Chris Johnson

canadian attorney clowning around and banging the gavel on his head

State of New York v. Donald J. Trump (25-cv-01144) S.D. New York

This is the case out of New York’s Southern District, under the Second Circuit. The Second Circuit is anti-gun and anti-“The People”. The Southern District translates to New York City.

If you can find a pro-gun or pro constitution judge in the Southern District of New York, you are doing better than most people.

The Lawfare team filed a case on Friday. The case was originally assigned to judge Paul A. Engelmayer for “part 1”. This seems to mean that he is the judge handling “emergencies”.

This is the judge that would handle the cops needing a federal warrant, right now. Or requiring a TRO to stop an ongoing situation with irreparable harm. Lady has just had the shit beat out of her and wants a TRO. The abuse TRO is a state issue, not federal, but I’m trying to explain.

As far as I can tell, they waited until they knew this particular judge was on duty and for it to be Friday night. In general, nothing happens in the courts over the weekend.

This particular judge issued a TRO around 0100 on Saturday. Go find some YouTube lawyers to explain how bad this judge did. It was bad.

To put perspective on the timing of this, the TRO was entered into the docket before the complaint was.

The Trump attorneys weren’t even on the case until Sunday. That appears to have been intentional for the plaintiffs (Bad guys)

The original judge put the case on a “fast track” that had hearings taking place later this week. The judge who is sitting on the merits of the case is having nothing of it.

She ordered the parties to meet and work something out Monday morning. They did, in part. Still not enough.

The plaintiffs waited until the last minute to file their memorandum of law (A statement of the laws they think Trump is breaking and why they believe he is breaking those laws.)

The Defendant, Trump, had their replied filed by 2200.

This stuff is moving rapidly. I expect to see movement on the case by the time you are finished your second coffee.

Portrait of a young businessman with finger on his lips

Clearances

Every piece of information the government or military processes has a classification level assigned to it.

Currently, the federal government lists four levels of clearances that are associated with classification levels.

The other level is “No Clearance”.

Information that is classified as “Confidential” could cause damage to national security if disclosed. Note the weasel word “could”. The definition will often add “without authorization”.

This is the “lowest” classification. There are really two other levels below this.

There is For Official Use Only (FOUO) which is sometimes called Sensitive Unclassified.

This is information that anybody working at a government site might be exposed to. It may not carry any markings. So if you were to see a list of SSN, you don’t have to be told that those are Sensitive Unclassified or FOUO.

This is the same in the health care industry or data processing industry. By this, I mean that there are laws in place that protect people from sharing my personal information. My doctor can’t share my health information. I can’t share your name or email information, if I collect it via a credit card payment.

This doesn’t mean that people aren’t stupid. At one government installation I used to work at, they had a recycling program for paper. You could take used printer paper home to use for projects and stuff. Think of using it in the bottom of a bird cage.

The head of the installation put an end to it when he picked up something at a local shop, wrapped in used paper. The paper was from the installation and had SSN plus wages printed on it.

By the time I got to the installation, we had industrial shredders. Every piece of paper that would have gone in the garbage was fed through the shredders.

What does this mean in terms of the DOGE team? If they are properly employed and tasked to do the work they are doing, they have all the clearances they need to see FOUO and Sensitive, Unclassified material. They don’t need a clearance to see and work with that data.

As soon as we move to information that is classified, certain things become true. First, it is supposed to be marked.

This is one of the issues with the Hilary emails. She had information on her private server that had no markings, which came from classified sources. Those classified sources were marked.

In addition, she was informed that the source of that information was classified, and the information was classified, regardless of markings.

In other words, if I observe a weapons test and I see something that I know is or will be classified, I must treat it as classified. Even if it is not “marked”.

So information is classified. It is classified by level. Just because you have a clearance, it doesn’t mean that you have access to the information.

You must also have a need to know.

I, personally, got racked over the coals by one Army Officer and then got to watch our security officer rake him over the coals. The difference being that the Army Officer could have had lots worse happen to him.

He was in an area that implied he had a clearance. I knew he had a clearance. I even knew what level he had. It was higher than mine, at the time. He asked to see some classified information and I refused.

For this, I was raked over the coals by this officer. I told him that I had to have confirmation from my security officer that he had a need to know.

He stormed out, came back with my security officer. He explained. The security dude asked if the officer had it right. I said “yep.” The security dude then ripped the officer a new one.

