Biden admin sues Oklahoma over new law allowing arrest of illegal migrants

 The Biden administration filed a lawsuit against Oklahoma on Tuesday challenging a new law that allows local authorities to arrest migrants who are in the state illegally.

Republican Gov. Kevin Stitt signed local House Bill 4156 into law in April, which makes it a crime to enter Oklahoma without legal authorization to be in the US.

The Justice Department, which has sued Texas and Iowa over similar measures, argued that the legislation is unconstitutional. 

The Biden administration has previously sued Texas and Iowa over their state immigration laws.BRYAN TERRY/THE OKLAHOMAN/USA TODAY NETWORK

“Oklahoma cannot disregard the U.S. Constitution and settled Supreme Court precedent,” Principal Deputy Assistant Attorney General Brian Boynton said in a statement announcing the lawsuit. 

“We have brought this action to ensure that Oklahoma adheres to the Constitution and the framework adopted by Congress for regulation of immigration,” he added. 

The DOJ’s complaint charged that Oklahoma’s new law “intrudes on the federal government’s exclusive authority to regulate noncitizens’ entry and reentry into, and presence in, the United States” and is, therefore, “preempted” by federal law. 

“HB 4156 intrudes on that scheme, frustrates the United States’ immigration operations, and interferes with U.S. foreign relations,” according to the federal government’s lawsuit. 

The suit, filed in the US District Court for the Western District of Oklahoma, listed Stitt, state Attorney General Gentner Drummond and state Department of Public Safety Commissioner Tim Tipton among the defendants. 

The new law against “impermissible occupation” goes into effect July 1.

Oklahoma’s governor noted that the new state law does not give police the authority to racially profile individuals.BRYAN TERRY/THE OKLAHOMAN/USA TODAY NETWORK

A first offense would result in a misdemeanor charge, punishable by up to one year in jail and a $500 fine. Migrants convicted of illegally entering the US would be required to leave the state within 72 hours.

A second offense would result in a felony charge, punishable by up to two years in prison and a $1,000 fine. 

In May, the Biden administration sued Iowa over a law which allows state authorities to arrest migrants who were previously denied entry or deported from the US. 

The Biden Justice Department also sued Texas in January over a law which authorizes state authorities to arrest, jail, prosecute and deport migrants who enter the country between ports of entry. 

“I am disappointed this bill is necessary,” Stitt said in April, when he signed HB 4156 into law.

“Since President Biden took office in 2021, more than 10 million people have poured over the southern border. Countless individuals from across the globe, including thousands of Chinese nationals as well as people affiliated with terror organizations, have illegally crossed the U.S.-Mexico border. Oklahomans are concerned by who could be lying in wait for an opportunity to bring harm to our country.

“My sole aim is to protect all four million Oklahomans, regardless of race, ethnicity, or heritage,” he added, noting that the law does not give local law enforcement the authority to racially profile individuals or question people about their immigration status without reasonable suspicion of a crime.

The state attorney general vowed last week to fight back against any potential Biden administration litigation over the new law.

“One thing that has been glaring over the last 3.5 years is that the Biden Administration is only ‘committed’ to subverting the immigration laws of this country,” Drummond told DOJ in a May 17 letter. “Your misguided demands ignore that Oklahoma has not only the sovereign right, but also the solemn legal obligation, to protect its own borders and its own citizens.

“You are wrong about our law – and if the Biden Administration sues over it, I will vigorously defend Oklahoma and its people,” he added. 

https://nypost.com/2024/05/21/us-news/biden-administration-sues-oklahoma-over-new-law-allowing-arrest-of-illegal-migrants/

NJ gym owner who defied COVID shutdown cleared of all charges after years-long legal battle

 A New Jersey gym owner who defied the Garden State’s COVID-19 restrictions was cleared of more than 80 charges relating to a series of pandemic-era confrontations with police — and he celebrated by posting on social media that the governor could “suck his d–k.”

Ian Smith and Frank Trumbetti — co-owners of Atilis Gym in Bellmawr — racked up the summonses after they kept their workout spot open in May 2020 despite Gov. Phil Murphy’s mandate to close non-essential businesses.

