News

Tuesday 2026-05-12

04:00 AM

Kash Patel’s ‘Leadership’ Is Pretty Much Just Libel Lawsuits And Lie Detectors [Techdirt]

Kash Patel is one of the rare Trump political appointees who actually has some experience that might be useful in his current position. But it wasn’t his past experience as a federal public defender and prosecutor that prompted Trump to elevate him to the post of FBI Director. Instead, it was his willingness to engage in politically motivated investigations, along with his willingness to host pro-MAGA podcasts when their original hosts were in prison on federal charges.

Patel serves at the president’s pleasure, as all political appointees do. But Trump’s pleasure is more unpredictable than most. Perhaps realizing his time frame for making hay is extremely short, Patel has done very little in terms of leadership, preferring to spend his time (allegedly) partying it up when not (allegedly) failing to gain the trust and respect of the Bureau.

When not saying stupid things on social media or during press conferences, Patel likes to leverage his position to do things like… hang out in the US Olympic hockey team locker room as they celebrated their gold medal win.

Consequently, plenty has been published about Patel’s (alleged) inability to stay sober and/or do his damn job. A shocking expose of Patel’s (alleged) constant insobriety prompted Patel to respond in the fashion he’s been accustomed to during his tenure as FBI Director. He filed a libel lawsuit against The Atlantic over its reporting on his months of (allegedly) unprofessional behavior.

Hilariously, Patel and his lawyers relied on a previous lawsuit he had filed against MSNBC for its earlier reporting on pretty much the same subject, taking particular objection to this statement made by reporter Frank Figliuzzi:

Yeah, well, reportedly, he’s been visible at nightclubs far more than he has been on the seventh floor of the Hoover building. 

Perhaps he should have waited until his first lawsuit had been fully litigated. The lawsuit he used as part of his arguments in favor of “actual malice” was dismissed, with the judge finding in favor of MSNBC and Figliuzzi.

So, this is one the things Patel seems to be involved in daily, which isn’t actually a part of his day-to-day duties as FBI Director. The other thing he seems to be doing on a regular basis is ensuring the people who still work for him won’t want to work for him for much longer.

FBI Director Kash Patel ordered the polygraphing of more than two dozen former and current members of his security detail, as well as other staff, and has been described as being in panic mode to save his job and find leakers among his team, according to two people briefed on the development.

[…]

The director has also avoided meeting this week with some key operational leaders of the bureau, the people said, raising concerns inside the FBI about Patel’s ability to stay abreast of pressing threats and investigations in order to make the best decisions.  

Will this reporting prompt another lawsuit from Kash Patel? I would hope his lawyers are smarter than Patel appears to be, because going back to the same well so quickly following a libel lawsuit loss might add sanctions to the humiliation of another public loss in a federal court.

The funniest thing about this reporting is that the FBI official spokesman, Ben Williamson, refused to deny the use of polygraph tests, instead deciding to deny the assertion that Patel isn’t regularly attending meetings with key FBI officials. It’s not like Williamson couldn’t have just lied about the polygraphs. This is an administration that is willing to lie about pretty much anything at any time. Having their lies exposed doesn’t regularly result in firing, which means blatantly lying has nearly no professional consequences. But Williamson just decided to ignore a question he didn’t want to answer.

The refusal to even address this claim implies that it’s true. And why shouldn’t it be? This is nothing new for Kash Patel and his particular version of the FBI:

Since Kash Patel took office as the director of the F.B.I., the bureau has significantly stepped up the use of the lie-detector test, at times subjecting personnel to a question as specific as whether they have cast aspersions on Mr. Patel himself.

In interviews and polygraph tests, the F.B.I. has asked senior employees whether they have said anything negative about Mr. Patel, according to two people with knowledge of the questions and others familiar with similar accounts. In one instance, officials were forced to take a polygraph as the agency sought to determine who disclosed to the news media that Mr. Patel had demanded a service weapon, an unusual request given that he is not an agent. The number of officials asked to take a polygraph is in the dozens, several people familiar with the matter said, though it is unclear how many have specifically been asked about Mr. Patel.

Those were the (alleged) facts on the ground as of July 2025. Since then, Patel hasn’t done much to distance himself from allegations of misusing his position for personal gain, whether it’s trying to get special treatment from the Bureau itself, or crashing Olympic celebrations just because he can.

I find it hard to believe even Patel himself thinks he’s actually leading the FBI. After all, this is the same guy who (allegedly!) thought he’d been fired when he bungled one too many login attempts. But he’s the perfect guy for the Trump administration: someone who spreads falsehoods, yells “fake news” whenever publicly criticized, files lost-cause lawsuits against people protected by the First Amendment, and will quietly accept his dismissal whenever Trump decides to turn on him.

Daily Deal: The Modern Tech Skills Bundle [Techdirt]

Bring your tech skills up to 21st-century snuff with the Modern Tech Skills Bundle. This 2,000+ class series covers subject areas that every aspiring tech pro needs to know to get ahead and stay ahead. Broken out into cybersecurity, AI and machine learning, and information technology and cloud computing, you’ll be able to zero in on specific courses for your current field and branch out into new ones. It’s on sale for $70.

Note: The Techdirt Deals Store is powered and curated by StackSocial. A portion of all sales from Techdirt Deals helps support Techdirt. The products featured do not reflect endorsements by our editorial team.

Elon Musk Settles SEC Lawsuit For Spare Change, Proving Once Again That Rules Are For Other People [Techdirt]

There are perks to spending over a quarter of a billion dollars getting your preferred candidate elected. A multi-month free pass to take a sledgehammer to the federal government, for starters. And, apparently, a sweetheart deal when the SEC comes knocking with a lawsuit for which they had you dead to rights.

As you’ll recall, when Elon Musk first started buying up Twitter stock, before he officially decided to buy the whole company, he blew past the SEC-mandated deadline to reveal publicly that he had accumulated over 5% of the stock. Indeed, Musk waited until he held nearly 10% of the company’s stock before revealing his position at all. Many shareholders were rightly pissed off about this, because it likely diminished the value of their shares. There’s a reason the law says you need to disclose crossing that 5% line.

And, to be clear, this isn’t one of those gray areas of the law. This is a case where Elon pretty clearly violated the law in very obvious ways. But because the Biden admin was so terrified of looking even remotely biased against Elon, the SEC took nearly three years investigating the case (and yes, part of that was Elon trying to ignore investigatory demands) before finally suing him… in the last week of the Biden admin.

I’m somewhat amazed it took this long, but earlier this week, the Trump SEC announced a settlement. Despite the blatant flouting of the rules — which likely cost Twitter shareholders millions of dollars — the settlement requires Elon to pay $1.5 million. That’s basically pocket change to the world’s richest man. It’s not even a slap on the wrist, which might sting a bit.

And, of course, plenty of people are noticing what kind of signal this sends during one of the most corrupt US Presidential administrations in history:

“I do think that it suggests if you’re wealthy or powerful enough then there aren’t going to be consequences,” said Fagel, who previously led the SEC’s San Francisco office. “The optics of this are terrible.”

Perhaps in the grand scheme of things this doesn’t much matter. No real fine was going to matter much to Elon Musk. He has enough money to be shielded from effectively any monetary punishment — they could fine him 99% of his wealth and he’d still be richer than basically anyone reading this.

