Tag: bankruptcy

Pushback: Macy’s sued for its illegal discriminatory hiring policies

3:35 pm

Banned at Macy's
Banned at Macy’s

Bring a gun to a knife fight: The pro-bono non-profit legal firm America’s First Legal (AFL) has filed a federal civil rights complaint against Macy’s for its blatantly illegal diversity and inclusion policies that required hiring quotas bases solely on race.

You can read the complaint here [pdf]. AFL’s letter to Macy’s announcing the complaint is here [pdf]. As noted in AFL’s press release:

In a 2019 press release entitled “Bold Vision To Advance Diversity and Inclusion and Ensure The Company Reflects The Diversity Of The Customers and Communities Served,” Macy’s details its five-point plan with specific directives focused on achieving greater diversity for all aspects of the company’s business model.

The plan explicitly instructs Macy’s management to “[a]chieve more ethnic diversity by 2025 at senior director level and above, with a goal of 30 percent,” as well as to initiate a “12-month program designed to strengthen leadership skills for a selected group of top-talent managers and directors of Black/African-American, Hispanic-Latinx, Native American and Asian descent.” Quotas such as these are patently illegal under the law.

The language of that release is quite appalling. » Read more

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Cowardice and fear from Western leaders; Courage and determination from Israel and its Arab allies

1:00 pm

The model presently used by all leaders in the free world
The model presently used by today’s leaders
in the free world

If you wish to understand why the Middle East in general has had relatively few pro-Hama demonstrations — even in the Arab territories controlled by the Palestinian Authority in the West Bank — while the western nations have been largely engulfed by them — some of which have been violent and bluntly anti-Semitic by actually advocating the genocide of all Jews — you need only listen to the leaders of these countries, because those leaders reflect their populations and their overall attitude to the murder, rape, and beheading of innocent civilians, including children, by Hamas on October 7th.

In Israel Benjamin Netayahu made it once again very clear his country’s determination to eliminate Hamas and its terrorist cell in Gaza in a speech to his nation on December 2nd.

I state clearly and unequivocally: We will continue the war until we achieve all of its goals and it is impossible to achieve these goals without continuing the ground incursion. The ground incursion was essential in order to bring about the results up to now, and it is necessary to bring about future results.

I tell our friends around the world, you share our goal of eliminating Hamas and releasing our hostages; therefore, I also emphasize to them that there is no way of achieving these goals except by victory, and there is no way to achieve victory except by continuing the ground incursion. The IDF and the security forces are doing this with determination, strength and while upholding international law.

The second paragraph above was very specifically but carefully aimed at the leaders of Israel’s allies in the west, who from day one of this conflict have repeatedly waffled in their support, constantly looking for a way to stop Israel’s effort, to appease Hamas, and to make believe that an early end to this fighting, with Hamas still intact and in control of Gaza, will somehow bring peace. French President Emmanuel Macron illustrated their weaselly cowardice quite well during a press conference that same day:
» Read more

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Boeing dropped from competition for Air Force “doomsday” plane

6:09 pm

It appears that by mutual agreement the Air Force has eliminated Boeing in the competition to build a new replacement for the E-4B Nightwatch, what the military calls its “doomsday” airplane, designed to survive a nuclear war.

Sources told Reuters that Boeing – the incumbent manufacturer of the E-4B Nightwatch – could not agree with the USAF on data rights and contract terms for the replacement plane that began flying in the 1970s. In other words, the planemaker did not want to sign a fixed-price agreement.

…”Rest assured, we haven’t signed any fixed-price development contracts nor (do we) intend to,” Brian West, Boeing’s chief financial officer, told investors in October.

With Boeing out of the competition, Sierra Nevada (the parent company of Sierra Space) is left as the only bidder. It is also quite willing to operate under a fixed price contract.

As I noted in a comment thread after a reader first posted a link to this story,

Boeing is signing its own death warrant. The entire federal defense and space agencies are steadily switching to fixed-price, and will simply go to others if Boeing refuses to accept those terms.

In fact, those agencies will want to go to others, because Boeing is making it clear it can’t meet its contractual obligations.

This decision also tells us a great deal about Boeing as a company. Its inability to fulfill any contract under a fixed price means it no longer has the discipline to do anything right. It seems buying products from it at this point might be a very foolish proposition.

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Minnesota school brings sanity back to the classroom by banning smart phones

1:35 pm

The smart phone: Bad for kids
The smart phone: Proven very bad for kids

Making schools productive again: A Minnesota middle school has found that banning smart phones from all students during the school day has improved behavior both in and out of the classroom while improving the learning and social environment.

“I believe (the ban) is game-changing and will have lasting impacts on our students for years to come,” Maple Grove Middle School Principal Patrick Smith told WCCO. “There was no cross-the-table conversations, there was no interaction in the hallways,” he said. “And let’s be real, with these devices, our students – especially our teenagers – there’s a lot of drama that comes from social media, and a lot of conflict that comes from it.”

Last year, school officials banned student cell phone use for the entire school day, from 8:10 a.m. to 2:40 p.m., following a variety of issues at the school tied to the devices. “We have a culture and climate concern. We see issues that kids are getting on their phones through interactions of bullying, of setting up fights, just the gambit of a lot of the negative things kids are going back and forth on social media,” Smith said on the Chad Hartman Show, adding that the distraction from learning was also a major concern.

After a year school officials and parents are enthused by the results. Not only has the social atmosphere improved at the school, parents are reporting improvements in learning in their kids.

None of this is a surprise. » Read more

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Former Blue Origin engineer sues the company for wrongful termination

10:40 am

A former Blue Origin engineer, Craig Stoker, has filed a lawsuit against the company, claiming it fired him because he had reported unsafe conditions caused largely because the company’s then CEO, Bob Smith, interfered with operations and insisted these unsafe conditions be hidden.

