Mostly Monday Reads: The February 2026 Blues

“Groundhog Day is serious business for our illustrious Homeland Security Secretary.” John Buss, @repeat1968

Good Day, Sky Dancers!

This year has started out with violence and erasure of those members of our diverse nation that are deemed inconvenient to the old white christian nationalist me. Trump and his Klan have forsaken everything promised in our laws and Constitution. They’ve replaced it completely with identity politics and allegiance to an orange guy who likely has never read an entire verse of the Bible in his lifetime. The headlines lack substance and describe horror.

I’ve two rather nerdy articles that will impact all of us if we don’t pay attention. The third is basically more deadly results of Trumpian incompetence. The Groundhog and the annual celebration of Black excellence are on the calendar, but not the news desks today. Let’s focus on why justice and equality of been taken off the American agenda and replaced with mayhem and hatred.

First up is an article at the New York Times. It’s written by Jodi Kantor. “How the Supreme Court Secretly Made Itself Even More Secretive. Amid calls to increase transparency and revelations about the court’s inner workings, the chief justice imposed nondisclosure agreements on clerks and employees.” There’s enough injustice nowadays to go around for everyone but rich old men and the traditional sellout members of disenfranchised Americans.

In November of 2024, two weeks after voters returned President Donald Trump to office, Chief Justice John G. Roberts Jr. summoned employees of the U.S. Supreme Court for an unusual announcement. Facing them in a grand conference room beneath ornate chandeliers, he requested they each sign a nondisclosure agreement promising to keep the court’s inner workings secret.

The chief justice acted after a series of unusual leaks of internal court documents, most notably of the decision overturning the right to abortion, and news reports about ethical lapses by the justices. Trust in the institution was languishing at a historic low. Debate was intensifying over whether the black box institution should be more transparent.

Instead, the chief justice tightened the court’s hold on information.Its employees have long been expected to stay silent about what they witness behind the scenes. But starting that autumn, in a move that has not been previously reported, the chief justice converted what was once a norm into a formal contract, according to five people familiar with the shift.

Over the years, journalists and authors have sought to penetrate the court, and the justices have tried varying methods to guard its secrets. Some generations of clerks, but not others, said they were asked tosign a different kind of confidentiality pledge.

The New York Times has not reviewed the new agreements. But people familiar with them said theyappeared to be more forceful and understood them to threaten legal action if an employee revealed confidential information. Clerks and members of the court’s support staff signed them in 2024, and new arrivals have continued to do so, the people said.

A spokeswoman for the court declined to comment about the nondisclosure agreements. She also did not respond to a question about whether the justices have been asked to sign the contracts.

The people who described the agreements spoke on the condition of anonymity because they were not authorized to speak publicly about court matters.

The justices are accustomed to controlling what the public knows about their work, sealing nearly everything but their oral arguments and written opinions behind a high wall of secrecy. Courts are excluded from the open records laws that require many other government bodies to maintain and make available internal information.

The justices claim their papers belong to them, not the government or the public, and generally arrange to have them locked away until long after their deaths. The court releases no visitor logs to reveal who meets with the justices.

This comes after a series of leaks and reports about the Court’s inner workings. We’re entering a period where it will take some real balls to be a whistleblower, knowing what kind of misfortune comes to those in any branch of government who dare question the wannabe king and his court of sycophants. The second article on liberty and justice comes from Steve Vladeck’s Substack One First. “207. The Justice Department Beclowns Itself (Again). The denouement of DOJ’s misconduct complaint against Chief Judge Boasberg provides useful lessons relating to both the Department’s continuing misbehavior and the emptiness of calls for impeachment.”

There is, as ever, too much court- (and Court-)adjacent news to cover, including this morning’s New York Times double-feature on the Chief Justice’s move to have Court employees sign non-disclosure agreements and on the Times’s own expanding coverage of the Court. But I wanted to use today’s “Long Read” to come back to a post I wrote last July—shortly after the Department of Justice submitted (and then Attorney General Bondi tweeted about) an unprecedented judicial misconduct complaint against the chief judge of the D.C. federal district court, James E. Boasberg. As I wrote at the time, DOJ’s complaint was “almost laughably preposterous.” The gravamen of its charge was that Boasberg had violated the Code of Conduct for United States Judges by relaying (at a private breakfast with the Chief Justice and a group of other district judges before a meeting of the Judicial Conference of the United States) that several of his colleagues were worried about the Trump administration potentially defying their rulings.