The army officer had to have a need to know. He did. But I don’t get to make that determination. Only authorized people can do that. One such authorized person was my security officer.

Above Confidential is Secret, above that is Top Secret, and above that is Top Secret, Sensitive Compartmented Information.

To be granted any clearance, you need to be vetted. That requires you to fill out several invasive forms. These are then used to start a background check. How through these background checks are depends on the level of clearance being requested.

Your clearance doesn’t belong to you. It belongs to the entity that wants you to have a clearance. That entity must have a clearance. The entity requests that you be granted a clearance. Your entity then gets the paperwork from you which is then handed over to the investigators.

When you are granted your clearance, your entity will be informed. Your entity will have a security officer at the least and may have an entire office dedicated to handling clearances.

My entity was Cray Research. Once their security office was informed I had received my clearance, they informed the security office where I was employed. At that point, I had a clearance. And nobody would have given me a bit of classified information.

The people I worked directly with were told I had a clearance by their security office. The people I worked indirectly with I told. They then verified with their security office.

When I left that government installation, my clearance still existed. It was “owned” by Cray Research. My clearance didn’t mean anything because I wasn’t at a government installation.

When I went to different government locations, where I had a need to know, my security people sent the proper security magic to the locations where I was going. This allowed me to see what I had a need to see.

When I left Cray Research, my clearance still existed. Cray Research no longer owned it. Somebody in the government had control over it.

When I joined a different company, they put in a request for my clearance, and it was granted because it already existed.

Ok. Done with me.

What this means is that the people that DOGE is using could have had clearances because of other projects they had worked. When they started working for DOGE, their clearances were either transferred to DOGE or their entity informed DOGE of what clearances they had.

So this nice young man of 20 or so wants to inspect a computer system at CFPB. The administration says, “Hell no, you don’t have the clearances to see our systems because you might see our data.”

The young man calls his security office and has them transmit the clearances to CFPB security. “Call your security office, they will verify that I have the clearances to access the systems and the data.”

The administrator, having lost the first battle, says, “You don’t have a need to know.”

The young man presents the orders he has been given him by the boss of CFPB and that is satisfied, after verification.

That’s how clearances work.

Now, the current NPC talking point is that this young man is unelected, reports to Elon, and as such will access data he shouldn’t and then use it or leak it.

When you hear this, you should translate it to: “Are you saying the FBI and other agencies can’t do a background check? That this young man with clearances shouldn’t have them? What agency or person are you accusing of granting a clearance to somebody that can’t be trusted?”

Yeah, I’ve about had it with Democratic(NPC) talking points.

Exercisings the Powers

If you have had the misfortune of listening to the democrats rant about “constitutional crisis” or “illegal actions”, it is time to take a long hard look at what Donald Trump is actually doing.

I believe that one of the problems that Trump 1.0 had was that he came into office thinking it was another corporate takeover. Something he had done multiple times. He brought his lawyers with him.

Those lawyers were not prepared for the conflict, the war that was going to be waged against Trump.

Having spent the last few years reading court cases, listening to lawyers pontificate about cases, I have learned that there are different types of lawyers. Some are good at one thing and horrible at others.

Trump 1.0’s people were not ready to take on the swamp.

Trump 2.0 has hit the ground running. And he is trolling his opposition like the master he is.

So consider this, as a state lawyer, Trump has no power to fire Letitia James. She is not within the chain of command.

On the other hand, for her to do her job, she needs access to federal resources.

Trump revoked her security clearances. He has also banned her from all Federal buildings.

Her fangs have just been pulled.

He is yanking clearances left and right. This is a good thing. The less access these people have, the less damage they can do to our country.

Consider these two posts:

If you read the comments, you can see exactly how I feel. This is what we voted for.

Here is the same information, posted by a democrat.

We Can’t Help Winning

Being a little short of ideas today, I went to the well again. X never fails to deliver.

I have seen so many lists of Republican wins that when this showed up in my feed, I just read it.

And what I read sounded like a win to me. I went to see which of the people I was following posted this wonderful list.

It was David Hogg. He posted this thinking it was a win. He is the gift that just keeps on giving.

Yes, the feature image is AI generated. Grok made it for me.

Somehow, they managed to talk for 30 hours straight in a 24-hour day.

It is unconstitutional to create a law targeting a person.

The acting secretary of Education will give the letter all the attention it is worth. About nothing.

They admit it is just a delay tactic.