According to the complaint, Blue Origin’s contract with ULA requires the company to communicate issues that could impact rocket engine delivery one year in advance; Stoker wanted to tell ULA the engines would likely be delayed. [Ed. Delays that ended up actually happening.]

But Smith had allegedly instructed Stoker not to share these production and delivery issues with ULA.

Ultimately, after an internal investigation, Blue Origin HR concluded that Smith did not create a hostile work environment, nor violate any company policies. Stoker objected to this conclusion; the complaint says that Stoker later learned that no one from the engine program was interviewed as part of the investigation.

The complaint also notes that

Smith’s behavior caused employees “to frequently violate safety procedures and processes in order to meet unreasonable deadlines.” Smith would “explode” when issues would arise, generating a hostile work environment, the complaint says. Stoker sent a follow-up email to the two VPs — Linda Cova, VP of the engines business unit, and Mary Plunkett, senior VP of human resources — that included a formal complaint against Smith.

According to the complaint, Smith then “spearheaded” Stoker’s termination because of his refusal to sweep the safety issues under the rug.

If the accusations of this lawsuit prove true, it provides another piece of strong evidence explaining why Blue Origin went from a productive company to an utter failure after Bob Smith took over in 2017.

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GAO: First Artemis manned landing likely delayed to 2027

10:28 am

A new GAO report says that the first Artemis manned landing on the Moon is almost certainly not happen in 2025 as NASA presently wants, but will probably be delayed to 2027.

You can read the report here [pdf]. It clearly references the delays experienced by SpaceX due to regulatory roadblocks, but couches its language carefully so as to lay no blame on the government for those delays, placing the problem entirely on SpaceX instead.

In April 2023, after a 7-month delay, SpaceX achieved liftoff of the combined commercial Starship variant and Super Heavy booster during the Orbital Flight Test. But, according to SpaceX representatives, the flight test was not fully completed due to a fire inside the booster, which ultimately led to a loss of control of the vehicle. Following the launch, the Federal Aviation Administration—which issues commercial launch and reentry licenses—classified the commercial Starship launch as a mishap and required SpaceX to conduct a mishap investigation. The Federal Aviation Administration reviewed the August 2023 mishap report submitted by SpaceX and, as a result, cited 63 corrective actions for SpaceX to implement before a second test.

SpaceX had planned this demonstration as the first test flight of the booster stage, as well as the first test with the Starship riding on the booster and the whole system experiencing stage separation. However, SpaceX representatives said their Autonomous Flight Safety System initiated the vehicle self-destruct sequence and the vehicle began to break up about 4 minutes into the flight after the vehicle deviated from the expected trajectory, lost altitude, and began to tumble. HLS [Human Landing System] officials said that while the flight test was terminated early, it still provided data for several Starship technologies, including propellant loading, launch operations, avionics, and propulsion behavior.

GAO graphic

Note how this language makes it seem like the launch was a failure, when in fact SpaceX never expected it to reach orbit and instead intended to use the problems that occurred during this engineering test launch to find out what engineering designs needed to be reworked.

This language illustrates the fundamental dishonesties that routinely permeate government actions. The funniest and most absurd example of this intellectual dishonesty however has to be the graphic posted to the right, taken from the GAO report. The graphic gives the false impression that Orion and Lunar Gateway are far larger than Starship, when in fact, several of both could easily fit inside Starship’s planned cargo bay. In fact, when Starship finally docks with Lunar Gateway the size difference is going to make NASA’s effort here seem very picayune. Apparently, the GAO (or possibly NASA) decided it needed to hide this reality.

The real problem NASA’s Artemis program faces is red tape coming from the FAA and Fish & Wildlife. The GAO fails to note this fact, which makes its report far less helpful than it could have been.

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Sutherland spaceport reconfigures design in effort to satisfy environmental concerns

9:57 am

Proposed spaceports surrounding Norwegian Sea
Proposed spaceports surrounding Norwegian Sea.

The Sutherland spaceport being built in the north of Scotland has announced plans to shrink its size in order to satisfy environmental concerns, likely raised by the many bureaucrats in the United Kingdom that have to approve its spaceport license.

Orbex is now consulting with the local community on proposed changes, including a smaller launch pad, to better protect the surrounding environment. There will also be smaller access roads, and the size of the integration facility, where rockets are assembled before launch, is to be reduced.

The company said: “These changes will make the building footprint smaller, leading to a reduction in peat disturbance and a lower impact on the groundwater ecosystem. The visual impact of the site will also be reduced, and there will be less disturbance to local watercourse crossings, with mammal migration paths widened to better preserve the natural environment.

Orbex has signed a 50-year lease to use this spaceport, and has been building its Prime rocket in a facility nearby. It had hoped to complete a first launch in 2023, but that is clearly not going to happen. It had applied for a launch license in February 2022, but apparently the Civil Aviation Authority (CAA) in the United Kingdom has still not issued it, almost two years later.

Much of the environmental opposition to the Sutherland spaceport was initially instigated by a billionaire who had invested in the competing Saxavord spaceport on the Shetland Islands. Though his lawsuit was dismissed in August 2021, this does not mean that the opposition by him and others has ceased.

Overall, it appears that like at Saxavord in Shetland, work at Sutherland has significantly slowed in recent months. It appears both are being blocked for regulatory reasons, delays that once again provide an opportunity for the spaceports being developed in Norway and Sweden.

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Real pushback: Corporate America eliminating college degree requirements for new hires

11:35 am

Increasingly viewed at useless educational institutes
Increasingly viewed at useless educational institutes

According to a new survey of 800 American companies, about half say they have now dropped their requirement that new employees have a college degree, with some businesses replacing this requirement with actual apprenticeship programs.

For example, Accenture launched an apprenticeship program in 2016 through which it has since hired 1,200 people, CNBC reported. Some 80 percent of those people joined the company without a four-year-degree.

