Monthly Archives: February 2026

Who Drove the Settlement?

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Centerview Partners, a niche investment bank, agreed to settle a lawsuit brought by an intern who claimed she was terminated improperly over a disability she said she had. As is usual in many civil suits, the terms are unknown. The settlement came just before the trial was due to start, and

just a few days after the judge seemed to cast doubt on [Kathryn ] Shiber’s ability to claim the millions of dollars in compensation. During a pretrial conference Thursday, the judge said at one point that it would be improper for the jury to consider what she would have earned had she stayed at Centerview beyond the three-year program.

That timing raises questions in my suspicious pea brain, primary of which is who was the motivator for the settlement. Was it Centerview, looking to avoid the potential of an enormous payout to Shiber? Was it Shiber, who was satisfied with the settlement terms, whatever they are? Was it her lawyers, who in a fee-seeking imperative, bailed on Shiber since they no longer would be guaranteed their own enormous payout cut from those millions of dollars in compensation that otherwise would have been available to get access to?

Enquiring minds want to know.

It Hinges on the Meaning of….

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Missouri’s Attorney General, Katherine Hanaway, has gone to court to

bar the federal government from counting immigrants living in the country illegally when determining congressional representation and federal funding….

She added,

We are confident that the Census Bureau is going to start to plan for a census in 2030 where we don’t count illegal immigrants….

None of us American citizens believe illegal aliens should be allowed to vote. Counting their presence in apportioning 435 seats in House of Representatives among the several States is a different matter, though, and it’s not entirely up to the Census Bureau. Here’s what our Constitution has to say on House representation:

Article I, Section 2: The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative….

And

14th Amendment: Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion….

Every thirty thousand what, though? Citizens? Residents, which would include legal aliens? Anyone present at the time of enumeration, which would include illegal aliens?

The question hinges, also, on the definition of other crime, and here’s where things get truly serious. Illegal aliens, wherever present have committed the wrong of entering our nation illegally, and they compound their wrong-doing by remaining here in their illegal status. Are either of these crimes?

Title 8 US Code § 1325 – Improper entry by alien has this:

Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.

Our courts usually count illegal entry to be a misdemeanor, while illegal reentry is counted a felony. In this context, though, it’s a meaningless distinction: both misdemeanors and felonies are crimes in the legal sense. So it is, too, in our American English dictionaries. Merriam-Webster Online defines “misdemeanor” as a crime less serious than a felony.

With the 14th Amendment clarifying Art, Sect 2, and the Title 8 paragraph clarifying the nature of entering the US illegally, the case for not counting illegal aliens when apportioning Congressional representation should be straightforward.

A Cynically Irrelevant Argument

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Here’s the lede:

A coalition of climate and health organizations sued the Environmental Protection Agency on Wednesday in an effort to combat its repeal of a landmark climate finding.

Because of course they do. The landmark climate “finding” that has been repealed is the finding that plant food in the form of atmospheric CO2 actually is a pollutant. That fiction has expanded costs of living for us American citizens for decades, and its removal is good riddance. Nevertheless, the climate funding industry is waxing hysterical over the nation’s turn toward rationality.

Their suit proceeds, cynically, from an irrelevancy. Peter Zalzal, of the Environmental Defense Fund:

Repealing the endangerment finding endangers all of us. People everywhere will face more pollution, higher costs, and thousands of avoidable deaths.

Even were that true—it isn’t—it’s irrelevant. The question is an economic, and so a political, one. Our courts have no jurisdiction for hearing this argument. Our judges and Justices are bound by our Constitution and their oaths of office to uphold and defend it, and by their oaths they’re further constrained to rule based on the text of any statute that comes before them. They cannot, legitimately, rule based on what they wished our Constitution and statutes said, nor can they, legitimately, rule based on their personal views of what’s good or bad for our society.

This sort of suit should be tossed at the outset, with prejudice, and with sanctions on the lawyers and their employing firms for bringing frivolous suits.

A Rhyme in History?

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In the ongoing rise of tension between the US and Iran, which latter includes ties with Russia and the People’s Republic of China, The Wall Street Journal had this bit:

Iran is an important partner for Moscow and one that it wouldn’t want to lose, especially after the US deposed Nicolás Maduro, an ally of Russia, in Venezuela last month. At the same time, Russian President Vladimir Putin isn’t likely to come to the aid of Khamenei if US strikes appear on the verge of bringing him down.
“These relationships are highly pragmatic, highly transactional,” said Alexander Palmer, a fellow with the Center for Strategic and International Studies, a Washington-based think tank, on Tehran’s security ties to Russia and Iran. “They don’t have a sufficient strategic interest in Iran to be willing to go to war with the United States over the country.”

Early in WWII, the UK and Russia invaded Iran and occupied most of the country. The two had agreed to leave Iran six months after the war against Nazi Germany had ended. At the end of those six months, the UK began withdrawing, and Russia indicated it intended to stay for control of Iranian oil. It was only under pressure from the US that the Russians ultimately withdrew.

These days it’s another contest between Russia and the US for controlling influence in Iran. Should the current Iranian government fall, there will ensue two questions: one is whether a stable government be quickly formed and installed. In that event, there likely won’t be much Russia can do, especially as bogged down as the barbarian is in Ukraine.

The other question flows from the political chaos that will develop if no national-capable government is quickly formed. In that event, Russia will move to gain overt control over Iran’s domestic affairs, particularly with regard to Iran’s oil, of which Russia’s primary need is denial of the oil to the world market in order to prop up the prices Russia can get for its own oil, and with regard to Iran’s war materiel production, especially its drone production. From this, the question expands to include the US response to Russia’s moves for control and the contest between Russia and the US over that control.

Deterrence and the Need for It

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In the present…negotiations…between the US and Iran, the US wants

…Iran’s nuclear programs eliminated, regional proxy forces disbanded, and ballistic missiles dismantled. Iran is seen as unlikely to agree to the last point, because it doesn’t have much of an air force and relies on missiles as its main deterrent.

Iran won’t agree to eliminating its nuclear programs, most especially its nuclear weapons development and (future) production programs, either. Nor will it agree, in practice, to disbanding its proxy terrorist entities, no matter how much the mullahs and their negotiating representatives might lie about agreeing to do in any agreement.

The bit about deterrence is what’s important in this post, though. One component of this failure to agree is on the US’ negotiators. Iran has no serious fear of attack by its neighbors, and so no real need of deterrence, since Iran has nothing in the way of resources, either in raw materials or in production output, that any nation might want that can’t be gotten far more cheaply and far more beneficially for both that (those) nation(s) and for Iran through freely achieved trade agreements than from invasion, conquering, and occupation. Not even from putative adversaries like Saudi Arabia, Iraq, or Pakistan. Not even in tit for tat, blood for blood honor vengeance attitudes in the Middle East.

The US needs to make this case directly. President Donald Trump (R) already is hinting at it with his trade deal commentary, but he needs to be bluntly explicit about it.