Good, let’s find out if they should be receiving funds, if they are supposed to receive funds, let’s get the money flowing again. If they aren’t supposed to be receiving funds, great! We’re done.

We win.

Another Win: Protecting Second Amendment Rights

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:

Section 1. Purpose. The Second Amendment is an indispensable safeguard of security and liberty. It has preserved the right of the American people to protect ourselves, our families, and our freedoms since the founding of our great Nation. Because it is foundational to maintaining all other rights held by Americans, the right to keep and bear arms must not be infringed.

Sec. 2. Plan of Action. (a) Within 30 days of the date of this order, the Attorney General shall examine all orders, regulations, guidance, plans, international agreements, and other actions of executive departments and agencies (agencies) to assess any ongoing infringements of the Second Amendment rights of our citizens, and present a proposed plan of action to the President, through the Domestic Policy Advisor, to protect the Second Amendment rights of all Americans.
(b) In developing such proposed plan of action, the Attorney General shall review, at a minimum:
(i) All Presidential and agencies’ actions from January 2021 through January 2025 that purport to promote safety but may have impinged on the Second Amendment rights of law-abiding citizens;
(ii) Rules promulgated by the Department of Justice, including by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, from January 2021 through January 2025 pertaining to firearms and/or Federal firearms licensees;
(iii) Agencies’ plans, orders, and actions regarding the so-called “enhanced regulatory enforcement policy” pertaining to firearms and/or Federal firearms licensees;
(iv) Reports and related documents issued by the White House Office of Gun Violence Prevention;
(v) The positions taken by the United States in any and all ongoing and potential litigation that affects or could affect the ability of Americans to exercise their Second Amendment rights;
(vi) Agencies’ classifications of firearms and ammunition; and
(vii) The processing of applications to make, manufacture, transfer, or export firearms.

Sec. 3. Implementation. Upon submission of the proposed plan of action described in section 2 of this order, the Attorney General shall work with the Domestic Policy Advisor to finalize the plan of action and establish a process for implementation.

Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Protecting Second Amendment Rights

happy new year 2025 countdown clock on abstract glittering midnight sky with copy space, festive party invitation card concept for new years eve

Tick Tock, The Clock is Done

The amount of grief I’ve put up with to get this working buggers imagination.

To have a NTP stratum 1 server, you need to have a certain set of capabilities.

First, you need a stratum 0 device. This is an atomic clock or a GPS receiver.

You need a method to communicate with the GPS receiver.

Your clock needs to be network connected.

Each of these pieces must be done correctly with the least amount of jitter possible.

Jitter is how much a signal deviates from its target. If the jitter is zero, then we have a level of accuracy that depends solely on our reference clock.

The little GPS unit is self-contained. If it is supplied 3.3V of power, it will search for satellites and do the calculations to know what time it is and where it is.

The calculations turn out to be for someplace along the cable from the antenna to the GPS unit. Some highly accurate versions of the GPS SoC measure the length of the antenna feed and account for that in the calculations. Regardless, it is the time for a place a little offset from the actual GPS chip.

For me, that is a delay of around 10ns.

The GPS will communicate via a serial protocol. This means that we have a delay from when the message is received and when we can put our timestamp on the message. For me, that is around 140ms.

This can be discovered by tracking the time indicated by the serial GPS and the system/local clock. The local clock is synced to multiple remote NTP servers to get this number.

Unfortunately, there is about a 1ms jitter in this signal.

If I were to use a USB converter. I.e., serial to USB, that jitter goes up. I am seeing a jitter of 4 to 9 ms.

Using the serial directly is a good start.

But there is another signal that can help. That is the Pulse Per Second (PPS). We are using a 1second pulse.

IFF we can capture the time at which the pulse arrives, we can get a very accurate start of the second marker.

This requires that the hardware have a general purpose input/output(GPIO) pin available.

Most motherboards do not have exposed GPIO pins. Worse, some boards have GPIO pins, but there is no documentation on how to access them.

So the server board requires GPIO plus a method of accessing those pins.

There are two ways to discover a change of value, we can pole for it, or we can get an interrupt.

Consider you have your phone alerts silenced so you don’t get a noise every time you receive an email or message.

You have to check your phone for new messages. This is “poling”.

If somebody calls, your phone still rings. You then immediately check to see who it is and perhaps answer the phone.

This is an interrupt.

The default operation of a GPIO pin is poling driven. Even if it is generating an interrupt, that interrupt is only used to record the change of value.