But it’s this kind of thing, and the lack of real consequences for it, that undermine our trust in institutions and the rule of law. The message being sent is hard to miss: if you’re wealthy enough and loyal enough to Trump, the rules simply don’t apply to you.

02:00 AM

New Release: Tails 7.7.3 [Tor Project blog]

This release is an emergency release to fix a critical security vulnerability in the Linux kernel, as well as security vulnerabilities in Tor Browser and in the Tor client.

Changes and updates

  • Update the Linux kernel to 6.12.86, which fixes Dirty Frag, a vulnerability that could allow an application in Tails to gain administration privileges.

    For example, if an attacker was able to exploit other unknown security vulnerabilities in an application included in Tails, they might then use Copy Fail to take full control of your Tails and deanonymize you.

    We are not aware of this vulnerability being used in practice until now.

  • Update Tor Browser to 15.0.12.

  • Update the Tor client to 0.4.9.8.

  • Update Thunderbird to 140.10.1.

Fixed problems

For more details, read our changelog.

Get Tails 7.7.3

To upgrade your Tails USB stick and keep your Persistent Storage

  • Automatic upgrades are available from Tails 7.0 or later to 7.7.3.

  • If you cannot do an automatic upgrade or if Tails fails to start after an automatic upgrade, please try to do a manual upgrade.

To install Tails 7.7.3 on a new USB stick

Follow our installation instructions.

The Persistent Storage on the USB stick will be lost if you install instead of upgrading.

To download only

If you don't need installation or upgrade instructions, you can download Tails 7.7.3 directly:

Support and feedback

For support and feedback, visit the Support section on the Tails website.

12:00 AM

Share-Owning Journalism Orgs Press Paramount For Company Docs On Corrupt Trump Merger Dealings [Techdirt]

More than 4,000 Hollywood insiders recently signed a letter blasting Paramount’s planned $111 billion merger with Warner Brothers, noting that the massive consolidation will be very historically harmful to labor, consumers, and creatives. That’s a very correct observation, especially as it relates to Warner Brothers, which has never been involved in a merger that didn’t result in mass layoffs, higher prices for everyone, and a significantly shittier overall product.

Now a coalition of press groups, including Freedom of the Press Foundation (FPF) and Reporters Without Borders, are pressing Paramount regarding “potentially corrupt acquisitions and deals” they argue could undermine shareholder value by degrading the (already sagging) quality of journalism at CBS News and CNN, while “relinquishing editorial control of major news outlets to the Trump administration.”

In a letter sent to former Trump DOJ “antitrust enforcer” (using that term ironically) turned Paramount top lawyer Makan Delrahim, the groups highlight all the dodgy bullshit that we’ve well-covered over the last year, whether it’s CBS paying the president a $16 million bribe to gain merger approval, CBS agreeing to install an “ombudsman” to ensure the network is consistently kissing the president’s ass, or Paramount billionaire owner Larry Ellison privately meeting with his friend Trump to promise he’d fire certain CNN anchors if the government allowed him to buy Warner Brothers.

The journalism groups make the point that the Ellison family effort to turn CBS into a Trump and Netanyahu-friendly agitprop machine has been disastrous for the company’s share price. And because both organizations are technically shareholders, they’re demanding deeper access to the Paramount books to see what other dodgy bullshit may not have been revealed yet:

“Since Paramount Skydance announced its most consequential Trump-friendly changes at CBS News in October — acquiring The Free Press and appointing Bari Weiss as editor-in-chief — the company’s market capitalization has decreased by 40%, wiping out more than $8 billion in shareholder value. Ratings for key programs, like “CBS Evening News with Tony Dokoupil,” have also dropped precipitously. Freedom of the Press Foundation and Reporters Without Borders, which are both shareholders in Paramount Skydance Corp., are entitled to inspect the company’s books and records related to these developments under Section 220 of the Delaware General Corporation Law.”

They’ve given Paramount five days to respond to their request for more documents and data related to any promises Paramount may have made the Trump administration. I’m not convinced the gambit will go anywhere, but it’s nice to see these kinds of groups (historically absent from many of these fights) suddenly paying closer attention to media consolidation.

Larry Ellison’s interests here are two-fold. He wanted to gift his nepobaby son David with two major Hollywood studios so David can pretend he’s a very big boy doing very serious things. But he’s also keen on dismantling what’s left of journalism at places like CBS News and CNN (already reeling from years of corporate cowardice) turning them into right-wing friendly agitprop mills that are even more friendly to his favorite autocrats (Trump and Netanyahu).

You’ll recall Bari Weiss sold herself to Paramount as an expert who could modernize CBS News through virality and mass audience appeal (despite having no actual experience in journalism). But Weiss, who got her start at the helm of a strange contrarian troll blog, has the instincts and ideas of a 90 year old man, and clearly isn’t capable of generating watchable propaganda in any ratings-grabbing way that actually appeals to anyone (even MAGA folks, who already have no limit of agitprop options).

The Trump administration will certainly rubber stamp the deal. Paramount will likely keep this effort locked up in the courts indefinitely. And the Democrats’ demand for the FCC to investigate the dodgy Chinese and Saudi financing propping up the deal isn’t likely to go anywhere. That leaves a collaborative looming lawsuit by state AGs as the most likely path toward ensuring this deal never gets off the ground.

But even if the deal gets approved, this giant company’s long-term survival is far from guaranteed. Especially given the shaky state of Hollywood, the steady enshittification of streaming, and the fact that there’s very little evidence that the any of the Paramount folks are competent.

There’s a very high likelihood that the combination of Paramount’s massive debt load from both the CBS and Warner deals– and fleeing audience (either bored by bad product or disgusted by the companies’ Trump allegiances) — combines with Larry Ellison’s over-extension on AI to result in some very precarious financial footing.

These major media deals always go terribly for consumers and labor, but execs often benefit from tax breaks, temporary stock boosts, and compensation in no way dictated by competency (see: CEO David Zaslav). But this series of deals is so massive and problematic, it could generate some very significant pain for the extraction class, and make all past merger disasters seem adorable by comparison.

Monday 2026-05-11

06:00 PM

Kanji of the Day: 絵 [Kanji of the Day]

絵

✍12

小2

picture, drawing, painting, sketch

カイ　エ

絵本   (えほん)   —   picture book
絵画   (かいが)   —   painting
絵馬   (えうま)   —   votive tablet
絵巻   (えまき)   —   picture scroll
絵柄   (えがら)   —   pattern
絵手紙   (えてがみ)   —   letter made from a picture one has drawn
似顔絵   (にがおえ)   —   portrait
絵を描く   (えをえがく)   —   to paint (draw) a picture
絵コンテ   (えコンテ)   —   storyboard (film, television)
絵文字   (えもじ)   —   emoji

Generated with kanjioftheday by Douglas Perkins.

Kanji of the Day: 津 [Kanji of the Day]

津

✍9

中学

haven, port, harbor, ferry

シン

つ

津波   (つなみ)   —   tsunami
津軽   (つがる)   —   Tsugaru (western region of Aomori Prefecture)
津島派   (つしまは)   —   Tsushima Faction (of the LDP)
天津   (あまつ)   —   heavenly
津軽弁   (つがるべん)   —   Tsugaru Dialect (Tsugaru region of Aomori Prefecture)
興味津々   (きょうみしんしん)   —   very interesting
大津波   (おおつなみ)   —   giant tsunami
全国津々浦々   (ぜんこくつつうらうら)   —   all over the country
国津   (くにつ)   —   of the land
津波警報   (つなみけいほう)   —   tsunami warning

Generated with kanjioftheday by Douglas Perkins.

