Verdict for Marijuana Grower May Reduce Threat of Ruinous RICO Liability

One of the many problems that state-licensed marijuana businesses face as a result of continuing federal prohibition is potentially ruinous liability under the Racketeer Influenced and Corrupt Organizations Act (RICO), which allows people injured by illegal enterprises to sue for triple damages. Judging from the outcome of the first such case to reach a verdict, that threat may be less serious than it first seemed.

Last week a Denver jury rejected RICO claims by a couple who complained that an indoor marijuana cultivation facility had impaired their enjoyment of their property and reduced its value. Michael and Hope Reilly, who own a horse ranch in Pueblo County, said a nearby warehouse (right) where state-licensed cultivator Parker Walton grows marijuana had spoiled their view, generated noise and unpleasant odors, and offended them with its flagrant violation of federal law. During the three-day trial, Walton’s lawyer, Matthew Buck, presented evidence that the warehouse was not the source of the smell that bothered the Reillys and noted that the value of their property has been rising in recent years.

“We came in with hard science to show there was no odor,” Walton told Denver’s CBS station. The warehouse has an odor control system that does not vent to the outside, and there are several outdoor marijuana grows in the area, both legal and illegal.

While the Reillys argued that the value of their property would have risen more but for Walton’s warehouse, Buck told The Denver Post, “proving damages is almost impossible in cases like these in a state like Colorado, where property values are skyrocketing.” The plaintiffs’ closing argument, Buck told Westword, “was basically that my client was producing odor and that it couldn’t possibly be from any of the other numerous legal and illegal grows in Pueblo County, that marijuana has increased crime in the area, and that the plaintiff’s property values had been decreased.” Buck, meanwhile, argued that “the plaintiffs had presented no evidence my client had damaged them.”

The Reillys’ lawsuit, which they filed in 2015 along with the anti-drug group Safe Streets Alliance, was dismissed by a federal judge in 2016 but revived last year by the U.S. Court of Appeals for the 10th Circuit. “We are not suggesting that every private citizen purportedly aggrieved by another person, a group, or an enterprise that is manufacturing, distributing, selling, or using marijuana may pursue a claim under RICO,” the appeals court said. “Nor are we implying that every person tangentially injured in his business or property by such activities has a viable RICO claim. Rather, we hold only that the Reillys alleged sufficient facts to plausibly establish the requisite elements of their claims against the Marijuana Growers here. The Reillys therefore must be permitted to attempt to prove their RICO claims.”

The jury took just a few hours to decide that the Reillys had failed to show Walton’s operation was the proximate cause of any injury to them. University of Denver law professor Sam Kamin thinks the verdict will take some wind out of efforts by opponents of legalization to use RICO lawsuits as a weapon against cannabusinesses. “This isn’t the kind of loss where plaintiffs would be forever forbidden from bringing these kinds of suits,” he told the Post. “But it might chill the enthusiasm for bringing them in the future.”

from Hit & Run https://ift.tt/2zvR9Oj
via IFTTT

Wounded SEAL Dan Crenshaw Demands SNL Donate $1 Million To Veteran’s Charity After Mocking Him

Texas GOP congressional candidate Dan Crenshaw called on Saturday Night Live and Pete Davidson to donate $1 million to charity following a widely-panned joke about Crenshaw’s war injuries. 

During Saturday night’s episode of SNL, Davidson – who most recently made news for his failed relationship with pop star Ariana Grande, joked “You may be surprised to hear he’s a congressional candidate for Texas and not a hit man in a porno movie,” adding dismissively “Sorry, I know he lost his eye in war or whatever.” 

In response to Davidson’s off-color jokes, Crenshaw told CNN “I do not demand an apology. He probably should apologize, but I don’t want some hollow apology,” adding “I think what him and maybe the producers at SNL should do is pool their money together — let’s throw a figure out there, a million dollars — and let’s donate that to a series of veteran’s nonprofits.

“There’s a lot of veterans that really need help, and frankly, this kind of thing is offensive to them. They feel laughed at,” he added. 

Crenshaw, a former Navy SEAL, lost an eye during a 2012 tour in Afghanistan due to an IED blast. “One of our Afghan interpreters stepped on a pressure plate right in front of me. About 15 pounds of explosives dismembered him right in front of my face. It blinded me, shattered me and knocked me over,” he told the Daily Caller in March. 