What is needed is a high-performance interrupt handler. When an interrupt happens, the handler records the system clock. A user land process watches, either poling or interrupt, it doesn’t matter, for that value to change.

When it changes, the software knows that the GPS “knew” it was the start of the second when it created the pulse.

The amount of jitter is only as much time as it takes for the system to allocate a CPU and for that CPU to process the interrupt. In other words, really, really fast.

Currently, the jitter on my PPS reference clock is 300ns. Because of the many samples that have been taken, the PPS reference clock is currently running 17ns from the real time. That has been going down over the last few hours. By the time you read this, it is likely to be even less.

The PPS clock is so tight that the other clock sources hide the values, even in logarithmic form

This is an interesting graph, to me, as it indicates how the system clock is slowly being conditioned to keep more accurate time. It software currently says that the drift is -17.796271 ppm off which I think translates to 3.324ms

So how bad was this task?  More painful than I wanted it to be.

I’m fine with “dumb” computers.  I started programming on 6502s.  I’ve been bit slinging for 50 years.  Programming Arduino’s?  No problem.

Building a PC from components, installing any compatible operating system?  I do it a dozen times a week when developing.

The Raspberry Pi is a different animal.  It isn’t sold as a low-level system.  You can use it that way, but that is not how it is intended to be used. It is sold as a System On a Board (SOB) that runs a modern (Linux, Android) operating system.

This is where things get strange. When we are working with modern PCs, they have known hardware.  We boot the computer, run the OS, the OS has drivers to talk to the hardware.  Everything just works.

This is possible because PC’s have a Basic Input Output System (BIOS).  This is a low-level set of routines that are there to allow accessing certain parts of the hardware with a standard Application Protocol Interface (API).

Since every BIOS has the same API, OS vendors can use the BIOS to load enough of their software to continue booting.  The hardware is attached in known ways.  The hardware vendor supplies the drivers for their hardware.  Linux people write their drivers if needed.

So consider that SOB. It has a serial port.  The serial port is controlled by a standard UART.  That UART is programmed in a standard way.  They are all the same.

In order for that UART to work, the software needs to know where the UART is located in memory (or on the I/O bus). In addition, the pins that the UART uses have to be configured for the UART.  Most UART’s use standard pins on the GPIO header. The pins that the UART uses can be used in different modes for different things.

The problem comes from that address being different in every SOB or SOC.  A board could have one, two, or more GPIO driver chips.  It all depends on the designer.

The developers overcome this issue with what is called a “Device Tree”.

The device tree is a parsable description of devices and their locations in memory or on the I/O bus.

The board I purchased doesn’t have a supported modern OS.  The only OS that I could get to boot was released in 2016.  The OS is not really supported anymore.  The board itself was flaky. It would randomly reboot, or just power off.

The “modern” OS that should have worked didn’t even complete the boot.

In discussions with a community support person, we decided that there was hardware that was not being properly initialized in the kernel.  I.e., we had a bad Device Tree.

The replacement Banana Pi doesn’t have a supported modern OS.  It is fully supported by Arabian, which is a supported, modern OS.

When I first booted the system, it just worked.  I was thrilled.  It has continued to work properly.

Then I plugged the GPS in.  I could see it blinking.  This indicates that it has a lock and the PPS signal is being sent.

But I can’t get any input on the serial ports.

It turns out that the default device tree doesn’t activate that UART.  Once I figured that out, I had to find an overlay to the device tree to turn on the UART.

That was a pain, but it happened.

Working serial, no PPS.

With the tools on hand, I could monitor the GPIO pin and see the PPS.  But it wasn’t doing anything.

I loaded the correct kernel modules, still no PPS.

My Google Foo suggested that the device tree entry for PPS was missing.

Yep, there was no PPS overlay.

The Linux kernel documentation describes the Device Tree.  But no real examples, and nothing fully commented.

By comparing multiple sources, I finally was able to create a device tree overlay for PPS. I need to figure out how to return that DTD to the community.  The problem is, I don’t know what the hell I did.  I made it work.  I think I know what was done.  Nonetheless, it was truly a case of looking at different device tree overlays and picking out the parts that seemed to match what I needed to do.

I don’t think I’ve had this much difficulty hooking up a piece of hardware since 1983, when I was attempting to attach a DEC 10 MB hard drive to a computer that wasn’t really a DEC.

The only tasks remaining is to put everything in a case and move it to its long-term home, off the top of my computer.