Publishers Seek $19.5 Million and Domain Takedown Order Against Anna’s Archive [TorrentFreak]

anna's archiveIn March, a coalition of thirteen major publishers, including Penguin Random House, Elsevier, and HarperCollins, filed a fresh lawsuit against Anna’s Archive.

The publishers allege the shadow library is facilitating “staggering” levels of piracy, including the use of their books as training material for AI models.

This lawsuit follows on the heels of a case various music companies filed against the site a few months earlier. They sprung into action when Anna’s Archive said it would publish material from a Spotify scrape it had obtained earlier.

As a result of the legal pressure and an injunction released in favor of the music companies, Anna’s Archive lost several domain names. Faced with a U.S. court order, the site eventually moved to .GL, .PK, and .GD domains, which remain active today.

The music companies won a massive $322 million default judgment against Anna’s Archive in April. However, while the site reportedly removed the Spotify files that triggered the music case, it continued to offer many millions of books.

The Publishers Seek $19.5 Million Judgment

The books are still being pirated, and widely used as AI training material, so the publishers now seek their own default judgment. This includes a broad permanent injunction targeting the surviving domains.

After Anna’s Archive failed to respond in court, the publishers now ask for the maximum $150,000 per work in statutory damages for 130 works, which adds up to a total of $19,500,000. That’s $1.5 million for each of the thirteen plaintiff publishers.

$19.5 Million

19million

The financial compensation is little more than a footnote, as the site’s operators remain unknown and unlikely to pay anything. The permanent injunction the publishers request is more important, as that could help to take Anna’s Archive’s domains offline.

The music companies already obtained a similar injunction in their case, but that is no longer as effective, since Anna’s Archive stopped actively offering the Spotify files through its website. The books, however, remain available.

Injunction Targets More Than 20 Intermediaries

The publishers ask the court to issue an injunction targeting Anna’s Archive and all domain registries, registrars, hosts, and internet service providers connected to the three remaining domains. The order would prevent the transfer of the domains to anyone other than the publishers or the music companies.

The proposed injunction names more than twenty specific companies, including familiar names from the music lawsuit such as Cloudflare, Public Interest Registry, Tucows, Njalla, the Switch Foundation, The Swedish Internet Foundation, and the National Internet Exchange of India.

The list also adds new entities that are linked to the surviving domains: TELE Greenland/Tusass for .gl, PKNIC for .pk, and Grenada’s National Telecommunications Regulatory Commission for .gd. Several hosting and registrar companies are also mentioned, including DDOS-Guard, IQWeb FZ-LLC, Hosting Concepts B.V., OwnRegistrar, Neterra, Webglobe, and CentralNic Registry.

The intermediaries

nmaes

The order would require these parties to permanently disable the domains and authoritative nameservers, cease all hosting services, preserve identifying evidence, and “refrain from frustrating” the judgment.

Will It Work?

Without a formal defense from Anna’s Archive, the chances are high that the publishers will win this legal battle. However, whether they will get the desired result is a different matter.

Even if the permanent injunction is granted, it depends on whether they are intermediaries who will fall under the U.S. jurisdiction, or whether they will comply voluntarily.

The permanent injunction obtained by the music companies, which also targeted the .GL, .PK, and .GD domains, hasn’t reached the desired result yet. Whether a new order targeting more intermediaries will fare any better has yet to be seen.

—

A copy of the publishers’ memorandum of law supporting the motion for default judgment is available here (pdf). The proposed default judgment can be found here (pdf).

From: TF, for the latest news on copyright battles, piracy and more.

06:00 AM

Empathy is difficult [Seth Godin's Blog on marketing, tribes and respect]

It requires skill and effort. It can be taught. And it’s worth prioritizing.

When we wing it, allocate little time to it or assume it’s a side effect of our work, we diminish the effort and blur our focus.

“I wonder what it’s like to be you” is part of what makes us human, but we’re rarely as focused on this work as we could be.

Simply announcing how hard it is is a fine place to begin.

      

Funniest/Most Insightful Comments Of The Week At Techdirt [Techdirt]

It’s a multi-win week for MrWilson, who takes both top spots on the insightful side with one serving as a double-winner at the top of the funny side too. In first place for both insightful and funny is a rebuke of a very argumentative commenter who defended John Roberts’s claim that the Supreme Court is apolitical and just following policy:

I’d explain it, but the comments don’t allow for a script that loads a completely different explanation every time you glance at it or respond to it, whatever serves the argument in the moment.

In second place on the insightful side, it’s another comment on that same post, with a more accurate description of the absurdity of the claim:

This feels like Robert E. Lee telling slaves that they shouldn’t criticize him for fighting the North so hard in order to preserve the “right” of slaveholders to enslave them.

It’s an inherently patronizing and blatantly bullshit take. He also seems to think unpopular just means “people don’t like it” rather than “it’s actually an unconstitutional power grab.”

For editor’s choice on the insightful side, we start out with one more comment from that post, this time from Berenerd offering another rebuke of Roberts:

Flying flags upside down in solidarity with insurrectionists, overturning decades old precedents including one that there was no real case before the court, but it was seen anyway because Pro-Choice kills babies. I think even on was overturned taking the exact opposite of the text of the law in question but I can’t find it…

Nope, nothing to suggest they are not trying to legislate from the bench.

Next, it’s Drew Wilson with a comment about the media’s approach to reporting on Trump:

It’s a clear cut example of sanewashing by the media. Yet, when you point out that it’s obvious sanewashing, the media types will whine about how they are not sanewashing and that they are just “clarifying” or “explaining” what the president meant. Then, the media will turn around and wonder why so few trust them anymore afterwards. It’s all frustrating, but it has also been going on for years now. It’s gotten to the point that this is hardly surprising.

Even the Canadian media when covering the US president does it. Live footage gets put out with Trump with his usual senile crazed rantings that make no sense at all, then when they cut back to the reporters who “break it down for all of us”, they basically do everything in their power to make Trump look as presidential as humanly possible. Sometimes, they’ll admit that he can be “unpredictable”, but that’s about it. Why the Canadian media contributes to the sanewashing of a president who is actively trying to undermine Canadian sovereignty is something I’ll never fully understand.

Over on the funny side, things are pretty quiet this week. We’ve already had the first place double-winner above, but there wasn’t much activity beyond that, so we’ll forego the editor’s choice and just highlight the second-place winner. It’s a commenter going by Magic 8 Ball in response to a comment suggesting Trump will hire, well, a magic 8 ball to replace the National Science Foundation board:

Outlook not so good

That’s all for this week, folks!

02:00 AM

Sunday 2026-05-10

09:00 PM

Court Awards Aylo $4.2 Million, Not $84 Million, in Pornhits Piracy Case [TorrentFreak]

aylobrandsAdult entertainment is big business on the internet, and several of the largest brands in this niche are owned by the Aylo conglomerate.

Formerly known as Mindgeek, Aylo is the driving force behind free ‘tube’ sites such as Pornhub, YouPorn, and RedTube. It also owns many adult brands, including Brazzers and Reality Kings, that charge for subscriptions.

Over the years, the company has built an impressive library of more than 40,000 registered copyright works. The company’s enforcement arm, Aylo Premium, protects this content by various means. It has sent many millions of takedown requests and also targets pirate sites in court, hoping to shut these down.

