Dispatch From COGE: A Bureaucratic Meeting About Cutting Bureaucratic Bloat


COGE meeting on the left, a sign pointing toward the COGE Public Hearing on the right | Meagan O'Rourke/Reason

Six weeks ago, New York City Mayor Zohran Mamdani announced the creation of COGE, the Commission on Government Efficiency. While the commission’s name might sound like Elon Musk’s now-dead federal DOGE and conjure up an image of a chainsaw-slashing, afuera-style attack on the city’s $125.8 billion budget, the commission has thus far been a typical governmental task force. 

Before proposing changes to the city’s charter, COGE is holding a series of 11 meetings to gather input from elected officials and the public about improving government efficiency. On Wednesday evening, I went to the penultimate COGE meeting in the auditorium of the historic Riverside Church in Morningside Heights to witness COGE in action. The meeting started about 20 minutes late. When the commissioners finally took their seats, a lone audience member began clapping, and the rest of the attendees tentatively joined him. 

New Yorkers attended a COGE meeting on Wednesday night in Morningside Heights to discuss improving government efficiency. (Meagan O'Rourke/Reason)

The woman to my right said she was told she may not have time to testify during the meeting because city officials were giving presentations. The first hour of the meeting was, in fact, dedicated to lengthy presentations. Comptroller Mark Levine urged the commission to adopt clear rules for the city’s rainy day fund so emergency funds may be better protected and set aside for times of economic crisis. The public advocate, the city’s elected watchdog, then spoke about wanting easier access to city agency information. New York City Buildings Department Commissioner Ahmed Tigani, fresh off dealing with a building crisis in Midtown, discussed ways to accelerate safe construction projects. Tigani’s colleague then shared recommendations from the SPEED task force, which seeks to “expedite equitable development” (i.e., build affordable housing faster). 

The Commission on Government Efficiency listened to testimony from elected officials, experts, and the general public. (Meagan O'Rourke/Reason)

After the officials and experts testified for over an hour, members of the public were called to the front of the auditorium in pairs and were given three minutes to share their grievances and suggestions. The woman sitting next to me left before testifying. 

The theme of this meeting was streamlining permitting, but participants testified about a range of issues, from street safety complaints to teachers’ inability to gather supplies (despite the NYC Education Department’s $45 billion budget). Some participants shared testimony over Zoom, and participants were also able to submit written testimony online. One gentleman complained that the city was not ticketing cars on his street. In line with the COGE mission, nobody at the meeting demanded outright cuts to agencies, but they shared ideas for improving existing processes. 

Like at any public meeting, the attendees at the Riverside Church meeting were a self-selecting group. They were not local cranks like in Parks and Rec; they were mostly leaders of various civic groups and associations, including the Times Square Alliance. Those who attended appeared to be in good spirits, clapping after each testimony (although I did catch two people snoozing). It was heartening to see that these New Yorkers cared enough about efficiency to attend a three-hour-long governmental meeting on a summer evening. 

Perhaps improving government efficiency in New York City requires a long and tedious process like this. But let’s remember that several of those at the helm of COGE have had long careers in city—and, in some cases, federal—government. These commissioners appear to place great faith in the government’s ability to solve problems (if only it were more efficient), and they have little incentive to cut the programs they have spent their careers building. And while COGE may have good intentions, the commission’s approach does not attack inefficiency at its source: the expansive size and scope of government.

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She Came to the U.S. at 4 Months Old. She Had To Self-Deport—Because She Came Here Legally.


A woman in a backpack walks toward the U.S.-Mexico border | Adani Samat/ChatGPT

Naturalization ceremonies on the Fourth of July are singularly joyous occasions. New members are officially inducted into the American project on the day that celebrates that very thing. So what is a July 4 self-deportation?

Patricia Rojas, 25, found out this month, when she moved to Mexico. Like many immigrants, she had wanted to stay in the United States. Unlike many immigrants, however, she had lived in America legally since she was 4 months old and has never known another country as home.

Rojas is, in other words, a “Dreamer,” the nickname given to those who came to the United States as kids through no fault of their own. The Deferred Action for Childhood Arrivals (DACA) program shielded from deportation many immigrants who arrived here illegally as children. But there is an asterisk in Rojas’ case, and in about 250,000 other cases: She is a Documented Dreamer, in that she came here lawfully. Had her parents opted to come illegally, Rojas would not have had to self-deport.

But the path to legal permanent residence is not easy. In a statement, Rojas said her father arrived in the U.S. on an E-2 visa, which allows some foreign entrepreneurs to build businesses here. Yet, while the visa is renewable, it does not allow the recipient to get in line for a green card. The H-1B visa, meanwhile, does—but country-of-origin caps can take decades, and many die waiting in line. Those like Rojas age out of the system if their parents cannot obtain permanent residency before they turn 21.

The subsequent options are few. In Rojas’ case, which she also detailed in a New York Times essay published today, she did not win the H-1B lottery after three attempts—the maximum. This is not surprising: Roshan Taroll, another Documented Dreamer whose case I covered two years ago, had the same experience and had to self-deport to Taiwan.

This hole in the law has received some attention in Congress, although no legislative fix has ever gotten over the finish line. Sens. Rand Paul (R–Ky.) and Alex Padilla (D–Calif.) have introduced the America’s CHILDREN Act multiple times, backed by Rep. Deborah Ross (D–N.C.) in the House. The co-sponsors are heavily bipartisan. “My bill America’s Children Act fixes the documented dreamer problem by prioritizing the children of legal immigrants for permanent status,” Paul told me in 2024. “So, a child whose parents came legally will not have to face deportation when they turn twenty-one.”

The immigration debate has been even more charged than usual recently amid the Supreme Court’s ruling upholding birthright citizenship. Paul, for his part, has made it clear he does not support it. Yet his advocacy for fixing the problems faced by Documented Dreamers is a reminder that there is widespread agreement that we should not actively punish people for coming here “the right way.”

The birthright citizenship debate also looms in Rojas’ mind. How could it not? “Those four months altered my life trajectory,” she writes in the Times. “Had I been born after my family relocated, like both of my younger siblings, I would be an American citizen today.”

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Sen. Mitch McConnell’s Hospitalization Proves Again That Gerontocracy Sucks


Mitch McConnell against a background of money | Photo: Adani Samat/BONNIE CASH/UPI/Newscom/ChatGPT

“We have a sclerotic gerontocracy,” posted then-48-year-old Rep. Ro Khanna (D–Calif.) back in 2024. Gerontocracy means rule by the old. And we Americans certainly are dominated by a cadre of elderly politicians. The U.S. Senate has the oldest average age of members for any directly elected upper legislative chamber in the world, according to the latest data compiled by the Inter-Parliamentary Union.

