’s SAVE Plan likely violates the Supreme Court’s major questions doctrine, because it is “‘an enormous and transformative expansion in statutory authority without clear congressional authorization.’” And the court noted the $475 billion estimated price tag would “forgive nearly one-third of all student loan debt.”

Most voters are less enthusiastic about paying off other people’s student loans than Secret Service agents debating who’s going to take Biden’s bite-happy German shepherd Commander for its next walk.

“By attempting to saddle working Missourians with Ivy League debt, Joe Biden is undermining our constitutional structure,” Missouri’s Attorney General Andrew Bailey said. “Only Congress has the power of the purse, not the President. Today’s ruling was a huge win for the rule of law, and for every American who Joe Biden was about to force to pay off someone else’s debt.”

The student loan issue is such a dumb political football. If they wanted to solve it, it could be solved in about ten minutes by letting people with unaffordable student loans discharge them in bankruptcy. The Constitutional bankruptcy system already has all the safeguards to ensure people don’t take undue advantage, and only use it when necessary.

We could also charge colleges for unaffordable student loans, in whole or in part. There are lots of good ideas out there. Good ideas are like flowers, they bloom when nurtured in the right intellectual soil and are properly watered with encouragement.

But the Biden Administration is like an intellectual desert where they bury nuclear waste in discarded Round-Up barrels. Don’t expect any smart flowers to grow there.

Today we are thankful that common sense remains in much of the federal court system, this time in Missouri. That’s especially encouraging news since I just filed our PREP Act lawsuit. Here we go!

Have a wonderful Wednesday! Then get back here tomorrow morning for more delicious, educational, and extra-caffeinated Coffee & Covid.

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