At one point, cops even arrested some gym rats as they left the building — and the owners were hit with scores of summonses and eventually ordered to pay about $165,000 in fines for violating public health emergency rules, according to NJ.com.

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Ian Smith, co-owner of Atilis Gym in Bellmawr, has been cleared of his charges, according to reports and his attorney.Stephen Yang

Several of the charges — which included violating a governor’s orders, operating without a mercantile license, creating a public nuisance and disturbing the peace — could have landed the duo in jail for six months, according to their attorney, John McCann of Oakland, New Jersey.

But late last month, a municipal judge in Winslow Township dropped the charges — following a nearly four-year legal battle, McCann told the outlet.

“It was a just decision,” McCann told The Post on Tuesday, adding that the pair were improperly charged by local authorities.

“[The town] was not acting in good faith.”

Smith — who killed a 17-year-old while driving drunk in 2007, then was arrested for another drunk driving incident in March 2022 — celebrated his legal victory on Instagram with a post thanking his supporters and insulting the governor.

“This victory opens the battlefield again and gives us options to continue to push back and bring justice to the treasonous actions of Phil Murphy and his lackies,” Smith said, although he didn’t elaborate about what the “treasonous actions” might be.

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Smith and his business partner, Frank Trumbetti, also had to may about $165,000 in state fines for defying the COVID mandates.Stephen Yang

“Suck my d–k Phil Murphy,” the gym owner added.

Neither local nor state officials decided to appeal the ruling, McCann said.

“When you look at this, it didn’t make a lot of sense at the time,” McCann told NJ.com.

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Atilis Gym owner Ian Smith when he announced his candidacy for congress.Instagram/@iansmithfitness

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A police officer issues Atilis Gym co-owners Ian Smith, left, and Frank Trumbetti, center, summons outside their gym in Bellmawr, N.J., in May 2020.AP

“It kind of looked like they were throwing everything they could at these guys … these charges hung over these guys’ heads for over four years.”

“We didn’t get a lot of cooperation from Bellmawr with regard to discovery,” he continued. “The only thing we got with regard to discovery was the summonses.”

“You need the reports, you need a whole bunch of stuff,” McCann said. “The judge in Winslow said Bellmawr didn’t provide their court with meaningful discovery to give to us. She basically said that Bellmawr ignored the requests.”

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Ian Smith speaks with supporters outside his gym in Bellmawr, N.J.AP

McCann — a well-known municipal attorney who once worked for the Bergen County Sheriff’s Office — said he’s now trying to retrieve the money the gym owners paid the state in fines.

But he’s not sure how it will go.

“That’s a very tricky issue,” McCann told The Post. “It’s very, very complex. And I’m making my way through that.”

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One of the more than 80 summonses the gym owners received.RICHARD HARBUS

“Like, is the state trying to destroy people?” McCann added. “Why are you trying to destroy small businesses?”

During the pandemic, Smith accused the state of being selective about which businesses could stay open and which couldn’t.

“Telling people that liquor stores are essential but places they can come to work on their physical and mental health is not — it’s just not adding up. So, we decided to take matters into our own hands,” Smith said at the time.

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Smith tried to run for Congress but was soundly defeated in the GOP primary.Instagram / @iansmithfitness
McCann maintains that the Atilis’ owners didn’t make any money off gym memberships during the bulk of the pandemic, the outlet said.

“There was no income coming in but for the GoFundMe money they were raising to fight the state,” McCann said, referencing a fundraiser that brought in more than a half-million dollars.

Smith also tried to run for Congress in 2022, but was soundly defeated in the GOP primary.

https://nypost.com/2024/05/21/us-news/nj-gym-owner-who-defied-covid-shutdowns-cleared-of-charges/

Another Sanction Failure: US Blacklisted Xiaomi 3 Years Ago, Now it Makes EVs

 Just three years ago, the Chinese company Xiaomi decided to build cars. It succeeded where Apple failed.

The Wall Street Journal reports A Chinese Phone Maker Did Something Apple Couldn’t: Make an EV

Xiaomi is a Chinese company known for its rice cookers, robot vacuums, air purifiers and smartphones. Now, it has pulled off what Apple, its longtime rival, couldn’t: Make an electric car and bring it to market. And it did it in three years.