The fact that Sen. Mitch McConnell (R–Ky.) has been hospitalized for nearly a month proves Khanna’s point. The 84-year-old legislator suffered a serious health emergency and was hauled away in an ambulance from his Washington, D.C., residence on June 14. In his absence, already-feckless Congress is even more unproductive. Legislation proposed by the Senate’s Republican leadership has remained stalled since McConnell’s vote is necessary for its passage.

While the former Senate Majority Leader may not be dead yet, bear in mind that eight of the 16 members of Congress who died in office since 2020 were over age 75.  Most notoriously, Sen. Diane Feinstein (D-Calif.) tottered along for years before dying at age 90 in 2023. The average age of U.S. senators is now around 65, with 10 members aged 79 and older.

Gerontocracy is demonstrably harmful for economic growth. As “a direct consequence of the obsolescence of their personal human capital,” aged elites fail to “seize the opportunity offered by new technologies and to implement the best choice for the economy as a whole,” according to a 2017 study in the Journal of Applied Economics.

In a 2023 Pew Research Center poll, 79 percent of Americans favored setting maximum age limits for federal elected officials. In another Pew poll, only 3 percent of Americans favored having presidents in their 70s or older. Yet here we are.

See my May 2025 Reason article, “Can America Get Out of the Gerontocracy Trap?” where I examined the problems and possible solutions to our sclerotic gerontocracy.

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Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice.

New on the Beyond the Brief podcast: In the 1970s, the Supreme Court upheld requirements that banks report their clients’ cash transactions of $70k (adjusting for inflation) or more. Fast forward to today, and the feds are demanding disclosure of transactions of just $200. Yowza! Are there any constitutional limits on financial surveillance?

New on the Short Circuit podcast: Two Sixth Circuit First Amendment cases that go together “like cocaine and waffles.” With a special appearance by Captain Justice, Guardian of the Realm and Leader of the Resistance. [link forthcoming]

  1. D.C. Circuit: “Heavy is the crime when a government official trades on his office for personal gain.” And separately, this “expediter” who facilitated bribes from nightclub owners to a D.C. tax official, and whose sentencing-guideline recommendation more than doubled after he declined a plea deal, didn’t pay a “trial penalty.” (He’ll serve a below-guidelines nine years and change.)
  2. After a brief tour through some of the D.C. Circuit‘s standing case law, gun owners challenging D.C.’s ban on carrying on Metro get standing by virtue of alleging they paid more money by taking alternative forms of transportation. (Your summarist is puzzled why circuit precedent seems to require pleading such ancillary costs when the plaintiffs are the people being directly regulated by a law they say is unconstitutional.)
  3. Now-former CEO accused of sexual misconduct sues accuser, who testified to Congress about her experiences and who had won an arbitration against him. Unfortunately for him, not only does the D.C. Circuit reject his defamation and related claims based on the common-law privilege for legislative testimony, all the statements at issue are now also in F.4th.
  4. At murder trial, the judge frames the jury’s choice as letting a dying loved one die (acquit) or greenlighting their last-chance surgery (convict). Third Circuit (unpublished): That’s unconstitutional, but what with the defendant’s statement to police (“They shot at me first so I did what I had to do”) and the two shots in the victim’s back, a proper instruction wouldn’t have changed the verdict. Denial of habeas affirmed.
  5. Pretrial detainee at the Aiken County, S.C. jail develops a “grapefruit sized” lump on her head and files a series of grievances (“HUGE ABSCESS,” “KEEPS GETTING BIGGER,” “PLEASE HELP ME”) that result in not much action. Eventually, she’s hospitalized with a bone infection and severe sepsis, and part of her skull is removed. Fourth Circuit: No QI.
  6. Responding to anonymous tip about drug dealing, North Carolina officers bring their patrol vehicles to an abrupt stop in front of suspect’s parked car. He could have squeezed out if he drove carefully, but would a reasonable person feel free to do that? District court: Yes. Fourth Circuit (2-1): No.
  7. South Carolina public schools stop offering AP African American Studies course in response to legislation prohibiting the teaching of concepts like “an individual, by virtue of his race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously.” Fourth Circuit: And some of these challengers have standing. Case undismissed!
  8. In 1982, during Salvadoran civil war, colonel orders the ambush and murder of four Dutch journalists and their opposition escorts. (He now lives in Virginia.) Can he be sued for money damages under the Torture Victim Protection Act? Fourth Circuit (interlocutorily): Yep. Acts of foreign gov’ts and their officers get sovereign immunity, but extrajudicial killings are not the acts of a sovereign.
  9. CBP agent hits woman with his vehicle as he’s leaving station. Can she sue the U.S. under the Federal Tort Claims Act? District court: Nope, he was on union business. Fifth Circuit: Reversed. A reasonable jury could find that accepting snacks donated to the union for distribution among CBP agents was to CBP’s benefit.
  10. In 2001, the Texas legislature provided that certain noncitizen residents of the state can pay in-state tuition at public universities. The feds sue the state, arguing the law is preempted, and six hours later the district court approves a consent judgment. Fifth Circuit (over a dissent): Done and dusted.
  11. Last week, we brought you links in service of the big circuit split about whether the feds can detain certain aliens without bond pending their removal hearing. The Fifth Circuit had said yes. Yet this week’s Fifth Circuit is… softening? It’s now granted habeas to three aliens on procedural due process grounds and concludes that the feds may detain unadmitted aliens without a bond hearing for ninety days but no longer. Concurrence: 90 days is better than nothing, but the hearing should be within 30 days. Dissent (of the respectful yet emphatic variety): Congress had the power to impose mandatory detention, and the relatively brief duration of this detention presents no constitutional defect.
  12. The Convention Against Torture provides an avenue of relief to noncitizens facing deportation who can credibly allege that they face persecution or torture upon return. As with all immigration stuff, it’s procedurally complicated, with multiple hearings and levels of review happening at the same time. A federal statute consolidates all Article III review for a particular person into a single proceeding. What starts the clock for that deadline? Seventh Circuit (2024): The conclusion of the torture-relief proceedings. SCOTUS (2025): Nay, it’s the order of removal even if the other proceedings are pending. A dozen noncitizens to the Seventh Circuit: We’re way past that deadline. Gov’t: Which means they’re hosed. Seventh Circuit (2026, over a dissent): It does not.
  13. Indiana state trial judges are mostly all elected, except for three populous counties where two-thirds of the state’s black voters live. There, the judges are appointed. Seventh Circuit: This was a tricky case but, after it was argued, the Supreme Court decided Callais and made it an easy one. No evidence of intentional racial discrimination.   
  14. Drunk, armed man threatens to kill his ex, her nephew, himself. Elgin, Ill. officer fires non-lethal round at him on porch, breaking his forearm. He retreats into house, comes back out 10 minutes later unarmed, and shouts: “I want to know who’s that [expletive] was who shot me because I want to [bust or punch] his … face in.” Officers shoot him with non-lethal rounds again. Excessive force? Seventh Circuit: Qualified immunity.
  15. Illinois recently banned the AR-15, the nation’s bestselling rife, and 30-round magazines, the AR-15’s standard magazine. Consistently with the nation’s history and tradition of firearm regulation? District court: No. Seventh Circuit (2-1): Yes.
  16. Indiana man is involuntarily committed in 2009 and released four months later. In 2022, he buys several guns, telling the dealers he’s never been committed. (A glitch apparently waves some of those purchases through.) He’s indicted for violating 18 U.S.C. § 922(g)(4)’s lifetime gun ban for anyone ever committed to a mental institution. District court: Unconstitutional as applied to someone no longer mentally ill. Seventh Circuit: Perhaps, but has this fellow recovered? The record doesn’t say whether he’s a threat now or ever was. Vacated and remanded with seven questions the district court is free to put to the parties, now that Rahimi and Hemani have clarified the analysis.
  17. Eighth Circuit: Prosecutors are not supposed to frame people for murder by threatening to plant drugs on an eyewitness, who’ll lose custody of her kids, so she’ll change her story. Claims against Kansas City, Mo. detectives for reckless investigation proceed as well.
  18. Following the 2020 election, three Coloradans form an unincorporated association, United States Election Integrity Plan, to investigate what they believed was large-scale election fraud. They recruit canvassers who go door to door, sometimes armed and wearing badges, asking voters who they voted for and whether they had engaged in voter fraud. Voting-rights groups sue. District court holds a three-day bench trial and rules for defendants. Tenth Circuit: Try again.
  19. Distressed man walks in and out of traffic, pleads for help, repeatedly pulls away from handcuffs. A Colorado Springs, Colo. paramedic tackles him and chokes him until he stops moving. Then the paramedic puts his full bodyweight down on the man’s head and neck for about 45 seconds until an officer gets him cuffed. He dies. Tenth Circuit (unpublished): Qualified immunity. After the cuffs were on, the paramedic let up.
  20. Instead of handcuffing him, Oklahoma officers tase distressed, naked man repeatedly—53 times in nine minutes—to keep him on the ground. (They’re convicted of murder.) Another officer puts the man in a chokehold. (He resigns in lieu of criminal charges.) Tenth Circuit: Though the sheriff threw away his phone after receiving notice to preserve it, thereby irretrievably destroying text messages relevant to the estate’s claims, there’s no reason to think it was intentional rather than negligent. Denial of spoliation sanctions affirmed.
  21. “We are far from the first court to see lawyers uncritically rely on artificial intelligence software and submit briefs citing nonexistent cases,” says the Eleventh Circuit. But boy howdy this one’s a doozy.
  22. Florida law prohibits university professors from any “training or instruction that espouses, promotes, advances, inculcates, or compels” students at the state’s public colleges and universities to believe various “woke” concepts relating to topics like race and sex. University professors challenge the law as a violation of the First Amendment. Eleventh Circuit: Correct. A clear violation of academic freedom. Dissent: Which is a phony-baloney concept judges made up in the 1950s.
  23. The Department of Education will only distribute federal financial aid to students enrolled at accredited schools. This annoys the state of Florida, which has had disputes with its regional accrediting agency over gubernatorial influence at state universities. Florida sues the feds, arguing that the accreditation requirement violates the Vesting, Appointments, and Spending Clauses of the Constitution. Eleventh Circuit: Incorrect.
  24. Alabama man is convicted for possession of child porn in 2013. Following five years in prison, and while on supervised release, he and his wife have a son in 2021. But because of his conviction, it is illegal for him to live or reside overnight with his son. A constitutional violation? Eleventh Circuit (en banc): Yes. Parents have a fundamental right to reside with their minor children. Dissent: Tough to say that about sex offenders when we used to execute them.
  25. It’s a “high bar” for a prisoner to allege deliberate indifference under the Eighth Amendment based on a generalized risk of violence in a prison. But that bar is met for the Eleventh Circuit by an Alabama inmate who was personally attacked twice, and who presented evidence that there’s at least one assault for every ten inmates every year at the prison and that the guards both let dangerous inmates walk freely around and even return confiscated weapons to them.
  26. And in en banc news, the Seventh Circuit is going to have another look at whether the Florida AG’s prosecution of the American Academy of Pediatrics is bad-faith retaliation for the organization’s advocacy about gender-affirming care. PI dissolved, and the merits to be heard en banc in the first instance.