Earlier this year, the company expanded the program with the goal of filling 20 percent of its US entry-level roles. ‘A person’s educational credentials are not the only indicators of success, so we advanced our approach to hiring to focus on skills, experiences and potential,’ CEO of Accenture North America, Jimmy Etheredge, told the outlet.

According to the report, 45% of all businesses surveyed intend to eliminate college degree requirements next year, while 55% say they have already done so. Major companies like Walmart, IBM, Facebook, Intel, and Microsoft have been public about their shift away from college degree requirments, while others like Google and Apple have done so more quietly.

According to this survey [pdf] from the Burning Glass Institute, which analyzed trends across 51 million job postings, this trend appeared to begin before the Wuhan panic, was accelerated significantly by it, but has continued subsequent. This short quote from that report however says it all:
» Read more

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House committee passes its new commercial space act on partisan vote

9:19 am

By a party-line vote of 21-17, the Republicans on the House Science, Space and Technology Committee yesterday passed the proposed new commercial space act that had been earlier formulated with industry input and approval, rejecting the alternative proposal that the White House had suddenly dropped on them two weeks ago.

The head of the committee, Frank Lucas (R-Oklahoma), outlined the problems with the White House proposal.

For Lucas, the Space Council’s proposal is a “needless expansion of government authority.” Instead of consolidating new regulatory authority at the Department of Commerce as proposed in H.R. 6131, the White House would assign some activities there and others to the FAA. “Whereas our bill creates a one-stop shop to the extent possible, under this proposal, organizations would be forced to get multiple licenses from multiple cabinet-level departments.” Along with other objectionable provisions, he concluded that “instead of streamlining already convoluted processes, the Space Council is adding to bureaucracy and stifling innovation.”

That White House proposal was also opposed by the industry, which saw it as a power grab that would stifle the industry.

Whether this bill will become law remains to be seen. The full House still has to vote on it, and then the Senate, and then Joe Biden has to be wheeled into his office, a pen handed to him, and someone must guide that hand to sign the bill. Considering that the White House staff opposes the bill, it might refuse to do this latter guiding. Similarly, the Democratic Party’s eagerness to expand regulation and the power of the federal government means that in the Senate it will likely oppose this bill as well.

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Hubble in safe mode due to gyroscope problem

8:58 am

One of the three working gyroscopes (three have already failed0 on the Hubble Space Telescope experienced repeated problems in mid-November, and has now put the telescope in safe mode while engineers trouble-shoot the problem.

Hubble first went into safe mode Nov. 19. Although the operations team successfully recovered the spacecraft to resume observations the following day, the unstable gyro caused the observatory to suspend science operations once again Nov. 21. Following a successful recovery, Hubble entered safe mode again Nov. 23.

The team is now running tests to characterize the issue and develop solutions. If necessary, the spacecraft can be re-configured to operate with only one gyro. The spacecraft had six new gyros installed during the fifth and final space shuttle servicing mission in 2009. To date, three of those gyros remain operational, including the gyro currently experiencing fluctuations. Hubble uses three gyros to maximize efficiency, but could continue to make science observations with only one gyro if required.

The long term plan when the telescope only has two working gyros, assuming no improvised maintenance mission is flown to Hubble to give it new gyroscopes, is to work with only one (treating the second as a back-up) in order to extend the telescope’s life as long as possible.

And though it is true that Hubble could continue to do science with only one gyro, images from that point will likely not be as sharp, and thus will end more than three decades of imagery that changed our perception of the universe.

The Chinese 2-meter Xuntian optical space telescope, now scheduled for launch in 2025, will likely then replace Hubble as the world’s top optical telescope. American astronomers better start learning Chinese, assuming China even allows them access. They will not have a right to complain, however, as it was their decision to not build a Hubble replacement, in their 2000, 2010, and 2020 decadal reports.

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Blacklisting is no longer enough, now the goal is justifying mass murder

3:05 pm

Rick, stating the truth in Casablanca
When will Americans finally wake up?

It seems the rising effort of many — mostly on the left but not entirely — to blackball and censor their opponents in the past decade is no longer satisfied with these ugly goals.

Now it seems the goal is to justify mass murder and the rape and torture of women and children. We can see this by what happened during a city council event in Oakland, California yesterday. When one Jewish council member, Dan Kalb, attempted to add language condemning Hamas to a resolution calling for a ceasefire in Gaza, he was greeted by boos and an unrelenting stream of locals not only opposing his amendment but denying that the mass murder by Hamas had even occurred, that it was instead committed by Israeli troops, and that anyone who dared disagree with them was a “white supremacist.”

The video below provides a quick selection of this hate and ignorance:
» Read more

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Dragonfly mission to Titan delayed by a year because of budget shortfalls

9:26 am

Even as NASA gave engineers approval to move forward on building the helicopter set to fly on the Dragonfly mission to the Saturn moon Titan, it also revealed that the mission’s launch has been delayed by at least one year because of budget shortfalls.

In a presentation at a Nov. 28 meeting of NASA’s Outer Planets Assessment Group (OPAG), Lori Glaze, director of NASA’s planetary science division, said agency leadership decided to postpone formal confirmation of the mission earlier this month, a milestone where the agency sets an official cost and schedule for the mission.

The delay in confirmation by NASA’s Agency Program Management Council (APMC), she said, is based on uncertainty about how much money will be available for the mission and other parts of NASA’s planetary science portfolio given broader budget pressures on the agency. “Because of these incredibly large uncertainties in FY ’24 and FY ’25 funding and budgets, the decision was made at that APMC to postpone the official confirmation,” she said.

The launch had been scheduled for 2027. When it will launch now is unclear.