That complaint is back in the news because late last week, we finally learned about its outcome. After a bit of procedural shuffling that I’ll explain below, it was dismissed, quite cursorily, by Sixth Circuit Chief Judge Jeffrey Sutton in a … brusk … seven-page memorandum and order. Not only did Sutton pour cold water on DOJ’s theor(ies) of Boasberg’s misconduct, but he also expressed understandable frustration with the fact that DOJ never produced the document that it claimed memorialized Boasberg’s alleged misconduct—even after it was specifically told that it needed to do so to substantiate its claims.

In other words, after filing an unprecedented complaint against a sitting federal judge, making a big public stink about it (which, by the way, was itself a violation of the law), and having its complaint invoked as one of the grounds for the proposed impeachment charges against Chief Judge Boasberg, DOJ … never followed through. It turns out, it was never about adjudicating Boasberg’s behavior; it was about making splashy headlines and fueling right-wing attacks on the judiciary without regard to whether DOJ’s specious charges would withstand meaningful scrutiny.

The obvious takeaway is that the Department of Justice has once again beclowned itself. I’d say it has shredded even more of its credibility, but when you’re publicly soliciting for new lawyers to apply via Twitter (with the primary qualification being that they “support President Trump”), there may not be any credibility left to shred. Instead, the more significant takeaway is that this really ought to be the final nail in the coffin of congressional Republicans’ breathless efforts to gin up impeachment charges against a judge whose only actual sin, as it turns out, was to decline to roll over when the government defied one of his orders, and then lied about it.

Read more details on the case at the link. Watching a war within the Judicial Branch is not something I had on my bingo card. This tragic headline is reported by Stephanie Kothan, writing for the San Antonio Current.”Source: Measles outbreak reported at ICE’s Dilley family detention facility. ICE officials informed members of the Senate Judiciary Committee about the outbreak, immigration attorney Eric Lee said.”

After a week of public outcry over the South Texas Family Residential Center’s treatment of young children behind its walls, the Dilley facility is experiencing a measles outbreak, according to immigration attorney Eric Lee.

Lee, who went viral last week for capturing the moment a protest broke out inside the facility, told the Current that Immigration and Customs Enforcement (ICE) informed Senate Judiciary staff of the outbreak over the weekend. At least two cases have been confirmed at the facility as of press time, the attorney said.

Over 400 children are detained at the Dilley facility, which currently holds approximately 1,200 detainees.

Speaking with the Current on the phone, Lee detailed the harsh conditions families already experience inside, including “food with worms, bugs in it.” Lee also described the putrid smell of the water families are forced to drink, which they also have no choice but to mix with baby formula.

Lee represents a family of six inside the facility, including several small children.

One of the children, all of whom have spent a birthday in the facility, suffered from appendicitis and was told by staff to take a pain reliever. He was later rushed to the hospital to have his appendix removed after his condition had worsened.

“He nearly died,” Lee said.

Speaking at a press conference outside of San Antonio City Hall on Wednesday, Congressman Joaquin Castro, D-San Antonio spoke of a 2-month old baby detained at the facility “for four or five days.”

Measles was declared eliminated in the Unites States in 2000, but it is again circulating in parts of the country.

“[I]ncreasing numbers of measles infections — driven by misinformation about vaccines and reduced vaccination rates in some communities — have been reported over the last five years,” according to report by University of Chicago Medicine.

CBS News has this follow-up. “ICE halts all movement at Texas detention facility due to measles infections.” This story is reported by Camilo Montoya-Galvez.

U.S. Immigration and Customs Enforcement halted “all movement” at a detention center in Texas for families and quarantined some migrants there after medical staff confirmed two detainees had “active measles infections,” the Department of Homeland Security said Sunday.

The measles cases at the Dilley Immigration Processing Center were detected Friday, Department of Homeland Security spokesperson Tricia McLaughlin said in a statement to CBS News. The ICE facility houses parents and children taken into federal custody over alleged violations of immigration law. It is located in south Texas, roughly an hour drive from San Antonio.

“ICE Health Services Corps immediately took steps to quarantine and control further spread and infection, ceasing all movement within the facility and quarantining all individuals suspected of making contact with the infected,” McLaughlin said.

McLaughlin said medical officials were monitoring detainees and taking “appropriate and active steps to prevent further infection.”

“All detainees are being provided with proper medical care,” she added.

Before McLaughlin’s statement on Sunday, immigration lawyers had reported concerns about a potential measles outbreak at the Dilley center.