Earlier this year, Aylo won a $90 million default judgment against a porn piracy network that included ‘Freshporno,’ ‘Kojka,’ and ‘PornHeal,’ among others. While that was a major win, at least on paper, plenty of targets remained.

That included Pornhits.com, which Aylo sued in the U.S. District Court for the Western District of Washington last December. The complaint named Anatoly Chernov as the alleged operator, along with twenty unidentified Doe defendants, and accused them of displaying 5,635 of Aylo’s registered works on the site without authorization.

According to Aylo, Pornhits misleadingly suggests that it is a user-generated content platform. The complaint alleges the upload feature visible on the site is “inoperative and illusory,” which means that all infringing content was added by the site’s operator directly. Aylo also said it sent 44,934 DMCA takedown notices, which were all ignored.

Aylo’s $84 Million Demand

As is often the case in these types of lawsuits, the defendant did not appear in court to defend himself. As a result, Aylo requested a default judgment, asking for $15,000 in statutory damages per infringed work, which is less than the maximum of $150,000 per work.

However, with 5,635 works at issue, the total does add up to $84,525,000.

To justify the figure, Aylo pointed to SimilarWeb data showing that Pornhits attracted approximately 1.7 million U.S. visitors in October 2025 alone. If all these visitors signed up for official subscriptions, the company said it would earn roughly $17 million per month.

While pirate views do not directly translate to lost sales, Aylo also referenced that the same court awarded $15,000 per work in near-identical adult content piracy defaults. This includes the Yespornplease case, which was also handled by the same U.S. District Court Judge Benjamin Settle.

“More Than Mere Guesswork”

Last week, Judge Settle granted the default judgment but rejected the damages calculation. Instead of $15,000 per work, he awarded the statutory minimum of $750, bringing the total to $4,226,250.

The order recognizes Aylo’s previous wins in the same court, but it also signals a clear shift in approach.

“The Court acknowledges these cases but determines that, upon further review, a lower award is warranted here,” Judge Settle wrote.

He noted that other district courts have begun requiring more rigorous evidence to support above-minimum awards in these types of cases. That includes evidence of its own lost profits or the infringer’s profit increase, which is clearly not available here.

“Calculating damages is difficult but the Court requires more than mere guesswork. Aylo fails to offer any concrete evidence of lost profits, relying instead upon conjecture as to the effect of Chernov’s piracy on its bottom line,” the order adds.

More than Guesswork

guesswork

Judge Settle pointed out that Aylo had also failed to estimate the added profits of Pornhits, the number of visitors who might have actually paid for an Aylo subscription, or how much of the Pornhits site is dedicated to Aylo’s content.

“It is unclear to the Court whether Aylo’s works constitute even a substantial portion of pornhits’ overall content. Without such evidence, an award of $84 million would be an inappropriate windfall,” the order reads.

Domain Transfer Granted

The damages reduction clearly stands out, but the practical impact is limited. Chernov never appeared in the case, lives outside the United States, and is unlikely to pay any damages amount, whether $84 million or $4 million.

The injunction that comes with the order, on the other hand, is enforceable.

Specifically, Judge Settle ordered Verisign, the registry operator for the .com top-level domain, to change the registrar of record for pornhits.com to EuroDNS, which has to transfer the domain to Aylo Premium Ltd. The current registrar, Namecheap, was also ordered to cooperate.

The order also includes a ‘dynamic’ aspect, as we’ve seen previously, allowing Aylo to return to court to extend the injunction to additional domains, subdomains, or IP addresses that the Pornhits operator might use to continue or evade the infringing activity.

This permanent injunction is much needed because, at the time of writing, Pornhits.com remains up and running.

—
A copy of Judge Benjamin Settle’s order on the motion for default judgment is available here (pdf).

From: TF, for the latest news on copyright battles, piracy and more.

05:00 PM

Kanji of the Day: 買 [Kanji of the Day]

買

✍12

小2

buy

バイ

か.う

買い   (かい)   —   buying
買う   (かう)   —   to buy
買い物   (かいもの)   —   shopping
買収   (ばいしゅう)   —   acquisition (esp. corporate)
買い取り   (かいとり)   —   purchase
売買   (ばいかい)   —   crossing (shares)
買い替え   (かいかえ)   —   buying a replacement
買い物客   (かいものきゃく)   —   shopper
ドル買い   (ドルかい)   —   dollar purchase
買い取る   (かいとる)   —   to buy

Generated with kanjioftheday by Douglas Perkins.

Kanji of the Day: 叱 [Kanji of the Day]

叱

✍5

scold, reprove

シツ　シチ　カ

しか.る

叱る   (しかる)   —   to scold
叱り   (しかり)   —   scolding
叱咤   (しった)   —   scolding
叱責   (しっせき)   —   reprimand
お叱り   (おしかり)   —   scolding
叱咤激励   (しったげきれい)   —   giving a loud pep talk
叱りつける   (しかりつける)   —   to rebuke
叱り飛ばす   (しかりとばす)   —   to rebuke strongly
御叱り   (おしかり)   —   scolding
叱り付ける   (しかりつける)   —   to rebuke

Generated with kanjioftheday by Douglas Perkins.

05:00 AM

The narrow window of redemption [Seth Godin's Blog on marketing, tribes and respect]

Where did the five-second rule come from?

Science makes it clear that if disgusting germs are going to go from the floor to your toast, it’s going to take less than five seconds for that to happen.

It might as well be the four-minute rule as far as food safety goes.

But it’s compelling and universal. A chance to fix a relatively small error, one associated with an outcome you were hoping for.

Innovation involves lots of failure, but we rarely encourage ourselves to adopt a five-second rule when we’re brainstorming, inventing or developing what’s next.

Please do.

Tiny mistakes are fixable. Avoiding them is how we get stuck.

      

This Week In Techdirt History: May 3rd – 9th [Techdirt]

Now that our detour for the game jam winner spotlights is complete, we’re rolling out a new version of these weekly history posts after collecting your feedback. We’re shifting the timeframes to drop Five Years Ago and instead cover Ten, Fifteen, and Twenty Years Ago, and simplifying things a bit by just presenting a list of selected headlines. Let us know what you think in the comments!

This Week In 2016

This Week In 2011

This Week In 2006

Pluralistic: Trump's fruitless search for a goreable ox (09 May 2026) [Pluralistic: Daily links from Cory Doctorow]

->->->->->->->->->->->->->->->->->->->->->->->->->->->->-> Top Sources: None -->

Today's links


Two men in suits seated next to each other. The younger man is pointing at a brochure. The younger man's head has been replaced with a whole roast chicken. The older man's head has been replaced with a large beef roast. The brochure has been replaced with vintage meat ads. The background is a cropped section of of a high-magnification scan of a US $100 bill, colors faded and shifted.

Trump's fruitless search for a goreable ox (permalink)

I've got good news and bad news for Trump. The good news: you can get elected by promising to do something about the cost of living crisis, and the president actually has a lot of ways to improve people's daily costs. The bad news: everything you could do to fix working people's cost of living will make an oligarch worse off.

This is the essential conundrum of Trumpismo: to keep his base happy, he needs to make their lives better; but to make their lives better, he'll have to make oligarchs angry. The oligarchs' wealth bonanza caused the cost of living crisis. Oligarchs' pleasure causes our suffering, so alleviating our suffering will reduce their pleasure.