Apparently (and not surprising since this is a NASA project) the mission is beginning to cost more than originally predicted. Furthermore, this shortfall is enhanced by the cost overruns from the Mars Sample Return mission. In fact, it appears that these cost overruns are impacting NASA’s entire planetary program, causing delays on many smaller missions in order to fund Mars Sample Return and the Europa Clipper mission (set to launch next year). Just as Webb wiped out most of NASA’s astrophysics missions in the 2000s and 2010s, this handful of big planetary missions is wiping out most of NASA’s planetary program.

The announced delay is also a typical NASA’s negotiating tactic with Congress, trying to pressure elected officials to cough up more money. For decades NASA would announce the need for crippling cuts to major and popular science projects unless Congress allocates it more cash for its most expensive projects, and for decades Congress has gladly done so. No one ever asks whether those expensive projects might be better off redesigned, or cancelled.

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Real pushback: Soldiers punished by Biden for refusing jab now sue for billions

11:48 am

Fighting the left's playbook
Fighting the left’s playbook

Bring a gun to a knife fight: The many military soldiers punished by Biden for refusing the Covid jab have now filed a class action lawsuit for what they expect to be worth billions.

Former troops are suing the U.S. government for lost pay and benefits due to the Biden administration’s military vaccine mandate, one of the lawyers who successfully brought down the Anthrax vaccine told Breitbart News.

Attorney Dale Saran, a retired Marine, and fellow attorneys Andy Meyer and Brandon Johnson are representing the former troops in three separate lawsuits they plan to turn into a class action lawsuit on behalf of all service members who were either kicked out or illegally ordered to stop drilling, resulting in loss of pay or benefits. Saran said the amount is in the “billions.”

“It’s worth billions. That’s just flat-out. That’s what it is in backpay. It’s billions of dollars,” he said.

Though only about 8,000 active-duty troops were kicked out of the military due to the Biden jab mandate, the lawyers estimate another 80,000 to 100,000 soldiers are due compensation for lost benefits because they were made inactive or forbidden from participating in drill activities.

The lawsuit has been filed in U.S. Court of Federal Claims, a specialized court where illegal military discharges are heard. Lawyer Saran won a similar suit in that court over the military’s anthrax mandates back in the late nineties. The case now is likely stronger because, as he notes,

They were basically [without] the benefit of any due process. No boards were held. They didn’t hold any administrative separation boards; they didn’t hold any hearings. They didn’t do any federal recognition boards; none of the administrative or judicial procedures were used. They just flat-out did it.

This willful refusal to follow the law has been typical behavior by the left since the start of the Wuhan panic. The law no longer applies to them. They want to do something, they do it, even if it is illegal and hurts someone else. Shutter businesses illegally, silence opponents illegally, favor some races illegally, fire soldiers illegaly, mandate jabs and masks illegally, demand health records illegally: All okay because the good people are doing it! How dare you question their righteousness?

The worst aspect of these violations of law has been the meek willingness of everyone to go along with them. Most shameful.
» Read more

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Musk: Next Starship/Superheavy test launch could happen in only 3 to 4 weeks

9:50 am

Superheavy & Starship, on their way
Superheavy & Starship, shortly after liftoff on November 18th

In a tweet on November 19, 2023, Elon Musk revealed that SpaceX could be ready for its next Starship/Superheavy test launch in only a matter of weeks, assuming federal red tape doesn’t get in the way.

Starship Flight 3 hardware should be ready to fly in 3 to 4 weeks. There are three ships in final production in the high bay (as can be seen from the highway).

In reporting on the second test launch on November 18, 2023, I noted that with prototypes ready to go SpaceX could probably launch within a month. Musk has now confirmed that assessment.

I also predicted that the FAA and Fish & Wildlife would not allow such a thing, and though they will determine there is no reason not to launch again, they will not issue a launch licence until the February/April time frame.

I want this prediction clearly on the record. It is important for the public to know the source of these delays.

It is also important for the press to apply pressure on these government paper pushers so they don’t feel encouraged in their intransigence. When I made a similar (and wholly accurate) prediction in May about the second launch, many in the press criticized that prediction (directly and indirectly) for daring to say bad things about government regulators. Now it appears that others in the press are no longer so naive, and are willing to note the slowness of the licensing process.

The regulators might not want to stand in the way and are simply following procedure. The press however mustn’t treat them gently. It must hold their feet to the fire to make sure they don’t take their time doing so.

Moreover, we have seen fewer headlines claiming falsely that the rocket “blew up” or “exploded.” Instead, a large percentage of the press now got it right and noted the mission’s success and that the destruction was not an accident but part of the self-destruct system.

After the last launch I lambasted the press for getting these facts wrong. Maybe holding their feet to the fire forced a reassessment and better reporting this time around.

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Musk: Starship/Superheavy launchpad essentially undamaged after launch

12:37 pm

Superheavy launchpad post launch
Click for original image.

In a tweet posted only a short time ago, Elon Musk announced that the redesigned and rebuilt Boca Chica launchpad experienced little or no damage during the launch of Superheavy/Starship on November 18, 2023.

Just inspected the Starship launch pad and it is in great condition!

No refurbishment needed to the water-cooled steel plate for next launch.

Congrats to @Spacex team & contractors for engineering & building such a robust system so rapidly!

Musk included the picture to the right in the tweet, showing the essentially undamaged launchpad pad. A close looks suggests there was some damage to the rear pillar near the top, but overall it appears the next launch could occur here very quickly.

Musk of course is wrong about who he credits for redesigning and rebuilding this launchpad. The real credit must go to the FAA bureaucrats who led the investigation and must have clearly guided those SpaceX engineers and contractors. To expect private citizens to think for themselves and come up with such difficult engineering without supervision from government paper-pushers in Washington is unreasonable and unfair. Maybe the Biden Justice Department should consider another lawsuit against Musk, this time for spreading more disinformation!

Moreover, who cares that the launchpad deluge system worked exactly as planned? We must allow Fish & Wildlife to spend several months now to investigate this launch — as well as write a long report of many words — to make sure that deluge of water did not harm any of the wildlife that lives on this barrier island, which has a water table of essentially zero and is flooded regularly and repeatedly by storms over time.