New case! Leavenworth, Wash. permits all sorts of home businesses so long as they don’t create parking issues or otherwise mess with the peace and quiet of residential neighborhoods. Massage therapy, beauty parlors, and barbershops are all A-okay. But, for reasons that make no sense, officials won’t allow IJ client Nicole Bulow, a physical therapist whose practice will have pretty much zero impact on her neighbors, to open up shop. Click here to learn more.

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Lawyer Shows “Complete Disregard for His Ethical Obligations to Make Accurate Representations to the Court,” Magistrate Judge Says

From today’s opinion by Magistrate Judge Jennifer Willis (S.D.N.Y.) in Dixon v. Cartagena:

On June 1, 2026, Roc Nation filed a motion for sanctions against Defendants Dixon, Blackburn, and T.A. Blackburn LLC …. This Court set a briefing schedule requiring Defendants’ opposition to be filed by June 30, 2026. On July 1, 2026, Blackburn filed Defendants’ opposition motion. Counsel for Roc Nation filed a motion to strike the filing because it was “untimely, exceeds this Court’s word limit, and contains what appear to be AI-hallucinated citations.”

On July 7, 2026, Blackburn filed a response to the motion to strike in which he argued that because every case cited to is real and “each was cited for a proposition it actually holds,” the allegation of AI hallucinations is inaccurate. Blackburn does not dispute that on seventeen occasions he included language in quotation marks that is not identical to language in the cited cases but states that “[w]here quoted language does not track the source verbatim, it is a paraphrase or compression that faithfully states the court’s holding—the ordinary work of legal argument, not the invention of fake law that the ‘AI hallucination’ cases condemn.” In addition to defending the choice to quote language that does not exist in the cases cited, Blackburn accuses Roc Nation of “failing the identical citation audit,” and includes a list of forty citations that he alleges are not reflected in the cases verbatim.

In response to Blackburn’s filing, counsel for Roc Nation filed a letter informing the Court that Roc Nation did not use AI in “identifying authority for its own motions nor in reviewing the authority cited in Plaintiff’s opposition.” Regarding the accusation of forty instances of misleading or inaccurate quotations, Roc Nation states “[i]t also appears that some of Plaintiff’s accusations are based on hallucinations from the very ‘assisted citation-verification tool’ Plaintiff claims to have used.” For example, Blackburn claims Roc Nation:

Misattributed [a] quotation to a Supreme Court authority. Roc Nation attaches substantive bad-faith language—that a party “filed a frivolous lawsuit, in bad faith, for the purpose of extorting a settlement from the defendants”—to Bridge v. Phoenix Bond & Indemnity Co., 553 U.S. 639 (2008). The verification tool returned “No matching quote found in Bridge v. Phoenix Bond & Indem. Co., 553 U.S. 639 (2008).” Bridge is a RICO-standing decision; it does not contain the quoted language Roc Nation attributes to it. That is precisely the species of citation error—quoted language that does not appear in the cited authority—that Roc Nation labels “AI hallucination” when it appears in Plaintiff’s brief.

