Claims And Issues

TAKE THAT COGNITIVE TEST, AMERICA.

President Joe Biden's Opponent says that someone named Ronnie Johnson demands that President Biden take the same cognitive test that Ronnie gave him.

          President Biden should respond only during the debate.  When it comes up, as it surely will, the President should say:

          I'm the only thing that's standing between you and the White House.

          Take that cognitive test, America.

Please read the disclaimer.  ©2024 Dennis J. Wall.  All rights reserved.

WATER ON A HOT DAY, ANY DAY.

I had always thought of workers as vendors.  In my eyes, the people who came to my house to do work got paid for their trouble.  I know.  I was the one that paid them.

          My wife, Dianne, looked at things differently.  She offered the workers water even when it was not a hot day.  Their work might make them thirsty.  That was enough.  It did not have to be a hot day on top of that.

          Now we are living through a time of High Heat.  Every day in Florida it seems is hotter than the last.  That's probably not strictly so, but in my mind, it's close to the truth.

          Even before the High Heat came, I was offering water to workers too.  I do not expect anything in return.  The workers appreciate it, even the ones who have brought water with them in the truck or in the car, and that's most of them.  I feel good just from the offer, myself.  That is enough.

GO FORWARD

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WHERE THERE IS NO VISION, THE PEOPLE PERISH.

 

Where there is no vision, the people perish.

--Proverbs 29:18.

 

GO FORWARD

SLAPP THEM SILLY! FELLOW TRAVELERS, WELCOME TO THE 2024 ELECTION.

A center at Stanford University for the study of misinformation and disinformation – let's just call it all propaganda so that we actually know what

(Image by Gridview-imagefull, FDACS)  we are talking about – has had to shut down because of the legal fees it has incurred.

 

          Stanford has issued a statement that the center will continue, but the center will not investigate propaganda any longer.

          Legal fees have been an instrument of propaganda for some time now.  The idea at work is that propaganda enthusiasts file lawsuits against their targets and force the targets to incur attorney's fees, whether the lawsuits have merit or not.  They usually don't have merit, according to the American Bar Association (may be behind a paywall)  which examined these Strategic Lawsuits Against Public Participation or SLAPP lawsuits.

          31 States and the District of Columbia reportedly have passed legislation, called Anti-SLAPP laws, which are designed to counter these lawsuits.  State Courts do not seem to encounter any problems applying Anti-SLAPP laws, but Federal Judges argue whether or not they should apply the laws in Federal Court; some judges do, some don't.  That stands to reason, what with so many people appointed to the Federal bench during the American Apocalypse between January 20, 2017 and January 19, 2021.

          SLAPP lawsuits, Federal judges refusing to enforce State Anti-SLAPP laws, and fees charged by lawyers are turned into weapons of destruction.  Not even Vladimir Putin and the KGB could have planned that better.

          Hmmm.  There's a thought worth thinking about.

Please read the disclaimer.  ©2024 Dennis J. Wall.  All rights reserved.

THEY WANT TO DEFUND THINGS. DEFUND THE SUPREME COURT?

They are always talking about defund this, defund that, whatever it is they don't like today.

          What if we take a leaf from their playbook, and defund the Supreme Court?

          That should slow the Gang of 6 down a little in their hard work of overturning our freedoms.

          It will unfortunately affect the Trio of Truth as well as the Gang of 6, but we have no choice.  I don't think we can selectively defund the Gang of 6, but I'm certainly open to the idea.

Please read the disclaimer.  ©2024 Dennis J. Wall.  All rights reserved.

SO YOU THINK THAT HE WILL WIN THE POPULAR VOTE?

It would be the first time ever.

Please read the disclaimer.  ©2024 Dennis J. Wall.  All rights reserved.

THIS WEEK, THIS LIFE, ALL THE TIME PRAYER.

Dear Lord, steady our pace so that we can see you in the people and challenges that will come our way today.

          --Rev. Herbert Yost

GO FORWARD

FLORIDA TOOK AIM AT KIDCARE. IT MISSED BADLY.

"Florida sued.  But it sued poorly."  These are the words of an Orlando Sentinel and South Florida Sun Sentinel Joint Editorial.

          Florida's lawsuit aimed to stop guidelines issued for KidCare, a health insurance program for children in need.  The guidelines were issued by the Federal Centers for Medicare and Medicaid Services ("CMS") and this was the guidance:  If the parents miss a premium payment or payments, the insured child must remain insured until eligibility can be re-determined.

          Florida opposed that.  The Attorney General of Florida filed the lawsuit without talking to CMS first; she did not exhaust Florida's administrative remedies before she filed the lawsuit, which is lawyering 101.

          She also filed Florida's lawsuit before Florida paid even one cent.  The complaint she filed speculated that Florida could lose as much as $48.5 Million.  Not suing until you have an injury is lawyering 102.