Anyone who disagrees is clearly a bigoted racist who wants to harm little children!

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Jan 6th tapes prove Biden prosecutors knowingly falsified the charges that caused Matthew Perna to kill himself

12:11 pm

Matthew Perna, dead because he expressed his opinion
Matthew Perna, essentially murdered by the Biden Justice Department

They’re coming for you next: Thirty-seven-year-old Matthew Perna came to Washington DC on January 6, 2021 to peacefully protest Joe Biden’s election. During those protests, Perna admitted he entered the Capitol through a door that had been opened by others (possibly government security police themselves). While inside he said he had walked through the building for a few minutes, didn’t touch or damage anything, and simply stayed within the normal walking path for visitors as he took pictures.

For this “criminal activity,” Biden prosecutors at the Department of Justice had charged him with multiple crimes, including a felony for committing terrorism that could have resulted in a twenty-year prison sentence. While Perna was willing to accept a trespassing misdemeanor — he recognized he had entered a closed facility without clear authority — the felony for terrorism crushed him. He knew the January 6th trials were imposing the harshest penalties. He knew the prosecutors and judges were not taking reasonable plea deals. And he knew that even if he agreed to a deal, the best he could expect would still be many months or even years in prison.

This unjust fate was something he could not face. On February 25, 2022 he killed himself.

Biden prosecutors immediately thereafter dropped the trumped-up charges against him, admitting that the felony charge itself would likely have been dropped during trial.

In other words, the government not only rubbed salt in the wounds of his family, it admitted openly that its charges against Perna were a sham to begin with.

We now have visual proof that Perna was innocent, and that proof was in the hands of federal prosecutors from day one.
» Read more

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House committee delays vote on commercial space bill due to new White House proposal

8:59 am

Because of the sudden announcement by the White House of its own version of a new commercial regulatory space bill, the House Science committee was forced to delay the voting on November 15, 2023 of its own new commercial space bill, put forth by Republicans.

The committee met Nov. 15 to mark up the Commercial Space Act of 2023 and one other bill. At the end of the markup, lasting more than three and a half hours including a recess, the committee’s chairman, Frank Lucas (R-Okla.) said the committee would delay votes to advance both bills until after the Thanksgiving break because of votes on the House floor and “and the nature of additional information that has become available to us.”

The latter comment appeared to be a reference to a legislative proposal released by the White House’s National Space Council less than an hour before the markup regarding a mission authorization concept for new space activities. That proposal would establish a system where both the Commerce Department and the Transportation Department would oversee activities not regulated today, based on the type of activity.

The House bill, introduced Nov. 2 by Lucas and space subcommittee chairman Rep. Brian Babin (R-Texas), would create its own mission authorization system at the Commerce Department. It would also direct Commerce to hand over responsibility for a civil space traffic coordination system to a consortium led by an academic or nonprofit organization, rather than keeping it within the Office of Space Commerce as currently planned. Lucas, in his opening remarks, said he was aware of the new White House proposal but has reservations about it. “These proposals, I fear, simply go in the wrong direction and hurt rather than support America’s space industry,” he said.

Both bills were aimed at realigning the regulatory regime governing private space activities. The House bill’s final form apparently had been written with a lot of industry input. The White House bill, supported by Democrats, appears designed instead to clamp down on commercial space by allowing the federal bureaucracy to regulate everything.

Both bills unfortunately give too much power to the federal government, though the Republican bill at least tries to shift some of that power to the private sector, where it belongs.

One of the main reasons we have had a rennaisance in commercial space in the past decade is that there has been little regulation. The private sector has been left to regulate itself, and it has generally done so very successfully because of the invisible hand of free market forces. Build things right and the world beats a path to your door. Do it badly and no regulation is needed, you go out of business.

Modern Americans no longer trust these fundamentals of freedom and capitalism, and so we have a rush by government to establish “rules,” none of which will really accomplish anything but slow development and innovation and squelch this emerging industry.

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Biden White House proposes major expansion of the regulations governing commercial space

9:23 am

We’re here to help you! The Biden White House yesterday proposed a major expansion of the regulations that govern commercial space, with the changes aimed at splitting all regulation within the Transportaion and Commerce Departments, but expand the regulations to so as to increase the power of the government over all future activitives, from rockets to spacecraft to space stations.

According to the White House’s statement [pdf]:

Specifically, this proposal would amend 51 U.S.C. 50902 to define a “human space flight vehicle” as a vehicle, including a launch vehicle or reentry vehicle, habitat, or other object, built to operate in suborbital trajectory or outer space, including on a celestial body, with a human being on board. A license would then be required for a citizen of the United States to operate a human space flight vehicle in outer space. (51 U.S.C. 50904).

DOT would authorize the operation of a human space flight vehicle consistent with public health and safety, safety of property, space sustainability, international obligations of the United States, and national security, foreign policy, and other national interests of the United States. (51 U.S.C. 50905). This proposal adds “space sustainability” and “other national interests” to DOT’s current authority. Including “space sustainability” would allow DOT to include debris mitigation and require measures to protect the sustainable use of outer space in their regulations, to include the mitigation and remediation of orbital debris and consideration of impacts to the space operational environment. [emphasis mine]

Essentially, these new rules — purposely written to be vague — will allow the government to forbid any activity in space by private citizens it chooses to forbid. No private space station could launch without government approval, which will also include the government’s own determination that the station will be operatied safely. Once launched, the vagueness of these regulations will soon allow mission creep so that every new activity in space will soon fall under its review.

Since no one in the government is qualified to supervise things like this, in the end politics and the abuse of power will be the rule.