However, Roc Nation states:

[H]ad Plaintiff actually read Roc Nation’s motion, he would have seen that Roc Nation did not attribute that quotation—or any other—to Bridge. Roc Nation cited Byrne v. Nezhat, 261 F.3d 1075 (11th Cir. 2001) and appropriately added, as a description of subsequent history, that the decision was abrogated on other grounds by Bridge.

In addition to Roc Nation’s representations in their letter, the Court verified the quotations and citations in both the motion for sanctions and Motion to Dismiss.

This Court is deeply troubled by (1) Blackburn’s use of language in quotation marks that does not exist in the cases he’s citing the language for; (2) Blackburn’s insistence that his behavior is acceptable because the cases exist even though the quoted language does not; (3) Blackburn’s attempt to defend his behavior by lodging unfounded allegations against Roc Nation; and (4) a continued pattern of behavior by Blackburn of making misrepresentations to the Court in memoranda of law after being sanctioned by multiple courts, including this one, for doing so already.

Blackburn in his filing attempts to obfuscate the meaning of a quotation and how to use quotation marks. Therefore, the Court will provide definitions. Merriam-Websters’s dictionary defines the verb quote as “to speak or write (a passage) from another usually with credit acknowledgement.”  Merriam-Webster defines quotation mark as “one of a pair of punctuation marks ” ” or ‘ ‘ used chiefly to indicate the beginning and the end of a quotation in which the exact phraseology of another or of a text is directly cited.” The Bluebook, which provides guidance on how to use quotations from caselaw, gives specific instructions for how to substitute or omit letters or words when quoting language from a case.

Not only does the dictionary define what a quotation is and how quotation marks are used, courts expect lawyers to present accurate quotations and citations in written submissions. “When a party uses quotation marks to delineate statements of legal rules, and those rules are followed by a citation to an existing legal case, the Court treats this as a representation that the cited case contains the language which is in quotation marks.” The Court does “not look kindly” on failures to accurately represent cases cited by a party.

Rather than take responsibility for the inaccurate representations in the opposition motion, Blackburn made baseless accusations against counsel for Roc Nation in attempt to deflect attention from himself. This is not the first time Blackburn has made unfounded accusations against opposing counsel in this case. Blackburn was recently sanctioned by this Court for that very behavior when he accused counsel for Cartagena of violating the Protective Order without a modicum of evidence to support the accusation.

Furthermore, this is not the first time a court has stricken filings by Blackburn from the record because he fabricated quotes from case law. On June 25, 2025, a court in the Western District of Pennsylvania stated:

When reviewing Blackburn’s briefs, the Court was perplexed to see quotes attributed to the Court’s own prior opinion in this case, as well as other case law, that was wholly fabricated.

Jakes v. Youngblood (W.D. Pa. 2025). Because the court viewed Blackburn’s conduct as “a clear ethical violation of the highest order,” the Court struck Blackburn’s motion to dismiss and reply memorandum of law from the record. The court then ordered Blackburn to show cause as to why he did not violate Rule 11.  In Blackburn’s memorandum of law in response to the court’s order to show cause he stated:

I now understand that paraphrases—particularly those closely tracking the language from cases—must never be enclosed in quotation marks unless they accurately reflect the precise language of the cited source. In this instance, I failed to meet that standard.

The court in Jakes ultimately imposed a monetary sanction against Blackburn for five thousand dollars.

In addition to being sanctioned for the same conduct Blackburn has now exhibited with this Court, he has been warned by multiple other courts against including inaccuracies and AI hallucinations in his briefs. On March 24, 2025, in this District, Judge Oetkin characterized filings by Blackburn as “replete with inaccurate statements of law, conclusory accusations, and inappropriate ad hominem attacks on opposing counsel.” On December 15, 2025, in the District of New Jersey, the court sanctioned Blackburn for citing to nonexistent cases created by AI hallucinations and failing to comply with court orders to provide information about the citation to the court.

Blackburn’s repeated inclusion of fabricated quotes in his filings demonstrates a pattern of complete disregard for his ethical obligations to make accurate representations to the Court. He has been sanctioned repeatedly for his reliance on AI without verifying the quotations and citations before filing his submissions. Worse still, while he represented to a court last year that he understands words “must never be enclosed in quotation marks unless they accurately reflect the precise language of the cited source,” he brazenly minimizes and attempts to justify identical behavior here. When his fabricated quotes were discovered by counsel for Roc Nation in this case, he doubled down and made baseless accusations against opposing counsel. For those reasons and all of the reasons stated above, the motion to strike is GRANTED and the motion for sanctions will be considered unopposed. A separate order on the sanctions will follow.

Additionally, this Court made a referral of Blackburn to the Southern District of New York’s Grievance Committee in its last Order on sanctions. Blackburn’s citations to fabricated quotations and complete lack of acceptance of responsibility after previously being sanctioned for the same exact behavior is an outrageous breach of his ethical and professional obligations. Accordingly, this behavior will be incorporated in his referral to the Grievance Committee.

For Mr. Blackburn’s side of the story, see his July 7 letter.

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She Came to the U.S. at 4 Months Old. She Had To Self-Deport—Because She Came Here Legally.


A woman in a backpack walks toward the U.S.-Mexico border | Adani Samat/ChatGPT

Naturalization ceremonies on the Fourth of July are singularly joyous occasions. New members are officially inducted into the American project on the day that celebrates that very thing. So what is a July 4 self-deportation?

Patricia Rojas, 25, found out this month, when she moved to Mexico. Like many immigrants, she had wanted to stay in the United States. Unlike many immigrants, however, she had lived in America legally since she was 4 months old and has never known another country as home.

Rojas is, in other words, a “Dreamer,” the nickname given to those who came to the United States as children through no fault of their own. The Deferred Action for Childhood Arrivals (DACA) program shielded from deportation many immigrants who came here illegally as children. But there is an asterisk in Rojas’ case, and in about 250,000 other cases: She is a Documented Dreamer, in that she came here lawfully. Had her parents opted to come illegally, Rojas would not have had to self-deport.

But the path to legal permanent residence is not easy. In a statement, Rojas said her father arrived in the U.S. on an E-2 visa, which allows some foreign entrepreneurs to build businesses here. Yet, while the visa is renewable, it does not allow the recipient to get in line for a green card. The H-1B visa, meanwhile, does—but country-of-origin caps can take decades, and many die waiting in line. Those like Rojas age out of the system if their parents cannot obtain permanent residency before they turn 21.