He redeployed twice after losing his eye. 

via RSS https://ift.tt/2P8YGxc Tyler Durden

Will Your Retirement Efforts Achieve Escape Velocity?

Authored by Adam Taggart via PeakProsperity.com,

Sadly, most of us will outlive our savings…

The concept of ‘retirement’, of enjoying decades of work-free leisure in your golden years, is a relatively new construct. It’s only been around for a few generations.

In fact, the current version of the relaxed, golfing/RV-touring/country club retirement lifestyle only came into being in the post-WW2 boom era — as Social Security, corporate & government pensions, cheap and plentiful energy, and extended lifespans made it possible for the masses.

But increasingly, it looks like the dream of retiring is fast falling out of reach for many of today’s Baby Boomers. Most will outlive their savings (if they have any at all).

And the retirement prospects look even worse for Generations X, the Millennials, and Gen Z.

A Bad Squeeze

While the US enjoyed a wave of unprecedented prosperity throughout the 20th century, the data clearly shows that halcyon era is ending.

Real wages (i.e., nominal $ earned divided by the inflation rate) for the average American worker have hardly budged since the mid-1960s:

Yet the cost of living has changed dramatically over the same time period. Note how the rate of increase in the Consumer Price Index (CPI) started accelerating in the late ’60s and never looked back:

Squeezed between stagnant wages and a rising living costs, perhaps it should be little surprise that so many Americans are having difficulty finding anything left over to save for retirement.

We’ve written about this extensively in our past reports, such as Let’s Stop Fooling Ourselves: Americans Can’t Afford The Future and The Great Retirement Con. But as a way of driving the point home, here are some quick sobering stats from the National Institute On Retirement Security:

  • The median retirement account balance among all working US adults is $0. This is true even for the cohort closest to retirement age, those 55-64 years old.

  • The average (i.e., mean) near-retirement individual has less than 8% of one year’s income savedin a retirement account

  • 77% of all American households aren’t on track to have enough net worth to retire, even under the most conservative estimates.

(Source)

To these grim stats, we have to add in the likely additional challenges that will be brought by the coming epidemic of failures of underfunded public and private pension plans, the loss of jobs due to automation/outsourcing/competiton from younger workers/layoffs during the next recession, the extra years of funding demanded by longer lifespans, falling home and asset prices as interest rates rise, and the vaporizing of any existing savings as the Everything Bubble finally bursts.

We’re already seeing a new term appear in the research: senior poverty. We’re going to hear this term a lot more over the coming decades

Keep in mind that things have gotten this bad during the longest bull market in US history. How much worse will it get during the next downturn? 

The problem is growing as more Baby Boomers reach retirement age—between 8,000 to 10,000 Americans turn 65 every day, according to Kevin Prindiville, the executive director of Justice in Aging, a nonprofit that addresses senior poverty. Older Americans were the only demographic for whom poverty rates increased in a statistically significant way between 2015 and 2016, according to Census Bureau data. While poverty fell among people 18 and under and people 18 to 64 between 2015 and 2016, it rose to 14.5 percent for people over 65, according to the Census Bureau’s Supplemental Poverty Measure, which is considered a more accurate measure of poverty because it takes into account health-care costs and other big expenses. “In the early decades of our work, we were serving communities that had been poor when they were younger,” Prindiville told me. “Increasingly, we’re seeing folks who are becoming poor for the first time in old age.”

This presents a worrying preview of what could befall millions of workers who will retire in the coming decades. If today’s seniors are struggling with retirement savings, what will become of the people of working age today, many of whom hold unsteady jobs and have patchwork incomes that leave little room for retirement savings? The current wave of senior poverty could just be the beginning. Two-thirds of Americans don’t contribute any money to a 401(k) or other retirement account, according to Census Bureau researchers. And this could have larger implications for the economy. If today’s middle-class households curtail their spending when they retire, the whole economy could suffer.

(Source)

Yikes.

OK, so the masses are screwed. Retirement is nothing but a pipe dream for them.

But what about for you?

Will Your Retirement Fail To Launch?