Moreover, by what constitutional right does the federal government have to supervise the work of all space companies, in all things? It doesn’t have that right, and in fact the Constitution was written expressly to forbid it from attempting such a thing. The Constitution however is nothing more than fish wrap in modern America.

Note that most other news reports on this proposal are making it sound as nothing more than a simple revision of the law to better organize the regulatory system. The assumption is always that the government is all-knowing and all-seeing, and has the ability to act as school teacher for everyone else.

Initially we can expect these regulations will be followed with good faith, but such things never last. Given time they will end up squelching freedom in space and the entire American effort to colonize the solar system. And should any American colony become reasonably self-sufficient under these rules (something not likely), the rules guarantee that they will revolt from American rule as quickly as possible.

At this moment this proposal is simply that. Congress needs to review it and decide if it wishes to do as the Biden White House proposes. Though it is unlikely it will pass as written, it is also likely that our present Congress will simply reword it to accept this expansion of power, in some manner.

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The right’s general lack of unity and support

1:29 pm

The right's circular firing squad
The right’s approach to its own side.

Rather than write another depressing essay detailing the uniform madness on the left, with its eager desire to censor, blacklist, and imprison its opponents — now topped by a desire to see Jews slaughtered — I think I will let a short essay by Mark Judge speak for me:

The Left uplifts its artists. Why doesn’t the Right?

Key quote:

When a gifted young singer or filmmaker emerges on the left, the entire media ecosystem works in tandem to lift that person up. They are noticed in Vanity Fair, the Hollywood Reporter, the Washington Post, and the New York Times. There are profiles on the morning shows, grants and financial support. Everybody pulls in one direction.

On the right, it is almost the opposite effect. “There is a lot of gatekeeping,” Roland tells me. “Everyone is protecting their own turf.” Conservative media companies want to promote their own product. Whereas on the left everyone lends a hand to uplift talent, on the right there is more of an effort to ignore it.

Judge notes this pattern based on his own experience, as well as that of a conservative filmmaker he interviews. Judge, a journalist and author, became well known when he was accused falsely during the Kavanaugh hearings of participating in the left’s made-up rape story. Since then his career has moved forward, but as he so correctly notes, not with the kind of support you’d think he should get from the right.

I say he is correct because like him and that filmmaker, I have had the same experience now for decades. » Read more

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FAA and Fish & Wildlife approve further launches of Starship/Superheav at Boca Chica

12:35 pm

Starship/Superheavy flight plan for first orbital flight
The April Starship/Superheavy flight plan. Click for original image.
The slightly revised flight plan for flight two can be found here.

Starship stacked on Superheavy, September 5, 2023
Starship stacked on Superheavy, September 5, 2023,
when Elon Musk said it was ready for launch

UPDATE: The FAA has now issued the launch licence [pdf]. Note it adds that the FAA and Fish & Wildlife have imposed new requirements (as noted in the announcements below) on SpaceX on this and future launches, all of which will have to be reviewed after each launch.

Original post:
————————-
Both the FAA and the Fish & Wildlife department of the Interior Departiment today released their completed investigations of the environmental impacts created by the first test launch of SpaceX’s Starship/Superheavy rocket in April 2023, and (not surprisingly) concluded that the launch did no harm, and that a second launch can be allowed.

The FAA report can be found here [pdf]. The Fish & Wildlife report can be found here [pdf]. Both essentially come to the same conclusion — though in minute detail — that Fish and Wildlife had determined in April 2023, only a week after that first test launch.

No debris was found on lands belonging to the refuge itself, but the agency said debris was spread out over 385 acres belonging to SpaceX and Boca Chica State Park. A fire covering 3.5 acres also started south of the pad on state park land, but the Fish and Wildlife Service didn’t state what caused the fire or how long it burned.

There was no evidence, though, that the launch and debris it created harmed wildlife. “At this time, no dead birds or wildlife have been found on refuge-owned or managed lands,” the agency said. [emphasis mine]

In other words, the investigation for the past seven months was merely to complete the paperwork, in detail, for these obvious conclusions then.

As part of the FAA action today, it also issued range restrictions for a November 17, 2023 test launch at Boca Chica. Though there is no word yet of the issuance of an actual launch license, it appears one will be issued, and SpaceX is prepared for launch that day, with a 2.5 hourlong launch window, opening at 7 am (Central). SpaceX has already announced that its live stream will begin about 30 minutes before launch, at this link as well as on X.

Hat tip to BtB’s stringer Jay and my reader Jestor Naybor for these links.

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Real pushback? 1600 Harvard alumni demand the university take action against campus anti-Semitism

11:15 am

Is Harvard really willing to oppose bigotry?
Will Harvard really shut down to its racist programs?

Bring a gun to a knife fight: In what is certainly an encouraging sign that many Americans are finally waking up to the utter bankruptcy of modern academia, a group of 1,600 Harvard alumni on November 11, 2023 sent a letter to Harvard demanding it make some forceful response to the growing anti-Semitism on its campus.

Of the group’s six demands, these two stand out as most likely to accomplish some good:

  • An immediate plan and robust commitment by the College and University to curb the dissemination of hate speech and to limit the disruptiveness of rallies so that they do not interfere with students’ abilities to participate in their classes, to enter into their own dorms, and to move peacefully through the campus. In particular, we ask for the addition of religion as a targeted category for harassment in the College Handbook and for the University, and the codification of calls for violence targeting civilians as outside of acceptable behavior for University students or faculty.
  • The creation of a commission to study the roots of antisemitism on campus by investigating whether aspects of the university curriculum, the DEI framework, faculty training (or the lack thereof), and certain campus events perpetuate unreflective narratives about Jewish people and the state of Israel.

» Read more

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NASA “pauses” Mars Sample Return mission

9:11 am

Perseverance's first set of core samples, placed on the floor of Jezero Crater
Perseverance’s first set of core samples,
placed on the floor of Jezero Crater

Faced with a strong threat of major budget cuts from the Senate, NASA has decided to “pause” the Mars Sample Return mission (MSR) by ramping back some work to consider major changes to the project.