The subsequent options are few. In Rojas’ case, which she also detailed in a New York Times essay published today, she did not win the H-1B lottery after three attempts—the maximum. This is not surprising: Roshan Taroll, another Documented Dreamer whose case I covered two years ago, had the same experience and had to self-deport to Taiwan.

This hole in the law has received some attention in Congress, although no legislative fix has ever gotten over the finish line. Sens. Rand Paul (R–Ky.) and Alex Padilla (D–Calif.) have introduced the America’s CHILDREN Act multiple times, backed by Rep. Deborah Ross (D–N.C.) in the House. The co-sponsors are heavily bipartisan. “My bill America’s Children Act fixes the documented dreamer problem by prioritizing the children of legal immigrants for permanent status,” Paul told me in 2024. “So, a child whose parents came legally will not have to face deportation when they turn twenty-one.”

The immigration debate has been even more charged than usual recently amid the Supreme Court’s ruling upholding birthright citizenship. Paul, for his part, has made it clear he does not support it. Yet his advocacy for fixing the problems faced by Documented Dreamers is a reminder that there is widespread agreement that we should not actively punish people for coming here “the right way.”

The birthright citizenship debate also looms in Rojas’ mind. How could it not? “Those four months altered my life trajectory,” she writes in the Times. “Had I been born after my family relocated, like both of my younger siblings, I would be an American citizen today.”

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Sen. Mitch McConnell’s Hospitalization Proves Again That Gerontocracy Sucks


Mitch McConnell against a background of money | Photo: Adani Samat/BONNIE CASH/UPI/Newscom/ChatGPT

“We have a sclerotic gerontocracy,” posted then-48-year-old Rep. Ro Khanna (D–Calif.) back in 2024. Gerontocracy means rule by the old. And we Americans certainly are dominated by a cadre of elderly politicians. The U.S. Senate has the oldest average age of members for any directly elected upper legislative chamber in the world, according to the latest data compiled by the Inter-Parliamentary Union.

The fact that Sen. Mitch McConnell (R–Ky.) has been hospitalized for nearly a month proves Khanna’s point. The 84-year-old legislator suffered a serious health emergency and was hauled away in an ambulance from his Washington, D.C., residence on June 14. In his absence, already-feckless Congress is even more unproductive. Legislation proposed by the Senate’s Republican leadership has remained stalled since McConnell’s vote is necessary for its passage.

While the former Senate Majority Leader may not be dead yet, bear in mind that eight of the 16 members of Congress who died in office since 2020 were over age 75.  Most notoriously, Sen. Diane Feinstein (D-Calif.) tottered along for years before dying at age 90 in 2023. The average age of U.S. senators is now around 65, with 10 members aged 79 and older.

Gerontocracy is demonstrably harmful for economic growth. As “a direct consequence of the obsolescence of their personal human capital,” aged elites fail to “seize the opportunity offered by new technologies and to implement the best choice for the economy as a whole,” according to a 2017 study in the Journal of Applied Economics.

In a 2023 Pew Research Center poll, 79 percent of Americans favored setting maximum age limits for federal elected officials. In another Pew poll, only 3 percent of Americans favored having presidents in their 70s or older. Yet here we are.

See my May 2025 Reason article, “Can America Get Out of the Gerontocracy Trap?” where I examined the problems and possible solutions to our sclerotic gerontocracy.

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Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice.

New on the Beyond the Brief podcast: In the 1970s, the Supreme Court upheld requirements that banks report their clients’ cash transactions of $70k (adjusting for inflation) or more. Fast forward to today, and the feds are demanding disclosure of transactions of just $200. Yowza! Are there any constitutional limits on financial surveillance?

New on the Short Circuit podcast: Two Sixth Circuit First Amendment cases that go together “like cocaine and waffles.” With a special appearance by Captain Justice, Guardian of the Realm and Leader of the Resistance. [link forthcoming]