This means that while Trump can promise help with prices, all he can deliver is union-busting, ICE lynchings, and pointless wars, none of which have any hope of materially improving the lives of working people. Indeed, all of this stuff makes working people materially worse off, as wages fall, crops rot in the fields, and gas prices shoot through the roof.

Trump would dearly love to find an ox he can safely gore, but all the good oxen are owned by his oligarch chums. Trump can't punish Ticketmaster, because the billions Ticketmaster steals from the WWE, F1 and football fans in his base all land in the pocket of oligarchs who own stock in Ticketmaster, and Trump can't afford to upset those oligarchs:

https://pluralistic.net/2024/06/03/aoi-aoi-oh/#concentrated-gains-vast-diffused-losses

Indeed, I can't think of a single corrupt racket that Trump can afford to do something about. Not even the only cost of living metric that can approach gas prices in the hierarchy of American electoral salience: grocery prices.

Your grocery bill went up because oligarchs price-gouge you. Eggflation was caused by Cal-Maine, the monopolist that owns every brand of eggs in your grocer's fridge, who jacked up prices because they knew they could:

https://pluralistic.net/2025/03/10/demand-and-supply/#keep-cal-maine-and-carry-on

Pepsi and Walmart conspired to force every retailer to jack up the prices of all Pepsi products (including Frito-Lay, Gatorade, Aquafina, etc) at every retailer's store, so that Walmart could also jack up their prices and still undersell their competition (naturally, Trump let them get away with it):

https://www.thebignewsletter.com/p/secret-documents-show-pepsi-and-walmart

This stuff isn't exactly a secret. Grocery store owners hold earnings calls with their investors where they boast about the fact that they can raise their prices far in excess of their increased costs, and blame it on inflation:

https://pluralistic.net/2023/03/11/price-over-volume/#pepsi-pricing-power

They boast about their "personalized pricing" swindles, whereby they use surveillance data to figure out how desperate you are and jack up the prices you see in their apps:

https://pluralistic.net/2025/12/11/nothing-personal/#instacartography

Trump has the power to put a stop to all of this, but still, he can't, because his oligarch pals would squeal, and when they squeal, Trump jumps. In theory, Trump has lots of power, but in practice, Trump can't do anything.

Which brings me to the cost of meat. Meat inflation has raced ahead of other forms of food inflation, even as the payments to ranchers and other producers fell sharply, leading to waves of bankruptcies:

https://www.thebignewsletter.com/p/beef-is-expensive-so-why-are-cattle

Partly, that's because meat processing is controlled by cartels, with 85% of all the beef being processed by four packers, and nearly every chicken going through one of four poultry processors. These middlemen jack up prices to grocers while colluding to push down the payments to their suppliers.

How do they rig those prices? After all, it's very illegal for these four companies to get together around a table to rig prices. Instead, they use a "price consultancy" called Agri Stats that does the price-rigging for them. Every week, the packers send a detailed list of all their costs and prices into Agri Stats, and Agri Stats "advises" them all to raise all their prices at once, and anyone who doesn't play along is pushed out of the Agri Stats cartel. Everyone wins – except families paying for groceries:

https://pluralistic.net/2023/10/04/dont-let-your-meat-loaf/#meaty-beaty-big-and-bouncy

Agri Stats has been doing this since the Reagan years, but they grew steadily more brazen, until, back in 2023, Biden's DOJ brought history's most obvious, easily won antitrust case against them:

https://www.meatpoultry.com/articles/29124-doj-sues-agri-stats-for-complicity-in-meat-market-manipulation

And wouldn't you know it, Trump just settled that case, in a way that will make Agri Stats much, much richer and give them far more opportunities to rig prices:

https://prospect.org/2026/05/08/meat-industry-agri-stats-department-of-justice-price-fix-trump/

Under the terms of the settlement, Agri Stats must "allow" restaurants, farmers, and other parts of the supply chain to pay it for the data it consolidates. This will allow more parties to collude to rig prices, and provide more income to Agri Stats. As David Dayen writes in The American Prospect, they've been "sentenced to make money."

Agri Stats isn't the only "price consultancy" that is used to launder a price-fixing cartel that's driving up the cost of living for all Americans, including Trump's base, in order to make oligarchs better off. Companies like Realpage do the same thing for residential rents:

https://pluralistic.net/2024/12/11/nimby-yimby-fimby/#home-team-advantage

Trump can't do anything about any of these scams, not without goring some oligarch's precious ox. But, as Dayen points out, there are dozens of Democratic state Attorneys General who can kill Trump's sweetheart deal for Agri Stats using the Tunney Act, which gives them standing to sue to force a federal judge to review the settlement and determine whether it is fair.

Whether any AG will seize the moment remains to be seen, of course, but it would be very good politics to do so – after all, the path to political power in America runs through credible promises to do something about the cost of living crisis.

Hey look at this (permalink)

'The Biggest Student Data Privacy Disaster in History': Canvas Hack Shows the Danger of Centralized EdTech https://www.404media.co/the-biggest-student-data-privacy-disaster-in-history-canvas-hack-shows-the-danger-of-centralized-edtech/


A shelf of leatherbound history books with a gilt-stamped series title, 'The World's Famous Events.'

Object permanence (permalink)

#25yrsago A dotcom founder's tale (funny) https://features.slashdot.org/story/01/05/04/1541239/the-worst-of-times

#20yrsago Shell UK abandons chip-and-pin after £1M fraud https://web.archive.org/web/20060508044110/https://www.snakeoillabs.com/2006/05/07/shell-stops-accepting-chip-and-pin-in-fraud-fiasco-bp-to-follow/

#15yrsago Typewriter bust: Grandfather https://web.archive.org/web/20110511033756/http://jemayer.tumblr.com/post/5260317696

#10yrsago Kobo “upgrade” deprives readers of hundreds of DRM-locked ebooks https://www.teleread.com/drm-nightmare-after-recent-upgrade-kobo-customers-report-losing-sony-books-from-their-libraries/

#10yrsago Venerable hacker zine Phrack publishes its first issue in four years https://phrack.org/issues/69/1

#10yrsago Panama Papers whistleblower issues statement, naming and shaming failed states and institutions https://web.archive.org/web/20160506180902/https://panamapapers.icij.org/20160506-john-doe-statement.html

#5yrsago The FTC's (kick-ass) Right to Repair report https://pluralistic.net/2021/05/07/pro-act-class-war/#we-fixit

#5yrsago The PRO Act and worker misclassification https://pluralistic.net/2021/05/07/pro-act-class-war/#sectoral-balances

#1yrago Mark Zuckerberg announces mind-control ray (again) https://pluralistic.net/2025/05/07/rah-rah-rasputin/#credulous-dolts

Upcoming appearances (permalink)

A photo of me onstage, giving a speech, pounding the podium.


A screenshot of me at my desk, doing a livecast.

Recent appearances (permalink)


A grid of my books with Will Stahle covers..

Latest books (permalink)


A cardboard book box with the Macmillan logo.