Rocket science has a concept that’s very relevant to retirement planning. It’s called escape velocity.

When attempting to shoot a rocket into space, you need to make sure it’s travelling fast enough to get out of the Earth’s gravity well.

Not enough speed, and your rocket plummets back to the ground (catastrophically). Just enough speed gives your rocket orbital velocity, where it stays in contant motion circling the Earth. Anything faster than that achieves escape velocity, sending your rocket out into the larger solar system:

This is a good analogy for retirement planning:

  • Not enough savings and it’s a lifetime of work until you’re simply too old to continue. Beyond that point, unless you win the lottery or find a generous benefactor, you’ll likely live below the poverty level and depend on whatever government susbsidies are available to you and the growing army of impoverished seniors like you. This will not be a fun outcome — trust me. I’m supporting a close family member going through this now.

  • Just enough savings and you can retire, albeit cautiously. The main danger to those in this situation is that living costs may rise faster than anticipated. If so, falling out of retirement is a real threat. Frugality and vigilance are key.

  • Ample savings let you achieve escape velocity. This doesn’t neccesarily mean you can enjoy a caviar-and-champagne lifestyle; but you can leave the rat-race behind to focus on your interests, and sleep at night without worry. This is the state most of us aspire to, but fewer and fewer of us will actually attain.

The critical question each and everyone reading this needs to ask themselves is: Are my retirement efforts on track to achieve escape velocity?

Statistically, for most of you, the truthful answer is: No.

So get started by getting clear about what your current shortfall may be (we’ll talk about steps for addressing any shortfall later on below).

As a jumping off point, use the Multiply By 25 Rule. Many financial planners use this as a general rule of thumb: to be able to afford to retire, you should have at least 25x your desired annual income saved up before you hang it up at the office.

What’s your current household’s annual burn rate? Do you want to maintain that same standard of living as a retiree, or are you willing (and able?) to get by on less?

Don’t forget that the older you live, the higher the probability you’ll need to enter assisted living or a nursing home at some point. Here are some figures for you on that (from the Genworth 2017 Cost of Care Survey):

  • $100,000 a year = the median cost of a private room in a nursing home

  • $85,000 a year = if you don’t mind sharing a room.

  • $50,000 a year = if you can manage with just daily help from a home health aide. $50,000 pays for one shift a day; the rest of the time you’re on your own

(Source)

Whatever the final estimate, given your current savings rate, is it realistic to expect you’ll have 25 times that amount saved by the age you’d like to retire?

If you’ve never yet done this simple math, do it now.

If the numbers reveal you’re on or ahead of track, congratulations! And if not, at least you have a sense of what the gap is and can get to work on devising a credible plan for either closing it or ratcheting your retirement goals downwards.

(Of course, the Multiply By 25 Rule is just a rough guideline. The correct multiple for you may be higher or lower depending on your personal situation and goals. As always, we recommend working with your professional financial advisor — or the one we endorse at Peak Prosperity — when developing your retirement plan.)

For as they say, to fail to plan is to plan to fail. Workers who plan to fail rarely succeed in achieving retirement escape velocity:

Mutiplying Horror Stories

The media is increasingly peppered with heartwrenching stories of seniors unprepared to support themselves.

Many have spent their lives working, but were simply unable to put enough away:

In a perfect world, the perfect retirement is where life begins. But for people like Debra Leigh Scott, there’s the very bleak possibility that retirement is where life might end.

Suicide is my retirement plan,” Scott, a 60-year-old adjunct professor, said in an interview with Vitae. “Unless you have a spouse or partner, you’re looking at dire poverty in old age. In addition to poverty, you’re looking at getting no additional work because of your age, or you’re looking at dropping dead in the classroom.”

Scott, a divorced mother of two grown children, has been teaching for over a quarter century but never received the tenured position she hoped for. After years of financial struggles — including the loss of a home — she has no money saved for retirement.

(Source)

Some are seeing their cost of living escalate much faster than expected, depleting their savings more quickly:

In one neighborhood in Jersey City, New Jersey, the average tax burden will rise to $29,026 from $16,591, an increase of nearly 75 percent.

Property taxes are up 38 percent year-over-year in Clark County, Nevada.