In its home market, Xiaomi —pronounced SHAU-mee—is cranking out its SU7 sedan to a waiting list of buyers after its launch in late March. Since early April, the Beijing-based company said it had delivered more than 10,000 of the electric vehicles and received nearly 90,000 binding orders.

Priced between $30,000 and $42,000, the company says the SU7 can go up to 500 miles on one charge, undercutting comparable versions of the Tesla Model 3 in China by around $4,000 and outrunning it by around 200 miles per charge.

Xiaomi’s feat illuminates a new reality in the century-old automotive business: The barriers to entry for making a car have shrunk in recent years with the emergence of electric vehicles. And in this new reality, China is speeding way ahead.

To simplify development and reduce costs, Xiaomi adopted Tesla’s process of “gigacasting,” which employs large-scale, high-pressure aluminum die-casting to create the car’s frame. The process combines hundreds of manufacturing steps into one, saving on components, weight, cost and time.

Xiaomi also had to innovate. The liquid aluminum that gets injected into the die-casting machine has to be a certain variety that can withstand an extraordinary amount of pressure. Xiaomi had to come up with its own material, building an artificial-intelligence program that used a method known as deep learning to simulate how different materials would behave when placed inside the die-cast machine.

The company only seriously started looking into entering the car sector after the U.S. government blacklisted it in January 2021 for what it said were ties to China’s military, prohibiting Americans from investing in Xiaomi.

Xiaomi Profitable When?

Xiaomi loses money on cars. To turn a profit, Xiaomi would have to produce 300,000 to 400,000 of the SU7 each year, Xiaomi CEO Lei Jun told CCTV.

It’s unclear if this company succeeds at building cars. But I suspect it will.

Regardless, Xiaomi has proven a company that makes phones can make cars three years later.

What exactly does Tesla have that some Chinese company can’t do better or cheaper? Perhaps self-driving technology, but there Tesla seriously lags Waymo.

Preparation for Growth

On April 15, I noted Elon Musk Fires 10 Percent of Tesla Workforce, Prepares for “Next Phase of Growth”

Preparing for Growth

Preparing for growth by firing working is like trying to lose weight by stocking the pantry with more potato chips.

On May 6, I noted Another Round of Mass Firings at Tesla, Sales Must Be Imploding

Tesla announced yet another round of layoffs today. News came in the typical way, an email starting “Dear Employee”. It seems “Dear Ex-Employee” would be more fitting.

Tiresome Lies

Musk statements are no longer best viewed as excessive hype, but rather tiresome lies.

For four years running, Musk promised to make 50,000 electric semis. Tesla delivered a grand total of 100.

Carbon Credits

Carbon Credits notes Tesla Hits Record High Sales from Carbon Credits at $1.79B

Elon Musk’s Tesla generated a substantial $1.79 billion from carbon credit sales last year, as revealed in their Q4 2023 and annual financial report, bringing its total earnings from such credits since 2009 to nearly $9 billion.

The revenue generated from the sale of carbon credits has become a substantial source of income for the company. In fact, the credits account for a staggering 11% of Tesla’s overall gross margin for the quarter, $4,065 million, down from 25.9% seen in Q4 2022.

Despite its continued dominance in the U.S. EV market, Tesla faces growing competition, particularly from China’s BYD. The Chinese automaker recently surpassed Tesla as the world’s largest seller of EVs.

Tesla’s Lead Has Vanished

Whatever technology lead Tesla once had is now gone.

Tesla’s Full Self Driving FSD technology is essentially vaporware.

On May 14, I noted BYD Unveils the “Shark” a Plug-in Hybrid Pickup Truck Built in Mexico

The Chinese automaker BYD (Build Your Dreams) announces a 700-mile range PHEV that will be built in Mexico, this year.

Also see Biden Wants EVs so Badly That He Will Quadruple Tariffs on Them

Astute readers will immediately notice the title of this post makes no sense. It’s not supposed to. But it is exactly what President Biden is doing.

The EU is too shellshocked and disorganized to do anything. The US is fighting with tariffs and sanctions.

The Blacklisting of Xiaomi led to this result, It’s another “victory” for sanctions.

https://mishtalk.com/economics/another-sanction-failure-the-us-blacklisted-xiaomi-three-years-ago-now-it-makes-evs/