Upcoming books (permalink)

  • "The Reverse-Centaur's Guide to AI," a short book about being a better AI critic, Farrar, Straus and Giroux, June 2026 (https://us.macmillan.com/books/9780374621568/thereversecentaursguidetolifeafterai/)

  • "Enshittification, Why Everything Suddenly Got Worse and What to Do About It" (the graphic novel), Firstsecond, 2026

  • "The Post-American Internet," a geopolitical sequel of sorts to Enshittification, Farrar, Straus and Giroux, 2027

  • "Unauthorized Bread": a middle-grades graphic novel adapted from my novella about refugees, toasters and DRM, FirstSecond, April 20, 2027

  • "The Memex Method," Farrar, Straus, Giroux, 2027


Colophon (permalink)

Today's top sources:

Currently writing: "The Post-American Internet," a sequel to "Enshittification," about the better world the rest of us get to have now that Trump has torched America. Third draft completed. Submitted to editor.

  • "The Reverse Centaur's Guide to AI," a short book for Farrar, Straus and Giroux about being an effective AI critic. LEGAL REVIEW AND COPYEDIT COMPLETE.

  • "The Post-American Internet," a short book about internet policy in the age of Trumpism. PLANNING.

  • A Little Brother short story about DIY insulin PLANNING

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Just For Skeets and Giggles (5.9.26) [The Status Kuo]

This newsletter depends on your support. By upgrading to a paid subscription, you help keep this free for those on fixed income or disability. Each day, I worry I’ve lost more paying subscribers to attrition than have stepped up to help. If you enjoy these funnies each week, and my insights on politics and the law through the week, please help keep The Status Kuo thriving with a paid subscription. Many thanks in advance.

Subscribe now

The cognitive health of the White House’s current occupant was on the minds of many, including the White House’s current occupant. He had an interesting proposal—and folks in Canada had thoughts.

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Jon Stewart had questions, too.

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As the week went on, it was clear 47 was preoccupied with the whole “cognitive test” question.

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This is all quite worrisome, given that we are still in the middle of a hot war and he has the nuclear codes. And the Strait of Hormuz remains closed, creating a global energy supply crisis. But don’t worry, Trump has a plan!

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The Iranians may be no match for us militarily, but they are winning the meme war, and therefore the public opinion war, handily.

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Trump keeps making existential threats against Iran for not playing along and reopening the Strait.

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His nemesis Jimmy Kimmel weighed in after Trump posted an UNO game reference, taunting that he has all the cards. The thing about that is…

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Someone in Iran made a clip of this very interaction.

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If you want people to think you’re not weird around kids, then stop being so weird around kids.

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SNL UK has begun across The Pond and they’re not holding back about Donald.

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Kash Patel is in the news again, this time for ranting about someone making off with a bottle of his personalized bourbon, complete with his name spelled “Ka$h Patel” and the FBI insignia. SNL invited comedian Aziz Ansari to lampoon him, and he nailed the look.

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Here’s the clip itself. Amazing.

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They’ve come for former FBI Director Jim Comey again for allegedly making threats against the president based on a photo he posted from a walk at the beach. Borowitz FTW.

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May 4th was Star Wars Day for all who celebrate, and there were some notable entries for memeable moment.

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Mark Hamill and Barack Obama in a moment together, on Star Wars Day? Yes please!

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As an aside, Star Wars fanboys on the far right didn’t realize George Lucas is in an interracial marriage.

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I won’t repeat their nastiness, but this was a funny commentary.

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Erika Kirk’s bizarre rant about “white face” (no, it’s not a thing, Erika) continued to generate epic responses.

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And we said farewell to Spirit Airlines, which declared it was ending all flights at 3 a.m.

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The airline will likely not be missed—except by other airlines who must now carry its passengers.

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Upgrade! Upgrade! Upgrade! (If you already have, it should say subscribed with a checkmark. And thank you!)

Subscribe now

Time for some doggies! I was rooting for this fella to figure things out.

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Angry cat, move over! Meet angry pupper.

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I have an inordinate amount of cat material this week. So let’s get to it. This artist is in his cubist phase.

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Would not at all be surprised if this became a meme.

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These are some sly kitties in this collection.

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This one’s on a roll.

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I have never seen anything like this:

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I once had an orange cat named Frodo who would do this. I wish I’d attempted this outmaneuver.

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No pictures, please!

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From house cats to wild ones, there is only the smallest of difference.

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This caption got me silly giggling.

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Hey, a guy’s gotta drink, right?

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This played out like a Hitchcock film.

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There was a historic come-from-behind in the Kentucky Derby. Here’s the final part of the race.

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No one was more excited, though, than Golden Tempo’s trainer, who also made history. Let’s celebrate with her:

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For those who couldn’t participate in the big race in Louisville, there were other more local options.

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If you’re not on the apps, there are hilarious videos of users trying to pronounce words or sing notes as part of a game. Sometimes their efforts become immortalized by others, as here.

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I read this before coffee and was mightily confused… until I wasn’t. Then my brain went, “Ohhhhh!”

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I have had this experience showing up without my member card to Costco.

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Folks naturally asked if this was AI-generated, but apparently it really happens! It’s a “reflection rainbow.” Wrote one commenter: “Sunlight reflects off the water, acting like a second light source, so raindrops form extra rainbows that intersect with the main one creating multiple arcs.”

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We’re getting old enough to make jokes like this that make zero sense to the generations who follow us.

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This traumatized me in ways I can’t explain.

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Studying this Willy Wonka-like dad system for my own two toddlers.

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Double alien dad joke time to round things out! This one has three groaners.

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And one for these economic times:

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Have a great weekend!

Jay

02:00 AM

Saturday 2026-05-09

09:00 PM

04:00 PM

Kanji of the Day: 潮 [Kanji of the Day]

潮

✍15

小6

tide, salt water, opportunity

チョウ

しお　うしお

風潮   (ふうちょう)   —   tide
潮流   (ちょうりゅう)   —   tide
高潮   (こうちょう)   —   high tide
朝潮   (あさしお)   —   morning tide
黒潮   (くろしお)   —   Kuroshio Current
最高潮   (さいこうちょう)   —   climax
潮風   (しおかぜ)   —   salty sea breeze
潮汐   (ちょうせき)   —   tide
赤潮   (あかしお)   —   red tide
紅潮   (こうちょう)   —   flush

Generated with kanjioftheday by Douglas Perkins.

Kanji of the Day: 硬 [Kanji of the Day]

硬

✍12

中学

stiff, hard

コウ

かた.い

硬い   (かたい)   —   hard
硬式   (こうしき)   —   hard (esp. of hardball, tennis, etc.)
強硬   (きょうこう)   —   firm
硬派   (こうは)   —   hard-liners
硬さ   (かたさ)   —   firmness
硬直   (こうちょく)   —   stiffening
硬軟   (こうなん)   —   hardness and softness
動脈硬化   (どうみゃくこうか)   —   arteriosclerosis
硬筆   (こうひつ)   —   pen or pencil
硬貨   (こうか)   —   coin

Generated with kanjioftheday by Douglas Perkins.

02:00 PM

With Denuvo Completely Defeated, 2K Turns To Annoying Online Check In Requirement [Techdirt]

Ah, Denuvo. It’s been several years since we checked in on this once vaunted DRM tool that billed itself as undefeatable. The end of PC gaming piracy was said to be at hand, at least for any title using Denuvo. Then, predictably, the cracking community saw the target the company had put on its own tool and got to work. They were first able to crack games using Denuvo in months, which turned into weeks, which turned into days, which eventually turned into it being cracked essentially on a game’s launch day.

So, how’s it been going for Denuvo since? Well, it’s essentially been rendered completely useless at this point.

