Kelly – who Trump said may be “bleeding out of her wherever” after the anchor asked, during the first GOP debate, whether the frontrunner thinks calling women “fat pigs” and “disgusting animals” is appropriate for a presidential candidate – is a moderator for Thursday’s debate in Des Moines, and Trump said on Monday that Fox would sooner remove Kelly from the panel then risk losing the debate’s main attraction.
“Megyn Kelly is an excellent journalist, and the entire network stands behind her,” Roger Ailes said in a statement on Tuesday. “She will absolutely be on the debate stage on Thursday night.”
“She’s biased against me, she knows that, I know that. Do you really think she can be fair at a debate?,” Trump asked in the following video posted to the billionaire’s Instagram page:
A video posted by Donald J. Trump (@realdonaldtrump) on Jan 26, 2016 at 10:04am PST
“I probably won’t bother doing the debate,” he told a crowd in Iowa on Tuesday.
“He’s definitely not participating in the Fox News debate,” campaign manager Corey Lewandowski confirmed.
The question now is whether this will affect the Iowa caucuses. How will the electorate view a candidate who can’t be “bothered” to debate the issues because he doesn’t like the questions?
If history is any guide, voters simply won’t care. Thus far, Trump’s larger than life persona has outweighed concerns about his ability to govern and if America isn’t concerned about his ability to govern, then the issues simply don’t matter and neither does the debate. We’ll leave it to readers to determine what that says about the state of America’s democracy and simply close with the following soundbite from Megyn Kelly:
“What’s interesting here is Trump is not used to not controlling things. The truth is, he doesn’t get to control the media, and while he’s made his position clear about me after that first debate, Roger Ailes made his position clear too.”
Maine’s Republican Governor Paul LePage wants to impose the death penalty on drug traffickers in the Vacationland state.
In an interview with WVOM-FM radio, LePage insisted mandatory minimums “don’t go far enough” and that he believes “people who kill Mainers” should be killed via “injection of the stuff they sell.”
To demonstrate how “all in,” he is on the War on Drugs, he proposed 20-year mandatory minimum sentences for drug traffickers to “keep them here until they die.”
An increasingly emotional LePage added:
I am just appalled at people getting angry at me for making a comment…when they protect these people. And the ACLU, mind you, is the worst organization in the state protecting these people.
The show’s hosts tried to wrap up the segment, but were interrupted by LePage:
What I think we ought to do is bring the guillotine back. We could have public executions and we could even have, uh, which hole it falls in.
“The traffickers, these aren’t people who take drugs. These are guys by the name D-Money, Smoothie, Shifty,” LePage, a Republican, said during a discussion of the state’s heroin epidemic at a town hall event. “These type of guys that come from Connecticut and New York. They come up here, they sell their heroin, then they go back home.”
“Incidentally, half the time they impregnate a young, white girl before they leave,” he added. “Which is the real sad thing, because then we have another issue that we have to deal with down the road.”
Buzzfeed reported LePage later walked back a small portion of his statement (sort of):
“Instead of saying ‘Maine women’ I said ‘white women,’ and I’m not going to apologize to the Maine women for that. Because if you go to Maine, you’ll see that we’re essentially 95% white.”
Later in the news conference, LePage said, “If I slipped up and used the wrong word, I apologize to all the Maine women.”
When asked by a reporter at the news conference whether he would apologize to the black community, LePage said, “I never said anything about white or black on traffickers.”
LePage, who Politico called “America’s craziest governor,” had previously boasted of his “robust authority” when in 2014 he unsuccessfully tried to quarantine a nurse returning from Africa after treating Ebola patients, despite the fact that she tested negative for the disease and showed no symptoms.
Late in the summer of 2015, it was one solitary tweet by Hillary Clinton which, in retaliation to Martin Shkreli’s infamous “price gouging”, warned biotech and pharma companies to lower prices for their drugs, that was the catalyst which not only burst the biotech bubble but unleashed a chain of events that culminated with the worst year on record for momentum-gathering investors in alpha clothing such as Bill Ackman. It may have also top-ticked the overall market as it forced the best performing “momo” strategy of recent years to finally fizzle.
However, despite ever louder jawboning up to and including Congressional hearings on the topic of “fair drug prices”, nobody had gone so far as to threaten a healthcare company with legal action unless it cuts drug prices.
Until new, when moments ago Mass. State Attorney General Maura Healey warned Gilead Sciences it faces possible legal action unless it lowers the price of two popular hepatitis C medicines.
As the Boston Globe reports, in a Jan. 22 letter to Gilead chief executive John C. Martin, made public Wednesday, the attorney general wrote that the high price of the company’s Sovaldi drug, which cost $84,000 for a full course of treatment, and its Harvoni drug regimen, which cost $94,500, “may constitute an unfair trade practice in violation of Massachusetts law.”