Neha Desai, a lawyer for the California-based National Center of Youth Law, which represents children in U.S. immigration custody, said she hopes the measles infections at Dilley are not used to “unnecessarily” prevent lawmakers and attorneys from inspecting the detention center in the near future, citing broader concerns about the facility.

“In the meantime, we are deeply concerned for the physical and the mental health of every family detained at Dilley,” Desai said. “It is important to remember that no family needs to be detained — this is a choice that the administration is making.”

This neat link shows that at many levels of the Federal Government, our Federal Workers are still trying to make it work! “February is Black History Month. The Library of Congress, National Archives and Records Administration, National Endowment for the Humanities, National Gallery of Art, National Park Service, Smithsonian Institution, and United States Holocaust Memorial Museum join in paying tribute to the generations of African Americans who struggled with adversity to achieve full citizenship in American society.” It covers many topics, including the role of Black Americans in the Military,

More than 400 years of Black history and heritage are preserved in national parks and communities around the country. Discover stories shared by people who formed powerful connections with these places of history, nature, and enjoyment. Inspire others by sharing your “park story”!

Here is one sad example of the backsliding today, as reported by Dr. Stacey Patton on SubStack. “A Law Written to Stop White Men from Lynching Black People Is Now Being Used Against Black Journalists. Sit With That!”

The Klan was not a disorder problem. It was not a public nuisance. It was a domestic terror machine built to erase Black citizenship through fear, spectacle, and mass killing.

And now, more than 150 years later, that same legal architecture is being aimed in the opposite direction. Not at racial terror networks. Not at organized white nationalist violence. Not at the groups openly fantasizing about civil war and racial cleansing online. At Black journalists documenting racial injustice in real time. That is not irony. That is the goddamn strategy!

Because American racial power has never only been about domination. It has always been about narrative control. Who defines violence. Who defines disorder. Who defines threat. And one of the most reliable tools in that playbook is inversion.

Inversion is when civil rights law becomes “reverse discrimination.” Anti-lynching language becomes “law and order.” Voting rights enforcement becomes “election interference.” Anti-racist speech becomes “racial division.” And now, a Reconstruction-era anti-terror statute becomes a tool to criminalize Black documentation of racial injustice.

The pattern is brutally consistent. Civil rights protections are not just attacked. They are eventually repurposed. Not immediately. Not clumsily. But strategically. Once enough historical distance exists for the original bloodstains to be blurred, sanitized, or erased. And that erasure is not accidental.

Because you cannot weaponize civil rights law against Black people unless you first strip it of memory. You have to remove the smoke. The photographs. The testimonies. The written admission that white citizens once terrorized Black ones while state governments stood aside.

Once you erase that, you can do anything.

Orange Caligulia cannot keep his hands off our National Treasures. We’ve already lost the historic East Wing of the White House.  Are we about to see the Kennedy Center be the next disaster brought on by Trump’s nasty taste and love for wrecking real estate? This is from the AP. “Kennedy Center will close for 2 years for renovations, Trump says, after performers’ backlash.” This seems to be the destiny of some of our most important Federal and Heritage sites.

President Donald Trump said Sunday he will move to close Washington’s Kennedy Center performing arts center for two years starting in July for construction, his latest proposal to upturn the storied venue since returning to the White House.

Trump’s announcement on social media follows a wave of cancellations by leading performers, musicians and groups since the president ousted the previous leadership and added his name to the building. Trump made no mention in his post of the recent cancellations.

His proposal, announced days after the premiere of “Melania, ” a documentary of the first lady was shown at the center, he said was subject to approval by the board of the Kennedy Center, which has been stocked with his hand-picked allies. Trump himself chairs the center’s board of trustees.

“This important decision, based on input from many Highly Respected Experts, will take a tired, broken, and dilapidated Center, one that has been in bad condition, both financially and structurally for many years, and turn it into a World Class Bastion of Arts, Music, and Entertainment,” Trump wrote in his post.

Neither Trump nor Kennedy Center President Ric Grenell, a Trump ally, have provided evidence to back up their claims about the building being in disrepair, and last October, Trump had pledged the center would remain open during renovations. In Sunday’s announcement, Trump said the center will close on July 4th, when he said the construction would begin.

 

So, that’s it for me today!  Take care of yourselves and remember that there are more of us than them. We just need to continue to remind them of it!

What’s on your Reading, Action, and Blogging list today?