As recently reported by Tom’s Hardware, on April 27, a large Reddit thread tracking which games using Denvuo DRM still needed to be cracked or bypassed officially hit zero. (This list tracks games that don’t require an online server connection, not MMORPGs and other games that do.)  What that means, effectively, is that according to Denuvo modders and hackers, the DRM tech is no longer able to stop pirates from downloading and installing games for free. This milestone for hackers is largely thanks to the MKDev collective and modder DenuvOwO. It was these people who created the hypervisor-based bypass (HVB) that installs a kernel-level driver to bypass Denuvo’s DRM checks.

Technically, Denuvo is still in the game, but it isn’t functioning as it should, and pirates can play without paying. And there is already some evidence that bypassing Denuvo has led to performance improvements in titles like Resident Evil Requiem, which might push some people to use the bypass even if they bought the game legally. We saw this in a previous Resident Evil game when hackers bypassed Denuvo in 2021.

This is always the life cycle of DRM in video games. Whatever audacious claims a DRM company might want to make early on with its product, the technology is eventually defeated to one degree or another and all that is left are the byproducts of the DRM that serve to do nothing other than annoy legitimate customers of a video game. If the technology is so intrusively bad that even legit buyers of a game want to crack it out of their games, and the pirates are completely unencumbered by it as well, then it’s a wonder why anyone would bother including it in their games to begin with.

DRM is pretty much always bad. The desire to protect a game from pirates is understandable, but ultimately pointless. There is almost never enough benefit in terms of generating more sales by trying to fight piracy to be worth pissing off your actual paying customers. And tactics such as what publisher 2K has decided to do in the wake of Denuvo’s complete failure aren’t any better.

2K Games has apparently begun adding 14-day online check-ins to some of its PC games. The check-in has apparently been added to NBA 2K25, NBA 2K26, and Marvel’s Midnight Suns. These games now reportedly use a “fixed offline authorization token” that expires after two weeks. Once that happens, the game will not be playable until you connect to the internet and let the game ping Denvuo to get a new token. Pirat Nation and hackers are claiming this new countdown isn’t properly disclosed on the games’ Steam Store page or in each title’s respective EULA.

I’ll just add that pushing this new requirement out via an update to existing purchases is also a problem. Customers bought these games with the understanding of how they would work or not when offline. 2K suddenly changing the product in a meaningful way after it had already been purchased is a flatly anti-consumer move.

And I have no doubt that this online check requirement will be defeated by the same folks who defeated Denuvo. This arms race continues, but it shouldn’t. Why not focus on making great games and connecting with your paying customers to give them reasons to actually pay instead?

08:00 AM

I Reached Out To The White House Counterterrorism Czar For Comment. He Lashed Out On X. [Techdirt]

This story was originally published by ProPublica. Republished under a CC BY-NC-ND 3.0 license.

Counterterrorism czar Sebastian Gorka is one of the most controversial figures in the Trump administration, a gate crasher in the buttoned-up world of national security. 

In a field where quiet professionalism is revered, Gorka is loud and mercurial. With a booming, British-accented voice, he describes U.S. operations turning suspected terrorists into “red mist” and stacking bodies “like cordwood.” He wears a lanyard inscribed with “WWFY & WWKY,” referencing a line from President Donald Trump: “We will find you and we will kill you.”

It is a testament to the frenzy of Trump’s first year back in office that even the colorful Gorka had faded into the background as the nation reeled from a mass deportation campaign and sweeping cuts to federal agencies. That changed this February with the launch of the U.S.-Israeli war on Iran, which heightened the risk of retaliatory attacks on American citizens and interests around the world. Overnight, there was renewed interest in who leads White House counterterrorism efforts.

My editors and I decided it was time to break out the Gorka files. For six months, I had monitored Gorka’s public remarks for clues about the status of his long-promised national counterterrorism strategy and updates on deadly U.S. strikes in Africa and the Middle East. It had started as old-fashioned beat reporting; I cover counterterrorism, and he’s the senior director for counterterrorism at the National Security Council.

The trove of details I collected from months of Gorka’s public statements, along with interviews with more than two dozen current and former security officials, were woven into a ProPublica investigation published in April. It’s an in-depth look at Gorka and his role in the hollowed-out national security apparatus after a year of leadership turmoil and personnel loss as Trump shifted resources toward his immigration agenda.

ProPublica reached out to Gorka for comment in multiple ways. He never responded, instead lashing out at me via posts on X before the story published. He told his 1.8 million followers that I was anti-American and accused me of writing a “putrid piece of hackery.”

There went my hopes for a good-faith exchange. After discussion with my editors, ProPublica decided to note the insults in the story. It was another revealing layer to the combustible leader Trump had installed in a sensitive national security role. A former senior official noted the eruption was “Gorka being Gorka.”

Increasingly, journalists are pushing back against attacks on our credibility by “showing the work,” guiding readers through the reporting process to dispel myths and foster transparency. In that spirit, I wanted to take this opportunity to show how basic beat reporting — fact-checking the assertions of a powerful figure — led to a broader story about the state of the U.S. counterterrorism mission at a critical moment.

I’ve covered the post-9/11 counterterrorism apparatus for more than two decades, so Gorka was a familiar presence, an academic known mainly for a well-documented hostility toward Islam, which he has portrayed as inherently violent. Gorka has dismissed criticism of this portrayal as “absurd,” saying his focus is “the war inside Islam” between radicals and Western-aligned Muslim leaders. He also served as an adviser under the first Trump administration but was ousted after just seven months amid White House infighting. 

At the time, dozens of lawmakers had demanded his resignation, and investigative outlets detailed links — which Gorka denies — to the Hungarian far right. After the bruising exit, Gorka waited patiently as the Republican Party swung harder right in the Biden era and eventually returned Trump to office.

Gorka was appointed White House counterterrorism czar — he called it his dream job — in a new era without the “adults in the room,” as some officials referred to the more moderate advisers around Trump in the first term. Privately, national security personnel expressed alarm that intelligence about threats was in the hands of an official who reportedly struggled to get security clearance in the first Trump administration.

To me, Gorka was a weather vane for the administration’s national security thinking: Would his “war on terror” mindset clash with the more isolationist “America First” camp that wanted no more forever wars? How would a vast security apparatus built for the Islamist militant threat reorient toward a new focus on far-left “antifa” militants and Latin American drug cartels newly designated as terrorist organizations?

I was especially interested in the status of a national counterterrorism strategy Gorka had been promising since taking office; such documents typically lay out an administration’s approach to fighting the most urgent threats. Though Gorka had described his plan as “imminent” and “on the cusp” of release, months ticked by without any sign of it.

To glean clues about the strategy, I made it my mission to watch every news appearance, read every interview and listen to every podcast featuring Gorka since December 2024, the month before he entered the White House. It took some digging — he rails against the mainstream news media and prefers to appear (largely unchallenged) on niche pro-Trump news outlets and at conservative think tanks.

I developed a nightly ritual. After dinner with my family, I’d hole up to listen to Gorka, hunting for the scraps of news buried in his over-the-top vocabulary and graphic storytelling. Alongside my note categories for “Trump Anecdotes” and “Militant Death Tolls” was one for “Big Words.” For example, the president calls Joe Biden “sleepy”; Gorka prefers “somnambulant.”

Weeks into the reporting, in February 2026, I realized Gorka’s speech had burrowed into my brain when I watched a silly video and thought, in his voice, “Preposterous!” It was time for a break.