The newspaper adds that Healey’s letter said her office was looking into bringing an unfair commercial conduct complaint against the company. It is rare, if not unprecedented, for a state attorney general to confront a drug maker on the cost of a therapy.
The antiretroviral treatments sold by Gilead, based in Foster City, Calif., have cured more than 95 percent of hepatitis C patients who have taken them. But their high pricetags have placed a disproportionate burden on state Medicaid programs and corrections agencies nationally, which pay for care of a large share of the patients suffering from the liver-ravaging virus.
“Because Gilead’s drugs offer a cure for the serious and life-threatening infectious disease, pricing the treatment in a manner that effectively allow [hepatitis C] to continue spreading through vulnerable populations, as opposed to eradicating the disease altogether, results in massive public harm,” Healey wrote.
To be sure, Gilead executives have responded to criticism by consumers, insurers, and lawmakers in Washington by arguing its prices are justified. They say the treatments save the health care system money in the long run by preventing patients from developing liver scarring or cancer. Ultimately they may be right, however it is undisputed that the flawed and unsustainable US healthcare system, discussed extensively in the past, is enabling companies like Gilead to charge virtually any price with little pushback, at least until the events from last summer which have now culminated with this letrer.
Furthermore, Gilead is only the first: Healey’s letter targets only Gilead, because its drugs treat a population that is heavily insured by state programs. But the attorney general’s office is also using the letter – and the threat of a commercial conduct complaint – to open up a broader discussion of the impact of rising prescription drug prices on health care spending.
As the Globe also notes, “a recently published investigation by the US Senate Finance Committee found that Gilead “pursued an aggressive pricing strategy aimed at maximizing revenue — not fostering access” to all people needing the drug, Healey’s letter said. It said Gilead had revenue of $20.6 billion from the drugs, after rebates to insurers, in the first 21 months after they went on the market.”
Well, that’s what capitalism is: maximizing revenue. The problem arises when capitalism generates outsized returns by benefiting from a fatally constructed welfare platform, such as the various US healthcare systems which have lead to the current predicament.
“The purpose of this letter is to urge Gilead to adjust its pricing strategy in a way that continues to generate substantial profits for the company, while also providing a clear pathway to the eradication of this life-threatening disease in the United States,” Healey wrote.
Should Healey’s overture against Gilead escalate and ultimately be successful in court, it is only a matter of time before the rest of the pharma world is pursued just as aggressively for comaprable “revenue maximizing” strategies, leading to sharp drops in stock prices for what until recently was the best performing sector.
Gold stocks are testing the level of their recent breakdown to all-time lows; will it be a false breakdown, or the start of a new leg down?
Back on January 14, our Chart Of The Day highlighted the fact that gold stocks had fallen to their lowest levels…as in, ever. At least as measured by the PHLX Gold/Silver Index, better known as the XAU. The prior low in the index going back to its 1983 inception had been 41.85 in November 2000. On January 14, it eclipsed that level, closing at 41.52. In subsequent days, the XAU fell as low as 38.36 on January 19. Presently, however, the index has rallied back to test the aforementioned breakdown level. This looks to be a key juncture here for the gold bugs and the, er, gold exterminators?
The bullish scenario would have the XAU break back above the breakdown level and, preferably, back above the short-term tops in December and early January near 49-50. If the index can accomplish this in very short order, it would set up a classic “false breakdown” scenario. That is, a breakdown to new lows that is quickly reversed back above the breakdown level. These setups can lead to explosive and durable rallies as sellers cannot demonstrate the ability to keep prices down at new low levels. In this instance, considering we are talking about “all-time” lows, the pattern could be even that much more significant. And it could lead to the type of rally that gold bugs have been waiting a looong time for.
However, the bearish scenario remains the default option until proven otherwise. The sector remains in a downtrend (not a news flash), and just off of all-time lows. It is also brushing up against, but has not yet broken through, the level marking the former all-time lows. That is formidable resistance. Furthermore, the XAU is arguably forming a “bear flag” pattern over the past week or so. This is a counter-trend pattern in a downtrend whereby prices move higher in a relatively shallow ascent. Ultimately, these patterns typically lead to another extension of the downtrend, to or beyond the prior lows. Now, the acceleration of the past two days may have some doubt this interpretation of a bear flag. However, in our view, it is still too early to make the determination, especially if the index reverses today’s gains in a rapid manner.
So the jury is still out on this development for gold stocks. The result of the current test of former all-time lows could very well lead to an out-sized move, either way. You may call it a coin flip. We would call it a very bearish setup – at the moment – with the potential to develop into a very bullish setup. As always, we’ll let prices tell us what to do.