  1. D.C. Circuit: “Heavy is the crime when a government official trades on his office for personal gain.” And separately, this “expediter” who facilitated bribes from nightclub owners to a D.C. tax official, and whose sentencing-guideline recommendation more than doubled after he declined a plea deal, didn’t pay a “trial penalty.” (He’ll serve a below-guidelines nine years and change.)
  2. After a brief tour through some of the D.C. Circuit‘s standing case law, gun owners challenging D.C.’s ban on carrying on Metro get standing by virtue of alleging they paid more money by taking alternative forms of transportation. (Your summarist is puzzled why circuit precedent seems to require pleading such ancillary costs when the plaintiffs are the people being directly regulated by a law they say is unconstitutional.)
  3. Now-former CEO accused of sexual misconduct sues accuser, who testified to Congress about her experiences and who had won an arbitration against him. Unfortunately for him, not only does the D.C. Circuit reject his defamation and related claims based on the common-law privilege for legislative testimony, all the statements at issue are now also in F.4th.
  4. At murder trial, the judge frames the jury’s choice as letting a dying loved one die (acquit) or greenlighting their last-chance surgery (convict). Third Circuit (unpublished): That’s unconstitutional, but what with the defendant’s statement to police (“They shot at me first so I did what I had to do”) and the two shots in the victim’s back, a proper instruction wouldn’t have changed the verdict. Denial of habeas affirmed.
  5. Pretrial detainee at the Aiken County, S.C. jail develops a “grapefruit sized” lump on her head and files a series of grievances (“HUGE ABSCESS,” “KEEPS GETTING BIGGER,” “PLEASE HELP ME”) that result in not much action. Eventually, she’s hospitalized with a bone infection and severe sepsis, and part of her skull is removed. Fourth Circuit: No QI.
  6. Responding to anonymous tip about drug dealing, North Carolina officers bring their patrol vehicles to an abrupt stop in front of suspect’s parked car. He could have squeezed out if he drove carefully, but would a reasonable person feel free to do that? District court: Yes. Fourth Circuit (2-1): No.
  7. South Carolina public schools stop offering AP African American Studies course in response to legislation prohibiting the teaching of concepts like “an individual, by virtue of his race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously.” Fourth Circuit: And some of these challengers have standing. Case undismissed!
  8. In 1982, during Salvadoran civil war, colonel orders the ambush and murder of four Dutch journalists and their opposition escorts. (He now lives in Virginia.) Can he be sued for money damages under the Torture Victim Protection Act? Fourth Circuit (interlocutorily): Yep. Acts of foreign gov’ts and their officers get sovereign immunity, but extrajudicial killings are not the acts of a sovereign.
  9. CBP agent hits woman with his vehicle as he’s leaving station. Can she sue the U.S. under the Federal Tort Claims Act? District court: Nope, he was on union business. Fifth Circuit: Reversed. A reasonable jury could find that accepting snacks donated to the union for distribution among CBP agents was to CBP’s benefit.
  10. In 2001, the Texas legislature provided that certain noncitizen residents of the state can pay in-state tuition at public universities. The feds sue the state, arguing the law is preempted, and six hours later the district court approves a consent judgment. Fifth Circuit (over a dissent): Done and dusted.
  11. Last week, we brought you links in service of the big circuit split about whether the feds can detain certain aliens without bond pending their removal hearing. The Fifth Circuit had said yes. Yet this week’s Fifth Circuit is… softening? It’s now granted habeas to three aliens on procedural due process grounds and concludes that the feds may detain unadmitted aliens without a bond hearing for ninety days but no longer. Concurrence: 90 days is better than nothing, but the hearing should be within 30 days. Dissent (of the respectful yet emphatic variety): Congress had the power to impose mandatory detention, and the relatively brief duration of this detention presents no constitutional defect.
  12. The Convention Against Torture provides an avenue of relief to noncitizens facing deportation who can credibly allege that they face persecution or torture upon return. As with all immigration stuff, it’s procedurally complicated, with multiple hearings and levels of review happening at the same time. A federal statute consolidates all Article III review for a particular person into a single proceeding. What starts the clock for that deadline? Seventh Circuit (2024): The conclusion of the torture-relief proceedings. SCOTUS (2025): Nay, it’s the order of removal even if the other proceedings are pending. A dozen noncitizens to the Seventh Circuit: We’re way past that deadline. Gov’t: Which means they’re hosed. Seventh Circuit (2026, over a dissent): It does not.
  13. Indiana state trial judges are mostly all elected, except for three populous counties where two-thirds of the state’s black voters live. There, the judges are appointed. Seventh Circuit: This was a tricky case but, after it was argued, the Supreme Court decided Callais and made it an easy one. No evidence of intentional racial discrimination.   
  14. Drunk, armed man threatens to kill his ex, her nephew, himself. Elgin, Ill. officer fires non-lethal round at him on porch, breaking his forearm. He retreats into house, comes back out 10 minutes later unarmed, and shouts: “I want to know who’s that [expletive] was who shot me because I want to [bust or punch] his … face in.” Officers shoot him with non-lethal rounds again. Excessive force? Seventh Circuit: Qualified immunity.
  15. Illinois recently banned the AR-15, the nation’s bestselling rife, and 30-round magazines, the AR-15’s standard magazine. Consistently with the nation’s history and tradition of firearm regulation? District court: No. Seventh Circuit (2-1): Yes.
  16. Indiana man is involuntarily committed in 2009 and released four months later. In 2022, he buys several guns, telling the dealers he’s never been committed. (A glitch apparently waves some of those purchases through.) He’s indicted for violating 18 U.S.C. § 922(g)(4)’s lifetime gun ban for anyone ever committed to a mental institution. District court: Unconstitutional as applied to someone no longer mentally ill. Seventh Circuit: Perhaps, but has this fellow recovered? The record doesn’t say whether he’s a threat now or ever was. Vacated and remanded with seven questions the district court is free to put to the parties, now that Rahimi and Hemani have clarified the analysis.
  17. Eighth Circuit: Prosecutors are not supposed to frame people for murder by threatening to plant drugs on an eyewitness, who’ll lose custody of her kids, so she’ll change her story. Claims against Kansas City, Mo. detectives for reckless investigation proceed as well.
  18. Following the 2020 election, three Coloradans form an unincorporated association, United States Election Integrity Plan, to investigate what they believed was large-scale election fraud. They recruit canvassers who go door to door, sometimes armed and wearing badges, asking voters who they voted for and whether they had engaged in voter fraud. Voting-rights groups sue. District court holds a three-day bench trial and rules for defendants. Tenth Circuit: Try again.
  19. Distressed man walks in and out of traffic, pleads for help, repeatedly pulls away from handcuffs. A Colorado Springs, Colo. paramedic tackles him and chokes him until he stops moving. Then the paramedic puts his full bodyweight down on the man’s head and neck for about 45 seconds until an officer gets him cuffed. He dies. Tenth Circuit (unpublished): Qualified immunity. After the cuffs were on, the paramedic let up.
  20. Instead of handcuffing him, Oklahoma officers tase distressed, naked man repeatedly—53 times in nine minutes—to keep him on the ground. (They’re convicted of murder.) Another officer puts the man in a chokehold. (He resigns in lieu of criminal charges.) Tenth Circuit: Though the sheriff threw away his phone after receiving notice to preserve it, thereby irretrievably destroying text messages relevant to the estate’s claims, there’s no reason to think it was intentional rather than negligent. Denial of spoliation sanctions affirmed.
  21. “We are far from the first court to see lawyers uncritically rely on artificial intelligence software and submit briefs citing nonexistent cases,” says the Eleventh Circuit. But boy howdy this one’s a doozy.
  22. Florida law prohibits university professors from any “training or instruction that espouses, promotes, advances, inculcates, or compels” students at the state’s public colleges and universities to believe various “woke” concepts relating to topics like race and sex. University professors challenge the law as a violation of the First Amendment. Eleventh Circuit: Correct. A clear violation of academic freedom. Dissent: Which is a phony-baloney concept judges made up in the 1950s.
  23. The Department of Education will only distribute federal financial aid to students enrolled at accredited schools. This annoys the state of Florida, which has had disputes with its regional accrediting agency over gubernatorial influence at state universities. Florida sues the feds, arguing that the accreditation requirement violates the Vesting, Appointments, and Spending Clauses of the Constitution. Eleventh Circuit: Incorrect.
  24. Alabama man is convicted for possession of child porn in 2013. Following five years in prison, and while on supervised release, he and his wife have a son in 2021. But because of his conviction, it is illegal for him to live or reside overnight with his son. A constitutional violation? Eleventh Circuit (en banc): Yes. Parents have a fundamental right to reside with their minor children. Dissent: Tough to say that about sex offenders when we used to execute them.
  25. It’s a “high bar” for a prisoner to allege deliberate indifference under the Eighth Amendment based on a generalized risk of violence in a prison. But that bar is met for the Eleventh Circuit by an Alabama inmate who was personally attacked twice, and who presented evidence that there’s at least one assault for every ten inmates every year at the prison and that the guards both let dangerous inmates walk freely around and even return confiscated weapons to them.
  26. And in en banc news, the Seventh Circuit is going to have another look at whether the Florida AG’s prosecution of the American Academy of Pediatrics is bad-faith retaliation for the organization’s advocacy about gender-affirming care. PI dissolved, and the merits to be heard en banc in the first instance.

New case! Leavenworth, Wash. permits all sorts of home businesses so long as they don’t create parking issues or otherwise mess with the peace and quiet of residential neighborhoods. Massage therapy, beauty parlors, and barbershops are all A-okay. But, for reasons that make no sense, officials won’t allow IJ client Nicole Bulow, a physical therapist whose practice will have pretty much zero impact on her neighbors, to open up shop. Click here to learn more.