          As the newspapers pointed out, this "works out to 3.3% of this year's $14.6 Billion budget surplus, in a $117 Billion budget."  Further, the joint editorial points out that Florida has set aside $450 Million in the current budget for E-Pass relief for drivers who would otherwise pay that money in tolls, an amount which is "nearly 10 times as much" as what the Attorney General speculated Florida would pay under the new KidCare rule.  The Joint Editorial is aptly titled, Why is Florida Hell-Bent on Stripping Children of Health Insurance?                     

          That's taking the Attorney General's "Florida Dreaming" at face value.  Let's go back to looking at her lawsuit.  It was premature and Florida had no standing to bring that lawsuit.  That is why a federal judge dismissed it the first chance he got.

 U.S. District Court in Tampa, Florida where Florida's lawsuit was dismissed.

          The Attorney General wants to be the next Governor of Florida.  Her name is Ashley Moody.  This is her official portrait from the Department of Legal Affairs (Florida Attorney General) website:

Remember her.  She will take Florida places it never intended to go.

Please read the disclaimer.  ©2024 Dennis J. Wall.  All rights reserved.

FTC AND DOJ SEEK INFO ON SERIAL ACQUISITIONS AND ROLL-UPS.

The Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice are asking for information again.  Previously, both the FTC and the DOJ requested information regarding your experience in health care consolidations, mergers and acquisitions.

          Their current Request is for Information for Public Comment on Corporate Consolidation Through Serial Acquisitions and Roll-Ups.  It is a cousin to the previous request except that now they are requesting information from "all sectors and industries in the U.S. economy," to quote the FTC Press Release on May 23, 2024.

          To quote the Federal Trade Commission's June 9, 2024 Weekly Digest Bulletin, and specifically the lead article by Henry Liu, Director of the FTC's Bureau of Competition:  "You can play an important role in helping the antitrust agencies detect and deter serial acquisition strategies.  If you have any experience with serial acquisitions – as a consumer, worker, supplier, business or otherwise --please consider sharing that experience with us by submitting a public comment."  Your comments will help the antitrust enforcers understand how roll-up acquisition strategies can lead to "consolidation, higher prices, lower quality, or fewer choices for important products or services, leaving the American public worse off."

          As Mr. Liu explained in his article in the FTC Weekly Digest Bulletin, by law acquisitive firms are only required to tell the regulators about larger deals where one business acquires another, i.e., deals involving $119.5 Million or more.  Smaller deals fly under the radar.  Thus the description of these deals as "serial acquisitions" in which an acquisitive business buys up or otherwise takes over other businesses, one after another.  Private Equity firms are especially fond of this business strategy of serial acquisitions, and they generally call the strategy "roll-ups" because the PE firms roll up the competition by acquiring their competitors one business at a time.

          The deadline to leave Comments in reply to this Request for Information is July 22, 2024.  Share your experience and help us all with your knowledge!

          You can link to the Docket for your Public Comments in the above quotation from Liu's article, or you can proceed to www.regulations.gov.  You can leave your Comments for FTC-2024-0028, titled "FTC and DOJ Seek Info on Serial Acquisitions, Roll-Up Strategies Across U.S. Economy."   It's as easy as that, but just keep in mind that once your Comments are submitted, they will be posted to Regulations.gov where they will be available to the FTC, the DOJ, and the public.

Please read the disclaimer.  ©2024 Dennis J. Wall.  All rights reserved.

LOOK AT THIS MAN: WHAT SAYS $198,685,926/YEAR* TO YOU?

This is Jon Winkelried, the Chief Executive Officer of a Private Equity fund called TPG:

This picture of Jon and Abby Winkelried was supplied by the Winkelrieds to Vanderbilt University.

At TPG's Annual Meeting held this year on June 5, 2024, the following amendment available on TPG's website, was added to change its Articles of Incorporation.  It has the effect of eliminating, wherever possible, the liability of the Directors and Officers to TPG and its stockholders for breach of their fiduciary duties:

“7.1 Limited Liability of Directors and Officers. A director or officer of the Corporation shall not be liable to the Corporation or its stockholders for monetary damages for breach of fiduciary duty as a director or officer, respectively, except to the extent such exemption from liability or limitation thereof is not permitted under the DGCL as the same exists or may hereafter be amended. All references in this Section 7.1 to “officer” shall have the meaning ascribed to such term in Section 102(b)(7) of the DGCL.”

["DGCL" refers to Delaware General Corporation Law.  Here is a link to the Delaware Code provided by the State of Delaware.]

          From the perspective of TPG stockholders, the answer to the question posed at the outset had better be "yes."

          From the perspective of everyone else, what are you saying?

*Reported by Jeff Sommer, A New Measure Shows C.E.O. Pay at Even More Astronomical Levels, NEW YORK TIMES, online June 7, 2024 (may be behind a paywall).

Please read the disclaimer.  ©2024 Dennis J. Wall.  All rights reserved.

A PRAYER TO SEE THE OPPORTUNITIES.

Dear Lord, open our eyes to the opportunities that await us.