“They’re doing all the things that shows that they want to take some kinetic action against us,” Robert “LaVoy” Finicum, spokesperson for the militiamen occupying the Malheur National Wildlife Refuge said on Monday, in an interview that would be his last.
Finicum was shot and killed on Tuesday in a deadly traffic stop some 70 miles north of Burns, Oregon where protests in support of two ranchers sentenced to prison for arson precipitated the occupation of a remote federal building by armed militiamen earlier this month.
The occupiers were led by Ammon Bundy, son of Cliven Bundy who became something of a folk hero after he secured the release of his cattle from federal authorities who had seized the herd for “trespassing” on government property.
The standoff involving the wildlife preserve had drug on for three weeks with Bundy and his men demanding the release of the jailed ranchers and a dialogue with the government about land use and states’ rights.
Many feared the confrontation would eventually turn violent and that is indeed what happened on Tuesday afternoon when the FBI stopped a vehicle carrying Bundy, his brother, Finicum, and others who were apparently en route to a nearby “public event.”
“The leaders were on the highway bound for John Day, where they were scheduled to participate in an evening community meeting set up by local residents,” The Oregonian reports. “A crowd of several hundred had gathered at the John Day Senior Center and were subsequently told the the ‘guest speakers’ would not be appearing.”
“The meeting devolved into a shouting match between supporters and detractors of Mr. Bundy when those inside learned of his arrest,” WSJ says.
“The highway was blocked for a 40-mile stretch between Burns and John Day [where] police were stationed near Seneca, a small city of 200 south of John Day, with long guns,” The Oregonian continues, describing the palpable tension.
Grant County Sheriff Glenn Palmer – who had called for the release of the jailed ranchers to end the standoff – was present as well.
Prior to his arrest on Tuesday, Bundy had been negotiating with the FBI, suggesting that an end to the protracted dispute could be near, but Finicum dashed those hopes on Friday when he said that anyone “who’s worried that we are about to negotiate a withdrawal with the FBI, that is not the case.” Subsequently, he demanded that the bird sanctuary where the men are camped out be surrendered to Harney County.
Also arrested on Tuesday was Jon Ritzheimer, who famously lost his cool in a video taped message filmed at the preserve where militia leaders were upset that detractors were sending them boxes filled with sex toys. Ritzheimer surrendered to police in Arizona.
All of those arrested are charged with conspiracy to impede officers of the U.S. from discharging their official duties through the use of force, intimidation or threats—a felony.
“Agents with the FBI stopped the vehicle, at which point one of the individuals in the vehicle pulled out a weapon,” WSJ says. “At that point, FBI agents fired [and] the individual who was brandishing the weapon suffered fatal injuries, officials said.” The group contests that account.
My heart & prays go out to LaVoy Finicum’s family he was just murdered with his hands up in Burns OR.Ryan Bundy has been shot in the arm
That individual was Robert Finicum. Here is the last interview he gave before he was killed.
Also shot was Ammon Bundy’s brother Ryan. He was treated and released. Here are the Bundy brothers’ mugshots:
“I’ve heard ‘peaceful resolution’ for weeks now and now there’s a cowboy who is my friend who is dead – so prepare for the peaceful resolution,” Jason Patrick, one of the remaining occupiers told Reuters by phone in what certainly sounds like a veiled threat.
Here are images from the scene of the shooting:
As for what coomes next, “FBI agents were setting up a perimeter on Tuesday night around the wildlife refuge, where some people were still holding out,” Reuters notes.
“I don’t know what to tell you but if somebody saying ‘peaceful resolution’ comes in and points guns at me…” the abovementioned Jason Patrick said.
He didn’t finish his sentence.
* * *
Full statement from the FBI
At approximately 6:30 p.m. (PST), the FBI arrested Peter Santilli, age 50, of Cincinnati, Ohio, in Burns, Oregon. He faces the same federal felony charge as the individuals listed below. The arrest was without incident.
At approximately 4:25 p.m. (PST) on Tuesday, January 26, 2016, the Federal Bureau of Investigation (FBI) and Oregon State Police (OSP) began an enforcement action to bring into custody a number of individuals associated with the armed occupation of the Malheur National Wildlife Refuge. During that arrest, there were shots fired.
One individual who was a subject of a federal probable cause arrest is deceased. We will not be releasing any information about that person pending identification by the medical examiner’s office.
One individual suffered non-life threatening injuries and was transported to a local hospital for treatment. He was arrested and is currently in custody.
The arrested individuals include:
Ammon Edward Bundy, age 40, of Emmett, Idaho
Ryan C. Bundy, age 43, of Bunkerville, Nevada
Brian Cavalier, age 44, of Bunkerville, Nevada
Shawna Cox, age 59, Kanab, Utah
Ryan Waylen Payne, age 32, of Anaconda, Montana
These probable cause arrests occurred along Highway 395.