Meanwhile, homeowners in Williamson County, Texas — just outside of Austin — experienced a 15 percent tax increase last year.

(Source)

Others are learning that the pension promises made by their employers are in jeopardy:

New England Teamsters facing $5.1 billion pension shortfall, putting retirees at risk, study says (Boston Globe)

A pension plan covering more than 72,000 truck drivers and warehouse workers represented by the New England Teamsters union is the nation’s second most underfunded multiemployer pension plan, and is on track to run out of money within a decade, according to a new study.

 

Nationwide, the study said, 121 multiemployer plans covering 1.3 million workers are underfunded by a total of $48.9 billion and have told regulators they could slip into insolvency within 20 years.

And remember, this is all happening at a time of record-low unemployment, low interest rates, record high stock and real estate prices, 3%+ GDP growth, and relatively affordable energy prices:

Again we have to ask: How much worse will things get when the next recession hits?

Securing Escape Velocity

Everyone reading this is on a one-way path to old age. Whether you plan ahead for it or not.

For the majority of us who hope to avoid spending the rest of our lives *having* to work but do not yet have our retirement fully funded, the following strategies will prove critical:

  • Minimize your cost of living footprint — Your savings will go farther the less you draw from it. Which expenses can you reduce/remove when you retire without losing undue quality of life? Start with the big expenses first — housing, food, vehicles, education, etc. Moving to a smaller/cheaper residence or a lower-tax state can extend your financial self-sufficiency by years. Buy in bulk and cook more meals at home vesus eating out. Become a 1-car household — or go carless (it may be much cheaper and more convenient to simply call an uber when you need a ride).

  • Maintain your health — Failing health is typically the biggest financial and emotional drain of old age. Making wellness a priority now, and taking good care of your health will reap tremendous dividends in your retirement, in (potentially huge) savings and (potentially much) higher quality of life.

  • Line up family/community support in advance — Too many folks delay involving their support community until things devolve to crisis levels. At that point, options tend to be much more limited. Instead, start openly planning with your family and close supporters long before retirement, to clarify how folks may be able to support you (and what you can do today to earn that support tomorrow). For many, a return to multi-generational residential living make great sense — where aged parents move in and help with chores and child rearing while they’re able, and then are caringly attended to in their last years when they cannot.

  • Develop passive income streams — When you stop working, that doesn’t mean your income has to stop, too. In the years/decades preceding retirement, there are steps you can take to create income streams that will persist for the rest of your life. Real estate investing, creating or buying into businesses, allocating your porfolio increasingly into dividend and income producing assets, purchasing annuities — these are all examples of steps most of us should be looking into. The more passive income you have coming in during retirement, the less your need will be to draw down from your nest egg.

So the good news is that the retirement dream is still attainable. You’re just going to have to remain laser-focused and disciplined in your pursuit of it.

There are strategies and behaviors that, if adopted now, will make it much more likely for you to be able to afford to retire — and in a way you can enjoy.

If you haven’t already read it, be sure to read our report Success Strategies For Retirement by Charles Hugh Smith. It details out a number of the best practices needed for a solvent retirement in today’s environment, including providing 14 specific action steps you can start taking right now in your life that will materially improve your odds of enjoying your later years with grace.

For far too many Americans, “retirement” will remain a perpetual myth. Don’t let that happen to you.

Click here to read Part 2 of this report (free executive summary, enrollment required for full access)

via RSS https://ift.tt/2QqKvjS Tyler Durden

A Mom Gets in Trouble for Being a Sex Offender Even Though She Wasn’t Convicted of a Sex Crime

|||Andrey Burmakin/Dreamstime.comAn Illinois mother’s attempt to put her children in day care revealed some unintended consequences of sex offender registries.

In 2000, an 18-year-old Tessah Mitchell kidnapped a baby from the hospital after suffering a miscarriage. She was charged with aggravated kidnapping and sentenced to 13 years in prison. She was also classified as a child sex offender at her sentencing, despite protestations from her lawyers. Though her offense was not sexual in nature, the list also includes people charged with kidnapping or attempting kidnapping.