We brought Steve [Thibault] downtown to be the chief engineer in the Headquarters MSR program office … leading a team that consists of all the implementing centers and our European colleagues to stand back and take a look at the architecture with a fresh set of eyes and figure out not only just how to improve our technical margins and make the mission more robust, but also to see if there are ways to implement it in ways to potentially save costs. We’re also going off and listening to industry and seeing what ideas they have.

While the House had approved NASA’s budget request that exceeded $1 billion to complete the mission (more than double its original price tag), the Senate responded by only allocating one quarter of that, demanding NASA come up with a plan that would match its original budget number. This Senate pressure was enhanced by an independent review that harshly criticized the present design of the project, which involves three NASA centers, European participation, and multiple American companies, all building different components that must all interact perfectly.

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Musk: Government approval for 2nd Starship/Superheavy launch expected before Friday

8:35 am

According to a tweet today by Elon Musk, he has been informed that the federal government will give its blessing for SpaceX to conduct the second Starship/Superheavy test launch from Boca Chica in time for a Friday November 17, 2023 launch.

The launch window opens at 7 am (Central) and lasts until 11:20 am.

Let us all now bow our heads to our lords and saviors at the FAA and Fish and Wildlife for finally deciding to allow this once-free American to simply do something the government was once forbidden from blocking. The worst part is that the fundamental law that forbids such government interference (its called the Constitution and the Bill of Rights) has not been officially repealed, merely morphed into nothing more than fish wrap while everyone decided to look the other way.

Be warned: Even if by some miracle this second test launch goes perfectly, these government agencies are still not going to allow a quick turn-around for a third launch. No, they will put SpaceX through the same investigatory grind, eating up months. And if the more likely scenario occurs, and the launch does not go perfectly, I guarantee the grind will go on longer.

Sovereign power now resides within Washington, not the people of the United States. The proof is how so many of those people now consider this situation normal and expected.

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Real Pushback: Conservative family sues Biden Justice Department for “‘Malicious and Retaliatory Prosecution”

12:27 pm

The Houck Family: Targets of FBI harassment and arrest
The Houck Family: Targets of FBI harassment and arrest.
It is surprisng the Gestapo FBI didn’t frog march the mother
and her children to prison as well. Can’t have anyone raising
children to be Christian and upstanding, can we?

Bring a gun to a knife fight: Mark Houck, who was arrested by a Justice Department SWAT team aiming guns and rifles at him and his family and was quickly found innocent of all charges, has now sued the Biden Justice Department and Merrick Garland for committing a “malicious and retaliatory prosecution.”

Actually, two lawsuits were filed. While Houck has sued for $1.1 million, his wife Ryan-Marie Houck is seeking $3.25 million in damages for the mental harm the arrest caused herself and her children.

Ryan-Marie Houck’s complaint describes how profoundly her husband’s arrest has impacted their children, Mark Jr., Ava Marie, Kathryn, Therese, Joshua, Augustine, and Imelda.

“Her children have also suffered immense emotional trauma and physical manifestations of stress that Mrs. Houck has carried alone while her husband was away during his imprisonment and prosecution,” the complaint says. Most tragically of all, her complaint says, Ryan-Marie and Mark Houck have lost three babies through miscarriages “due to the stress of the FBI’s conduct and resulting prosecution.”

“The stress of these events was so difficult that the Houcks have been diagnosed with infertility,” the complaint says.

This story is an update of two previous blacklist columns, in September 2022, just after the arrest, and January 2023, after Houck was found innocent of all charges. From the beginning the charges by the Biden Justice Department could clearly be seen as trumped up and malicious. The original minor pushing incident between Houck and pro-abortion activist — in order to stop that activist from harassing his young son — was so minor that a local court had immediately dismissed it. When Justice renewed those charges Houck told them he would be glad to surrender himself peaceable.

Instead, Justice sent a well-armed large SWAT team to invade his home at 6:30 in the morning, pointing weapons at everyone, including the screaming children. » Read more

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Spanish court indicts two high-altitude balloon companies for stealing from third

9:16 am

In a legal battle between the three Spanish high-altitude balloon tourist companies (Zero-2, Halo, and Eos-X), a court in Spain has indicted the latter two for stealing trade secrets from the first.

The case stems from Zero 2 Infinity’s allegations that the people hired to raise money for its space tourism business established two competing firms based on Zero 2 Infinity’s intellectual property.

After asking for extensive documentation to share with potential investors, some of the individuals indicted “changed the logo in the presentations and managed to raise 1 million euros for a company that was just a website with some” computer generated imagery, Jose Mariano Lopez-Urdiales, Zero 2 Infinity founder and CEO, told SpaceNews. “They thought they could do that because Zero 2 Infinity was in financial distress, in part because we were expecting that 1 million euros to arrive.”

…The law in question carries potential penalties “of imprisonment from three to five years” if the secrets in question were “disseminated, revealed, or transferred to third parties” in addition to fines, Spanish attorney Leonardo López Marcos, co-founder of the International Legal Center for Space Sustainability, said by email.

One of the companies, Halo, apparently used the fund-raisers as a go-between so that it never had any direct links to the original company, Zero-2. Of the three companies, Halo has now done the most test flights. Whether this ruling will force it to shut down remains unclear.

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FCC extends SpaceX’s communications license for Starship/Superheavy launch

6:46 pm

The FCC tonight extended SpaceX’s communications license for Starship/Superheavy launch from December 1, 2023 to February 23, 2024.

Though there are a lot of rumors that Fish and Wildlife is about to approve the launch, which will allow the FAA to issue the actual launch license, this extension suggests SpaceX is covering its bets in case the approvals are further delayed, or if they are approved in November weather issues force a delay into December.