In a separate event in Burns, Oregon, at approximately 5:50 p.m., Oregon State Police arrested the following individual:
Joseph Donald O’Shaughnessy, age 45, Cottonwood, Arizona
All of the named defendants face a federal felony charge of conspiracy to impede officers of the United States from discharging their official duties through the use of force, intimidation, or threats, in violation of Title 18, United States Code, Section 372.
We continue to work with Harney County Sheriff Dave Ward and his deputies; Oregon State Police; and the United States Attorney’s Office to address any further outstanding issues. As the investigation is ongoing, we cannot comment further at this time.
All defendants should be presumed innocent until proven guilty.
An update on a 2012 fatal police shooting in Toronto we covered when it first happened—James Forcillo, the officer who fired nine rounds at 18-year-old Sammy Yatim as the teen wielded a switchblade on an empty streetcar, has been found guilty of attempted murder. He was, however, found not guilty on charges of second-degree murder and manslaughter.
The jury’s verdicts, delivered after 35 hours of deliberations, mean that Forcillo shooting the 18-year-old Yatim three times—fatally in the heart—is not a criminal act…
However, they clearly found that the second volley of shots fired five-and-a-half seconds later was neither justifiable or in self-defence. The finding of guilt suggests the jury felt Yatim was no longer a threat when Forcillo fired at him six times, striking him five times in his lower part of his paralyzed body but not causing the fatal injuries that led to his death, possibly before he was Tasered by another officer.
Forcillo is expected to appeal the verdict, on an “abuse of process” claim, a cause of action similar to “malicious prosecution” but involving the abuse of the legal process after initial charges are filed.
“Forcillo substantially followed the police training he was given,” [defense attorney Peter] Brauti told reporters, according to Vice. “And so if the state gave him that training, they should not be entitled to a conviction in the matter.”
Forcillo’s attorney also said he would challenge the constitutionality of the mandatory minimum law that requires people convicted of second-degree murder to receive at least a four-year prison sentence. Forcillo could actually face a five year minimum because his was a “restricted” firearm.
Brauti insists Yatim “got himself shot.” Forcillo claimed that he believed Yatim had sat up at a 45 degree angle preparing to attack again after he had been shot three times in the heart, saying that justified the last six shots. Less than thirty seconds after Forcillo finished shooting Yatim, officers also tased the 18-year-old.
It was also revealed in the course of the trial that the Toronto police had identified Forcillo through an early warning system designed to track how often officers rely on their firerm. The system flags officers who point their gun at someone more than three times in a 12-month period. Forcillo was flagged twice in a three and a half year period in which he pulled his firearm “about a dozen times.” Only nine of the more than 5,000 Toronto cops on the job in 2013 pulled their firearm more than three times while on duty—Forcillo was one.
Yet that system, largely because of strong protections for public employees in Canada, was not used to root out and remove problem officers before they misuse their firearm, but rather to direct them toward counseling. The police department failed to do even that with Forcillo.
At the time of Yatim’s shooting, multiple government officials, including the Ontario ombudsman Andre Martin, promised their own investigation. For his part, Martin’s investigation did not appear to have been brought to a conclusion before Martin left office last year. In the meantime, the police shooting last year of two black men in Ontario (one in Toronto), which garnered broader attention because of the emergence of the Black Lives Movement in the intervening years, led Martin to propose tougher measures against officers who refuse to cooperate with investigations of police shootings.
Last night I appeared on The Blaze with host Dana Loesch to talk about Donald Trump’s property-rights-disrespecting approach to eminent domain. Here’s about half of the conversation:
Eight of the people who had occupied a federal wildlife refuge in Oregon are in police custody, including brothers Ammon and Ryan Bundy, after a confrontation with police Tuesday. The group’s spokesman, LaVoy Finicum, was killed.
Donald Trump says he won’t appear in the next Republican presidential debate, which is scheduled for Fox News Thursday night.
Ride-sharing service Lyft has agreed to pay $12.25 million in a worker classification lawsuit in California, yet will continue to classify its drivers as independent contractors, not employees.
Corny Crony Capitalism in Iowa: Cruz and Paul stand on principle against the federal ethanol mandate while all the other candidates pander. By Jacob Sullum
With analyst expectations almost 50% above Apple’s current price, and only 1 “sell” recommendation among the 52 analysts covering the “no brainer” stock, one has to wonder how long it will be before the 45 “Buys” downgrade their permabullish perspective..
BGC’s Colin Gillis and ABG Sundal Collier’s Per Lindberg deserve some special recognition as the 2 least bullish analysts, but here is the Top 10 before last night’s call…