From a prayer written by Rev. Herbert Yost, C.S.C.

GO FORWARD

DR. FAUCI AND THE REAL STORY OF THE GREATEST GENERATION.

On this the 80th Anniversary of the D-Day landings in Normandy, the Greatest Generation demands that the real story of Dr. Fauci be told.

          Newspaper columnists and cable talking heads have wondered why Republican Members of Congress and other Republican officials and talking heads attack Dr. Fauci over the handling of the Pandemic.  Dr. Fauci is not responsible, that's why.  The attacks on him are a distraction of course.

          They do not attack the head of the CDC at the time.  He was appointed by Their Furor.

          They do not attack Dr. Deborah Birx, who ostensibly was an adviser of some sort to Their Furor.

          And of course they do not attack the person most responsible:  Their Furor. 

          Here it is, caught on tape.  Take a look in case you too have forgotten.  I have not forgotten.  And I am not distracted.  And I am not resigned.

Please read the disclaimer.  ©2024 Dennis J. Wall.  All rights reserved.

RECUSAL MOTIONS ARE SIMPLE. TELL THE LAWYERS TO FILE.

The recent behavior of Justice Alito and also of Justice Thomas lead people to reasonably question their impartiality.  This is the first and overall reason for them to recuse themselves in pending cases under the federal recusal statute.  28 U.S.C.A. § 455(a).

          Both of these gentlemen have involved their wives in their refusals to recuse themselves.  But the federal statute says that they shall "also" recuse when they each know that he (in this case, they are both "he's") "his spouse ... has ... any other interest that could be substantially affected by the outcome[.]"  28 U.S.C.A. § 455 (b)(4).  In my eyes, both of these gentlemen's statements are admissions that their respective spouses have an interest that could be substantially affected by the outcome in cases pending before them.

          Time is urgent.  The Supreme Court is going to issue its opinion in the immunity case and other insurrection-related cases any day now.  Obviously, it would be better to have a recusal motion filed before any opinions are issued.

          Since the lawyers for the United States have not filed a recusal motion, the people of the United States who reasonably question the impartiality of Justice Alito or Justice Thomas as judges in pending cases should make themselves heard.  I have been EMailing and writing just that and I urge you to contact these lawyers as well.  All it takes is to tell them that the recent behavior of Justices Alito and Thomas lead people to reasonably question their impartiality and that as lawyers with the United States for a client, these lawyers have an obligation to represent the best interests of their client and file a recusal motion now:

1. In the case of Trump v. United States, the immunity case:

Jack L. Smith, Esquire, Special Counsel; et al.

Department of Justice

950 Pennsylvania Ave, NW

Washington, D.C.  20530-0001

[email protected]

2. In the case of Fischer v. United States, one of the insurrection cases:

Elizabeth B. Prelogar, Esquire, Solicitor General; et al.

Department of Justice

Washington, D.C.  20530-0001

[email protected]

3. Everyone else:

J.P. Cooney, Esquire, Deputy Special Counsel

Department of Justice

950 Pennsylvania Ave, NW

Washington, D.C.  20530-0001

[email protected]

This lawyer has been involved in many cases involving issues of integrity and he is a former Chief of the integrity section of the U.S. Attorney's Office for D.C.

 

 

Matthew M. Graves, Esquire

U.S. Attorney for D.C.

Denise Cheung, Chief of the Criminal Division,

     U.S. Attorney's Office for D.C.

[email protected]

Liz Aloi, Esquire, Chief of the Public Corruption and

          Civil Rights Section, U.S. Attorney's Office for D.C.

The mailing address for everyone at the U.S. Attorney's Office for D.C. is:

U.S. Attorney's Office for D.C.

601 D Street, NW

Washington, DC  20579

Finally, the name and mailing address of the current Solicitor General of the United States.  She clerked for Merrick Garland when he was a judge:

Elizabeth B. Prelogar, Esquire, Solicitor General

Office of the Solicitor General

950 Pennsylvania Ave, NW

Washington, DC  20530-0001

Please read the disclaimer.  The contents of this blog article, exclusive of names and titles and addresses,  © 2024 Dennis J. Wall.  All rights reserved.

 

Dear Lord ....

Dear Lord, grant us a grateful heart when we feel discouraged.

            --Modified from a Prayer by Rev. Herbert Yost.

 

GO FORWARD.

NEW MONTH, NEW FAILURE BY PRIVATE SPACE VENDORS.

Now we've made the national news with SPACE THE FAILURE FRONTIER.  See Launch of NASA Astronauts in Boeing's Starliner is Scrubbed, NEW YORK TIMES online Saturday, June 1, 2024.  This is the second scrub for the Starliner.  The first was in May.

          At the rate of one a month, we can expect another failure in, what, July?

          To be fair to Boeing, many private corporations take taxpayer money to go into space and fail.  This one just made the national news and that's the only thing that  makes it different from the rest of the story.

Please read the disclaimer.  ©2024 Dennis J. Wall.  All rights reserved.