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US Nuclear Regulator Seeks Simpler Environmental Reviews To Boost Nuclear Expansion

US Nuclear Regulator Seeks Simpler Environmental Reviews To Boost Nuclear Expansion

Authored by Evgenia Filimianova via The Epoch Times,

The U.S. Nuclear Regulatory Commission (NRC) on July 8 proposed narrowing environmental reviews for new and renewed nuclear reactor licenses, a move the agency said would reduce costs, as the Trump administration pushes to expand nuclear energy.

In this aerial view, the shuttered Three Mile Island nuclear power plant stands in the middle of the Susquehanna River near Middletown, Pa., on Oct. 10, 2024. Chip Somodevilla/Getty Images

The proposal would change how the NRC implements the National Environmental Policy Act (NEPA), limiting reviews to environmental effects that fall within the agency’s legal authority.

The NRC described the proposal as the “most comprehensive update to its environmental review regulations in decades,” adding that it would remove outdated requirements and make the licensing process more efficient.

NRC Chairman Ho Nieh said the proposal, which is open for public comment until Aug. 21, would better align the agency’s environmental reviews with what Congress intended under NEPA.

He told reporters: “For many, many, many years, NRC did much more than required by law in the National Environmental Policy Act. So this really brings us back to what NEPA demands, nothing more, nothing less.”

Nieh also said, “By concentrating on impacts the NRC can address, we’ll strengthen environmental protection while making licensing reviews more timely and predictable.”

He said that the NRC proposes to limit areas where it does not have authority over effects on the environment, such as the construction of nuclear plants.

Dust, noise, air impacts, non-radiological water, or non-radiological effects, all of those things are examples of where they’re outside of our regulatory authority, and so we won’t be doing those in the future,” he said.

NRC’s chief environmental review and permitting officer, Kimyata Savoy, said the proposal would save reactor developers and the agency about $135 million in licensing costs for new reactors and license renewals.

Other measures under the proposal include new categorical exclusions, an update of environmental review procedures, and greater flexibility for applicants in providing environmental information.

The proposal follows a series of actions by President Donald Trump aimed at expanding nuclear power in the United States. Trump signed four executive orders on May 23, 2025, directing the NRC to license 10 new reactors by 2030 and supporting a plan to quadruple U.S. nuclear power capacity by 2050.

One of them, executive order 14300, directed the NRC to reform its licensing process. The White House said the commission had slowed nuclear development by imposing unnecessary regulatory requirements.

U.S. Energy Information Administration data show that last year, nuclear energy accounted for about 18 percent of U.S. utility-scale electricity generation.

Series of Reforms

The July 8 proposal comes one week after the NRC announced broader changes to reactor licensing and radiation safety regulations.

The agency on July 1 proposed replacing a radiation risk model that has guided U.S. nuclear regulation for about 50 years.

The NRC said the changes would modernize regulations and make it easier to build new reactors without reducing safety standards.

The proposal drew criticism from some nuclear safety experts.

Edwin Lyman, director of nuclear power safety at the Union of Concerned Scientists, said in comments submitted to the NRC in July 2025 that there was “absolutely no technical or practical basis” for changing the agency’s use of the “as low as reasonably achievable” standard.

The regulatory changes also coincide with progress in the administration’s advanced reactor program.

The Department of Energy announced on July 1 that the third advanced nuclear reactor authorized under the administration’s pilot program achieved criticality on June 30 at Idaho National Laboratory.

Criticality is the point at which a reactor reaches a stable chain reaction capable of producing electricity continuously.

The reactor, known as Unity and developed by Deployable Energy, met the July 4 deadline established by Trump’s 2025 executive order, which required that at least three advanced reactor concepts achieve criticality outside national laboratories.

The cooling towers for units 4 (L) and 3 (R) at Plant Vogtle, operated by Georgia Power Co., in east Georgia’s Burke County near Waynesboro, Ga., on May 29, 2024. Arvin Temkar/Atlanta Journal-Constitution via AP

Tyler Durden
Fri, 07/10/2026 – 14:55

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When Uncle Sam Turns Venture Capitalist, What Could Go Wrong?

When Uncle Sam Turns Venture Capitalist, What Could Go Wrong?

Authored by James Varney via RealClearInvestigations,

The battery recycler Ascend Elements was riding high in 2023, flush with hundreds of millions of dollars in federal funding.

The seed money provided to the Massachusetts company, which launched in 2017, was one of several large bets the Biden administration placed on the green future as it essentially created a venture capital arm at the Department of Energy and other agencies. In the movies, VCs almost always score big through their early investments in future behemoths (e.g., PayPal or Meta when it was Facebook). In real life, those jackpots are the exception, not the rule – many of the deals go south.

Alas, Washington isn’t Hollywood, and the government isn’t spending celluloid dollars. In April, Ascend Elements filed for bankruptcy, leaving U.S. taxpayers out nearly $320 million.

Government funding of private companies is receiving new scrutiny as the Trump administration is upping the ante on such efforts by demanding that the feds receive an equity stake for their largesse. While this approach is leading the government into uncharted waters, experts say the operative concept – using taxpayer money to make risky bets on private companies – has a long and troubled history. The bankruptcy of Solyndra, a maker of niche solar panels the Obama administration had given $535 million in 2009, became shorthand for the problems that occur when government tries to pick winners and losers in the marketplace.

“It generally doesn’t work,” said Steven Neil Kaplan, a professor of entrepreneurship and innovation at the University of Chicago’s Booth business school. “There are three problems with it, namely that the government doesn’t usually have the best information; two, it’s going to be political; and three, the incentives aren’t in place to pay for performance.”

It is still too early to assess the Trump administration’s investments in private corporations, but the hundreds of billions of dollars shoveled out the door by the Biden administration through the Investment Infrastructure and Jobs Act provide some insight into the challenges the government faces when it turns into a venture capitalist. RealClearInvestigations’ review of one sliver of that spending – $1.68 billion in grants awarded in 2023 under the umbrella of “Energy, Efficiency and Renewable Energy, Energy Programs, Energy” – demonstrates how difficult it can be to follow the money and assess the impact when taxpayer funds are doled out to private corporations.

Foreign Assets

The grants reviewed by RCI all went to companies involved in the electric vehicle battery market, either in terms of making the batteries themselves or generating the various elements that comprise an EV battery. Unlike the billions doled out by Biden’s EPA through its Greenhouse Gas Reduction Fund – which made the regulatory agency a large grant maker for the first time – these Energy Department deals went to existing for-profit companies rather than startups or newly formed nonprofit organizations. RCI’s analysis of the DOE grants did not find any of the glaring political connections it uncovered in the EPA disbursements.