Mitchell appealed her status in 2011, asking to be placed on the violent offender against youth registry instead. In a handwritten motion, Mitchell explained that her status as a sex offender was “disrupting” her employment. The motion was stricken when former Judge Carla Alessio Policandriotes said that the court did not have jurisdiction.

The status only led to more trouble when, in 2016, Mitchell attempted to register her children at a day care. The conditions of the Illinois Sex Offender registry state that those on the list are prohibited from being on or near a school property, and so staff at the KinderCare contacted the police.

Will County Assistant State’s Attorney John Rickmon pursued new charges against Mitchell, who was not apprehended until September. The arrest warrant charged her with being in a school zone, giving a false phone number to police, and failing to inform police about a change in her employment address. Her bond was set at $150,000.

While there is no excuse for kidnapping, there is also no justification for putting people who committed nonsexual crimes on a sex offender registry. There is no reason for Mitchell to carry the burden of being on such a list, nor should she be treated as though she is maliciously seeking child victims.

from Hit & Run https://ift.tt/2F1WCCo
via IFTTT

Border Troop Deployment Cost May Reach $220 Million

The cost of deploying troops to the US-Mexico border to help deal with three incoming caravans of Central American may cost as much as $220 million, according to CNBC, citing two US defense officials who were not authorized to speak publicly. 

The estimate, which could change on the ultimate size and scope of the mission, comes amid the deployment of approximately 4,000 troops to the border on Saturday ahead of the first caravan’s arrival – which has dropped in size from an initial 7,000 to under 4,000 as participants have either accepted asylum in Mexico or turned around. 

Trump has made the caravan one of his prime targets as he campaigns for Republicans down the stretch of the midterm election campaign. The president has referred to the caravan as an “invasion” while claiming that Democrats want open borders.

Critics have called the deployment a political stunt. Defense Secretary James Mattis, however, downplayed that criticism last week. “The support that we provide to the secretary for homeland security is practical support based on the request from the commissioner of customs and border police. We don’t do stunts in this department,” he said Wednesday. –CNBC

CNBC also wants you to know that the caravan does not pose an immediate threat to the United States, according to a Pentagon risk assessment reported by “a person with direct knowledge of US intelligence,” who we assume isn’t a fan of stopping the incoming migrants. The person added that the caravan would take around a month to reach the US border, which we assume means on foot. 

On Sunday we reported that newly arrived US troops had placed around 1,000 feet of razor wire fencing along the Texas side of the Rio Grande river underneath the McAllen-Hidalgo International Bridge, as three separate caravans of Central Americans make their way north in the hopes of claiming asylum.

Soldiers participating in “Operation Faithful Patriot” are working with US Customs and Border Patrol officers to install the fencing, according to the Department of Defense. 

The Department of Defense estimates that over 7,000 troops will be stationed in Texas, Arizona and California, while a second caravan of around 1,000 – 1,500 people trails the first – crossing from Central America into Mexico last week. 

The Department of Defense estimates that more than 7,000 troops will be positioned in California, Arizona and Texas in support of the Department of Homeland Security and Customs and Border Protection. In which case, the border mission, dubbed Operation Faithful Patriot, will have a larger U.S. military footprint than the combined efforts in Iraq and Syria.

However, last week, Trump said he was prepared to deploy as many as 15,000 service members to the border, a move that would be on par with the U.S. troop presence in Afghanistan, which remains America’s longest war. –CNBC

The Washington Post had previously estimated the cost of deployment at $200 million by the end of the year.  

During a Saturday campaign rally in Montana, President Trump said “Mexico is trying, they are trying but we’re different, we have our military on the border,” adding “And I noticed all that beautiful barbed wire going up today. Barbed wire, used properly, can be a beautiful sight.”

***

The original caravan continued on foot Saturday after Mexico rescinded an offer to bus them to Mexico City, citing a lack of water. They are currently making their way through the Gulf Coast state of Veracruz, and are around 750 miles from the US border. The caravan’s numbers have dropped from 7,000 to around 4,000 over the last few weeks, while around 3,000 have applied for asylum in Mexico and others haver returned home. 

On Friday night, Veracruz governor Miguel Ángel Yunes offered bus rides to the country’s capital, however he quickly rescinded the offer, blaming maintenance work on Mexico City’s water supply which he said left 7 million people without water over the weekend. 