I remain pessimistic about a November launch, not because I don’t want it to happen (I do), but because I have no faith in the federal government’s desire to allow it to happen. The bureaucracy has now delayed this launch more than two months (SpaceX was ready to launch in September) and the politics continue to sugges the delays will continue.

Hat tip to BtB’s stringer Jay for the link.

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Intellectual dishonesty caused the experts to misread the Gaza military situation

3:50 pm

Lies from CNN
Lies from CNN

Lies from MSNBC
Lies from MSNBC

Before Israel began its full scale ground assault on Gaza and the Hamas tunnels two weeks ago, the general consensus from practically every expert interviewed or writing about the attack assumed it would be long, hard, and difficult, taking many months before Israeli troops were able to take control of the Gaza strip and render Hamas impotent.

A good example of that analysis can be seen in this October 13, 2023 article. To quote:

When the huge force Israel has amassed is finally given the orders to enter Gaza and destroy Hamas, they will face a deeply dug-in, well-armed enemy with thousands of anti-tank weapons, drones, and small arms on the most complex battlefield there is. Hamas will be fighting from tunnels, sewers, and strong points set up in high-rise buildings and rubble. They will rake incoming troops with machine guns from alleyways and windows, as well as employ heavier weapons from rooftops and prepared cover, and then melt into the urban maze that makes up much of the Gaza Strip. There will be no element of surprise for this sojourn into deeply hostile territory.

Israeli troops “will face the greatest challenge of their lifetime,” John Spencer, chairman of urban warfare studies at the Modern War Institute (MWI) at West Point told The War Zone. “Attacking a defended city like this will be combat in hell. I do believe they can do it, but the cost will be high in urban warfare like this, since they will be attacking multiple cities.”

All the experts generally predicted the offensive would take months, and would involve huge casualties on the Israeli side.

I however predicted that the offensive, though not easy, would unfold far faster than these predictions.

This invasion will not be easy, but I also suspect it will not be as hard as many have suggested. Hamas’s power is mostly that of a bully, all threats and violence against the weak and helpless, with little real military capabilities. Israel now enraged is neither weak nor helpless. It will steadily but implacably work its way through Hamas’s tunnel system, but I think it will do so within a month.

Based on this report today, the experts now admit their pessimistic assessments were all wrong, and my analysis was right.
» Read more

19 comments

Federal judge throws out Justice’s discrimination lawsuit against SpaceX

9:36 am

A federal judge in Texas yesterday dismissed the Biden Justice Department lawsuit against SpaceX that accused the company of discrimination for not hiring illegal immigrants.

A federal judge in Texas on Wednesday halted the Justice Department’s case, after the company called it “factually and legally insupportable.” Musk has argued that SpaceX was barred from hiring foreign nationals because of restrictions placed on sharing of information related to rocket technology.

The Justice Department had been investigating SpaceX’s hiring practices since 2020 after receiving a complaint from a person who claimed he was turned down for a job after revealing during an interview that he wasn’t a US citizen or a lawful permanent resident.

At the present Biden’s Justice department has not responded to this decision. The lawsuit might have been idiotic on its face, but its deeper intention was simply to harass SpaceX and Elon Musk — now considered an enemy to Democratic Party rule — and in that it has so far succeeded. Appealing this decision will continue that harassment, even if it is patently obvious that the suit has no merits at all.

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Japanese billionaire finally concedes his Starship Moon mission won’t happen in 2023

9:14 am

Japanese billionaire Yusaku Maezawa finally admitted publicly today that his manned Moon mission using SpaceX’s Starship/Superheavy rocket won’t happen in 2023 as first announced in 2018.

The most significant part of the announcement? “”We’re not sure when the flight will be,” Maezawa noted on X. Though SpaceX and several news sources claim that federal approval for the next test launch could occur as soon mid-November, Maezawa — as one of SpaceX’s most important customers — might have more detailed non-public information about that approval process.

Even if that second flight get approved and flies in November, it does not mean Maezawa’s manned mission will soon follow. SpaceX will certainly not be ready for manned Starship launches following this test. It will likely require at least a few more unmanned test launches, with each likely delayed months by the same federal bureaucracy that delayed the second test launch by months.

Unless something significant changes in how the federal government is regulating SpaceX at Boca Chica, the first manned flight of Starship is likely years away, no sooner than 2025, but more likely 2026 or 2027.

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The Democratic Party and its voters endorse bigots and murderers

2:28 pm

Democrats: The party of genocide and bigotry
Democrats: The party of genocide and bigotry

My headline could not be more blunt, but it is also an honest appraisal. Today, when the House of Representatives voted 234-188 to censure congresswoman Rashida Tlaib (D-Michigan) for her support for Hamas and her public endorsement of its goal to kill all Israelis, 184 of those nay votes were Democrats. Only 22 were willing to condemn her actions.

What did these Democrats vote against? Here is what the House resolution [pdf] stated Tlaib was guilty of doing:

Whereas Representative Rashida Tlaib, within 24 hours of the October 7 barbaric attack on Jewish citizens of the State of Israel, representing the deadliest day for Jews since the Holocaust, defended the brutal rapes, murders, be-headings, and kidnapping – including of Americans – by Hamas as justified ‘‘resistance’’ to the ‘‘apartheid state’’;

Whereas Representative Tlaib’s October 8 statement claimed that Hamas’ October 7 attack on the Jewish people was partly attributable to United States security aid provided to Israel, which ignores the fact that the Iron Dome, a co-developed air defense system, saved lives that day by intercepting rockets launched from the Gaza Strip against Israeli civilian targets;

Whereas on October 18, 2023, Representative Tlaib continued to knowingly spread the false narrative that Israel intentionally bombed the Al-Ahli Arab Hospital on October 17 after United States intelligence, Israeli intelligence, and President Biden assessed with high confidence that Israel did not cause the explosion;
» Read more

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