A Book about DEI diversity, equity and inclusion and paper figurines.

How DEI works in hiring

Consider for a moment that you are a company that contracts with the government. You have a 5-page contract about what you are supposed to deliver, how much you will charge, and when it will be delivered.

The other 200+ pages of the contract are where you promise to do all the “equality” stuff the government mandates.

You don’t even need to be a government contractor, there are many industries where there is a government agency watching over them to make sure they are “equitable” in their hiring.

So we have two positions open, one is for a Widget Designer, and one is for a Machine Operator.

The requirements for the Widget Designer are that they have a 4-year degree, 3 years in the Widget Industry, and have two successful widget designs.

The requirements for the Machine Operator are the ability to lift 50 pounds, to be able to stand for 8 hours, to be able to read English, and to be able to learn to operate the machine. Training will be provided by the company. The first 6 months are probationary.

20 people apply for the Machine Operator position. The top 5 are asked to return for a second interview. After the second interview, two are offered employment.

These 2 are the top 10% of the applicants. They both look good for the position, both have the potential to move up.

And they are both people of color and met the diversity requirements put in place by the government. Everybody is happy. These are both merit-based hires.

The Widget Designer position is a different animal. There are four applicants, not 20. Of the four, one does not meet the requirements and does not move forward.

The other three are interviewed and two are asked to return for a second interview with the lead Widget Designer.

After the second interview, there is a management meeting. The lead Widget Designer comes in to give his opinion.

Candidate A is outstanding! They know this stuff inside and out. It turns out that they were part of the design team for the XYZ Widget Company.

Candidate B is ok. They are competent, they will work out. We might have to do a bit of hand holding in the beginning, but not a horrible choice.

The lead leaves and management gets down to work.

Both candidates meet the requirements.

But, one of them is a black woman in a wheelchair that is non-binary. The other is a normal, every day, guy.

Who gets picked?

If there is any DEI involved, the woman gets picked. If not, then candidate A gets picked.

Did the company lower their standards if they picked the woman? No. They did not. Both candidates passed the requirements stage.

Did they pick the best candidate for the job, based on merits? Only if the woman is candidate A.

And this is how you end up with a lower quality of people without ever lowering your standards.

If candidate A is not picked, he will go find something else to do. He might even change careers. The world is his oyster because he is a capable person.

In a couple of years, when the company is looking for another Widget Designer because they hired based on “equity” standards and not merit standards, he, and many like him, aren’t available. They have moved on.

Because there is an education requirement as well as an experience requirement, there is a tail from the time the “equity” hires start until there are new, qualified people.

If a person in school learns that they will not be hired, because of the color of their skin, they will switch majors. That means from the time that they say “We want to hire” it is four plus years before we have new candidates, with no experence.

White paper with musical notes closeup background. Music writing concept

Tuesday Tunes

I’ve been in the Psycho wars for the last couple of weeks. One poster tells me how this action is illegal, this other poster tells me it is constitutional.

This person tells me that Mexico backed down. This other guy informs me that Trump backed down.

I’m told that we are about to get into a shooting war with Panama, and then the Panamanian president tells me he’s caved.

Over here, I’ve got the Governor of Canada notifying me that he’s going to ruin my week by putting tariffs on the goods coming into his state. Then I have this person explaining how his state has lots of “salty” crude oil. Which can only be processed at one US refinery. So according to this person, he has to send his crude to the US, at a 25% tariff, then we will refine it, and then his people will import it and face another 25+% tariff.

Really, somebody needs to take this to SCOTUS. The constitution clearly states that this sort of interstate squabbling isn’t supposed to happen.

A Week of FAFO

So the Mexican cartels have decided that they want to play games and win big prizes.

They might actually find out. They have already started taking pot shots at federal agents on the north side of the river.

I believe that we might just have that moment when Mexico remembers that they lost all the wars with the United States.

A bit further south, Rubio visited with the president of Panama. They contract with the Chinese company has been canceled, and it looks like the canal will go back to treating US ships with due respect.

The Governor of Canada is having a hissy fit. Seems that he doesn’t want to close the border to drug trafficking and unvetted terrorists crossing in to the rest of the US.

Instead, he has decided to call what he thinks is a bluff. A 25% tariff goes into effect this week.

Doubling down on stupid, Mexico and the great state of Canada have decided to impose tariffs on us.

As the Texas Governor put it, “Texas has a larger economy than Canada, and we are not afraid to use it.”

Have a fantastic week.