Ascend Elements marked the biggest taxpayer bet within that package, but there were several others of $100 million or more, according to the Treasury Department’s usaspending.gov. The grants represent venture capital-like moves by the Biden administration to jumpstart and expand renewable energy initiatives in the name of fighting global warming.

Although taxpayer money is presumably spent in accordance with the government’s enumerated duties and to benefit Americans, some of the large grants went to companies that are enjoying more support abroad than at home.

For example, Synesqo Specialty Polymers USA, a branch of a Belgian company traded on European exchanges, received $178.2 million. Mike Finelli, Syensqo’s chief technology and innovation officer, highlighted the company’s moves in Europe rather than the U.S. in his response to RCI.

Syensqo has recently launched a new company in Europe to help scale up commercial demonstration of advanced materials for solid-state batteries in Europe,” he said. “In the U.S., although the policy and cost environment is supportive, market growth is evolving at a measured pace. … Importantly, the U.S. Department of Energy grant awarded in 2023 remains active, with discussions ongoing, and we continue to serve the market from our existing production in France.”

Similarly, $100 million went to Group 14, a private company in Washington state that is “building the world’s largest factory for advanced silicon battery material.”

The company, which says it has raised roughly $1 billion for the Washington facility it hopes to open this year, acquired an ownership stake in a South Korea factory last year.

Group 14 did respond to a request for comment.

Critics of directing government funds to private companies say it can also be difficult to assess the impact of the grants – and how the money was spent – because corporations are not obligated to answer the public’s questions about their businesses. While the taxpayers may have provided a substantial chunk of these companies’ financing, they are responsible to their shareholders, not taxpayers.

The “Market Test”

Walter Block, an economist on the faculty of Loyola University in New Orleans, said the Energy Department’s 2023 grants also raised related questions about whether taxpayers are bankrolling companies that have not yet passed “the market test.”

The government shouldn’t be involved in any of that,” said Block, a proponent of the Austrian school of economics, which prioritizes free-market principles. “Taxpayers have a right to ask how and why these things were done if the company isn’t viable in the market.”

Final grades on some of the outstanding grants can be difficult to judge when, as is the case with several of these grants, the recipients are private companies. Synesqo, however, is traded on European markets. When it received a large injection of federal cash in 2023, its stock traded near $95 per share, but its value has since declined by nearly 30%.

And to Kaplan’s point about who is making the grant decisions, that remains a mystery. Although Energy Secretary Chris Wright has trumpeted the cancellation of various Biden-era deals, the department did not respond to RCI’s multiple requests for comment. Synesqo was the only company to respond to questions.

The hope that the government, with its vast resources, can goose innovation is not new. The U.S. government’s longstanding support for basic research has led to many medical and technological breakthroughs, including radar and the Internet.

Many of those achievements, however, have come through more traditional grants to America’s great research universities, and a separate batch of such grants was also part of Biden’s green energy spending. Governments at all levels have also sought to spur business development and innovation by offering tax incentives, though usually with mixed results.

Venture capital, essentially seed money, is different and unlike more familiar government contracts, such as those for defense contracts or highways and roads. Those arrangements carry their own ethical temptations, ranging from pay-to-play schemes to overt political support, that have made politics infamous, from Tammany Hall to modern-day Chicago or Louisiana. It is those sorts of alleged insider deals that were leveled against the Biden family and now against President Trump and his offspring.

Necessary Investments

Still, not everyone is opposed to the government making admittedly risky bets. Some consulting companies actually pitch businesses on considering federal sources for venture capital.

Fred Block, a sociology professor at the University of California, Davis, whose work has been applied to venture capital models, notes that some level of success has been achieved by the Small Business Administration’s Small Business Innovation Research Program.

In addition, a 2006 study by Block and some colleagues on 100 “winners” picked by the trade publication Research & Development showed that at some point in their development, federal money had assisted 88 of them.

The key point is the necessity of government involvement with cutting-edge projects,” Block told RCI. He noted how private research entities like RCA’s once-fabled Sarnoff Corporation are no longer around.

“You have to have collaboration between different kinds of specialists and no private company can afford to have all those people on staff,” he said.

Kaplan had also cited the SBA loans as a case where government venture money often bears fruit, but those are much smaller investments and must adhere to strict guidelines. And unlike the Energy Department grants under Biden or some of the moves made by the Trump administration, SBA decisions are made by teams of professionals rather than an anonymous federal apparatus. Again, the issue comes back to the quality of information available and who makes the calls.

“They’ve developed the expertise,” UC Davis’s Block said. “Now that appears to be gone. Who knows who or how decisions are being made now? Maybe Trump makes them in the middle of the night.”

Big Money for Recipients

While none of the individual deals stand out in terms of the federal government’s enormous spending, they often represent big money for individual recipients: The $82 million that went to Cirba Solutions, a battery recycling outfit in Charlotte, N.C., for instance, amounted to nearly twice the company’s estimated annual revenue of $39.5 million.

That sort of proportion also shows how these Department of Energy grants are different from similar big economic moves Washington has made, such as propping up the savings and loan and auto industries, or trying to keep markets solvent.

Critics of both the gigantic spending on green energy specifically, and the effort to wrench the American economy away from the fossil fuels that power most of it, warned that more Solyndras are possible.

What’s the point of Congress authorizing billions of spending with almost no oversight?” asked Daniel Turner, the executive director of Power The Future, a conservative group concentrating on rural power. “Of course we should be concerned about what might happen. It’s absurd to have funneled so much money to green technology companies without market approval.”

Yet even in proven markets, the risks inherent in the government taking huge stakes in companies are problematic.

“When there’s so much money involved, are there conditions?” asked Thomas Pyle, president of the American Energy Alliance, which does not accept government donations. “There’s something very pernicious, very suspect about the idea of the government being venture capitalists, and there’s so much more at stake when it’s taxpayer dollars involved.”

There is also the possibility that a company backed by federal money makes it big, in which case new questions arise about equity, how the government may define success as venture capitalists, and whether the government may try to become an active investor, looking to influence personnel and other decisions at the company. Those factors are on top of the hoary conflicts of interest that have long bedeviled government moves.

Those questions are likely to multiply in the coming years as both parties seem more open to the government owning stock in private companies. The Trump administration has already received billions of dollars in equity stakes for money funneled to private companies (mostly tied to national security), and Sen. Bernie Sanders has introduced legislation that could give the U.S. a 50% ownership of the largest AI companies. Neither the Trump administration nor Sanders’ office responded to requests for comment.

Kaplan outlined some steps the government could take to improve the process, such as only backing companies that have already passed “the market test” or shown an ability to raise significant capital. Even then, however, the same terms should attach to a government grant that do to the private investments, and thus the entire practice is problematic and best avoided, he said.

“It’s just rife with conflict and bad information,” Kaplan told RCI. “For a private investor, if you’re negative, you go out of business. But if it’s the government and it goes negative, they raise your taxes.”

Tyler Durden
Fri, 07/10/2026 – 14:15

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