I reread my notes from hours of listening sessions. I interviewed counterterrorism analysts and national security watchdog groups about Gorka and his remit. Veteran national security personnel added context and analysis. Just as my editors and I were discussing how to turn the findings into a story, the Iran war began and the spotlight on Gorka grew brighter.

Much of the material on air strikes and the dismantling of guardrails was first incorporated into a story I reported about the Pentagon moving away from more robust civilian protections, a reversal highlighted by a deadly U.S. attack on a girls’ school in Iran. Other reporting ended up in the story about Gorka’s phoenixlike return to the White House and what it says about the Trump counterterrorism doctrine.

Gorka didn’t respond to requests for comment beyond the hostile posts on X. When I asked the White House for comment, spokesperson Anna Kelly praised Gorka’s “incredible job” but sidestepped questions about his approach. “Anyone attempting to smear him and the President’s national security team is only revealing that they haven’t been paying attention for the past year,” Kelly wrote, “as anyone with eyes can see that our homeland is more secure than ever.” 

As of writing, exactly two months into the Iran war, Gorka’s counterterrorism strategy has yet to appear.

Once Again, Trump Looks To Get Out Of Paying E. Jean Carroll By Having The DOJ Substitute In For Himself [Techdirt]

Not this again. For many years now there have been a series of ongoing lawsuits between E. Jean Carroll and Donald Trump, involving a variety of issues, but mainly whether or not he sexually assaulted her back in the 1990s and, separately, whether he defamed her in claiming he’d never met her after she accused him of sexual assault. As I’ve explained previously, I think the defamation claim part of it is pretty weak, but back during the first Trump administration, he had sought to have the DOJ substitute in and take over for him in the defamation case, which would have immediately ended the case, as you can’t sue the government for defamation. Having the DOJ substitute in for a government employee is allowed under the Westfall Act, and is designed to allow the US government to become the party when a government employee is sued for doing something in the course of their job (the normal example is if a government driver hits someone with a vehicle).

Back in 2020, this failed, as the judge pointed out that denying you raped someone is not part of the president’s official job.

Eventually the various cases made it to trial and the two juries that heard the cases awarded Carroll nearly $88.3 million across two verdicts. Since then Trump has continued to try to avoid ever having to pay.

The case has bounced around a bunch, and Trump had asked for a do-over in the Second Circuit in the latest round. In rejecting that, one of the judges, who had been a part of the panel for an earlier ruling, described how freaking exhausting all this is:

These are the third and fourth times our Court has voted to deny en banc rehearing of rulings in this case, which concerns defamation and sexual assault claims brought by E. Jean Carroll against Donald Trump. The two per curiam decisions at issue in this round of en banc voting — the fifth and sixth opinions by our Court in this case — arise from two related suits. The first (“Carroll I”) asserted defamation claims based on statements made by Trump in June 2019 while he was President, and the second (“Carroll II”) asserted a sexual assault claim as well as defamation claims based on statements made by Trump in October 2022 after he left office. Although Carroll I was filed first, Carroll II was tried first; in May 2023, the jury in Carroll II found, following a nine-day trial, that Trump sexually abused Carroll at Bergdorf Goodman in 1996 by digitally penetrating her and that he defamed her with comments he made in 2022 after he left office. The jury awarded Carroll $5 million in compensatory and punitive damages, and this Court affirmed, Carroll v. Trump, 124 F.4th 140 (2d Cir. 2024) (per curiam) (“Carroll 4”), and denied rehearing en banc, 141 F.4th 366 (2d Cir. 2025).

Carroll I was tried in January 2024. The jury awarded Carroll $83.3 million in compensatory and punitive damages. On appeal of the judgment, the panel issued two decisions. First, in April 2025, while the appeal was pending and after it had been fully briefed, Trump moved before us to substitute the United States as the defendant under the Westfall Act, 28 U.S.C. § 2679. The panel denied the motion by order last June, and issued an opinion explaining our reasoning in August. Carroll v. Trump, 148 F.4th 110 (2d Cir. 2025) (per curiam) (“Carroll 5”). Second, in September, the panel rejected Trump’s attempt to reassert a defense based on presidential immunity, and affirmed the district court’s rulings and the jury’s damages award. Carroll v. Trump, 151 F.4th 50 (2d Cir. 2025) (per curiam) (“Carroll 6”). It is these two panel rulings — Carroll 5 and Carroll 6 — that are the subject of these en banc petitions.

Trump and the United States have petitioned for rehearing of Carroll 5, and Trump has petitioned for rehearing of Carroll 6. Neither petition identifies how our decisions conflict with precedent of this Circuit, another Circuit, or the Supreme Court, or pose a question of “exceptional importance” justifying en banc review.

Having lost yet again, Trump has now appealed to the Supreme Court — where he’s presumably hoping the Court that handed him sweeping presidential immunity will ride to the rescue again. After all the only two notable exceptions to the Court backing him were specifically economy-related: blocking the firing of Fed members and striking down the illegal tariffs. Protecting Donald from sexual assault and defamation claims doesn’t fit into that bucket.

And, on Tuesday, the DOJ filed a motion with the Supreme Court saying that it is planning to ask to (once again) substitute itself in for Trump as the party under the Westfall Act. If I’m reading all this correctly, in the same case the DOJ is asking to appeal the earlier failure to be able to substitute itself in under the Westfall Act, it’s also still asserting its intent to actually substitute itself in.

Either way, this is a stunningly egregious move by Trump’s DOJ — once again acting as his personal legal fixer rather than a defender of the Constitution and the rule of law. The appeals court has made clear multiple times that he can’t use the Westfall Act to effectively force the case into a position where it must be dismissed, in part because the government waived the argument years ago and it’s too late to try to bring it back. In its ruling last week it explained:

The typicality ended there, as the Westfall issues were then litigated in three courts over the course of four years. … The critical juncture for present purposes was when the Westfall Act issue was presented on remand before the district court in June and July 2023. At that time, the Attorney General expressly declined to issue a Westfall certification or to otherwise seek substitution, and Trump did not take any action with respect to certification or substitution. … see 28 U.S.C. § 2679(d)(3) (allowing the employee to petition for certification where the Attorney General has declined to certify). The Westfall issue lay settled until April 2025, when the Government and Trump revived their efforts to have the United States substituted as the defendant in the case by moving for that relief in this Court….

The Carroll 5 panel denied the Government’s post-trial motion to substitute for three separate reasons: (1) the Government and Trump had waived substitution by failing to request it before the district court prior to trial; (2) the 2025 request was untimely under the Westfall Act; and (3) as a matter of equity in light of the procedural posture of the case. … These rulings were correct as a matter of law and did not warrant en banc review.

Basically: the Attorney General explicitly declined to seek Westfall certification back in 2023, Trump didn’t push back at the time, and the case went to trial and verdict. The Trump DOJ’s obvious counterargument — that a different administration gets a fresh shot at this — isn’t how it works. The waiver belongs to the United States as a party, not to whoever happens to be sitting in the AG’s chair at any given moment. The courts have said so, repeatedly and clearly.

But now it’s heading to a Supreme Court that has already declared Trump immune from basically anything in court, so who the hell knows where it goes.

There’s so much craziness going on right now that this barely registers as a blip. A jury found the President of the United States liable for sexual assault and defaming his victim. He’s been trying to make that verdict disappear for years. Now he’s got the Justice Department helping him. And it’s not even among the five most alarming things involving Donald Trump that day.

06:00 AM

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