Mexican officials, meanwhile, have ceased to provide bus, truck and van rides to the group. 

via RSS https://ift.tt/2ANrAdy Tyler Durden

Politicians now threatening and encouraging violence in the Land of the Free

“Between now and November 6, you better put a catcher’s mask on your face because I’m going to stomp all over your face with golf spikes.

Unfortunately this isn’t trash talk from some middle school bully… it’s a public threat made by a Pennsylvania gubernatorial candidate to his incumbent opponent.

With the midterm elections tomorrow, I wanted to take some time today to remind you who your vote actually supports.

Politics has likely never been more divisive in the US… and the politicians continually stoke this flame, often times, like with the quote above, inciting their constituents to carry out violent acts against the opposing party.

It’s completely despicable that this has become the state of government in the land of the free… instead of focusing the public’s attention on solving the big problems the US faces (like debt), politicians stoke partisan flames to advance their own self interests.

And they encourage outright violence. One congresswoman encouraged supporters to attack members of the Cabinet if they saw them in public…

“If you see anybody from that Cabinet in a restaurant, in a department store, at a gasoline station, you get out and you create a crowd and you push back on them, and you tell them they’re not welcome anymore, anywhere.”

Calling for violence because you don’t agree with the opposing party is totally pathetic. It’s something I’d expect to see in a third-world country, not the world’s leading economic power.

And it’s one of the many, many reasons I don’t vote.

At the end of the day, you’re forced to choose between two, self-serving candidates who will say whatever BS they have to gain/retain power.

People think they can use their vote to get “the right guy in power.” But the truth is, the new guy just turns into the last guy… because the whole system is broken.

The government spends almost every tax dollar it takes in to pay interest on its debt and on entitlements like social security and Medicare.

And the government’s own projections show the country going only deeper and deeper into debt.

So any choice leads to the same set of dire, economic consequences.

And by voting, you’re saying you accept the current system. You may have your gripes, but you ultimately believe it’s fair and it works.

The reality is, there are far better ways to actually vote.

For one, you can vote with your feet… that’s something I did a decade ago when I moved abroad.

But that’s not for everybody… some people can’t just move.

But you can also vote with your dollars. You should take all the legal steps at your disposal to reduce what you owe the government.

If you don’t like the candidates, simply stop participating in the system. Stop giving them resources to squander “for your benefit.”

Remember, the government spends YOUR money, not theirs. So if you want them to stop wasting money, stop giving them so much.

One way to do this is to move to Puerto Rico, where you can pay 4% corporate tax and zero tax on capital gains through Acts 20 and 22.

I recently decided to do this.

You can also take advantage of opportunity zones.

Normally, you’d pay 23.8% capital gains tax (including the Obamacare surcharge). But through opportunity zones, you can trade in overpriced stocks and real estate and invest that money in designated “opportunity zones” across the US.

Not only will you defer your initial capital gains tax for up to seven years… you’ll pay ZERO capital gains tax on that new investment, forever.

I’ve got to stress, you should always follow the law when reducing taxes. Luckily, there are lots of incredible and completely legal ways to drastically reduce the taxes you pay.

So while everyone else lines up to vote in the midterms, then proudly posts a picture of their “I voted” sticker on social media…

Just remember, there are better ways to make your vote count.

Source

from Sovereign Man https://ift.tt/2qsk0Pk
via IFTTT

Virginia Cop Charged in Shooting That Got Him Named Officer of the Month

When a Virginia cop shot a fleeing burglar in October 2017, he was named officer of the month and received a medal of valor. Now the same incident has him facing criminal charges.

Officer Jeremy Durocher of Portsmouth was charged Thursday with “aggravated malicious wounding” and “use of firearm in commission of felony,” according to a grand jury indictment. Durocher allegedly intended to “maim, disfigure, disable, or kill” the defendant, 19-year-old Deontrace Ward. Durocher’s actions caused Ward “to be severely injured and to suffer permanent and significant physical impairment,” the indictment says.

Body camera footage of the October 29 incident shows Durocher running after Ward, a burglary suspect:

Durocher, who had been sworn in as an officer roughly six months prior, yells “Get on the ground” and then fires two shots before Ward jumps over a fence. “He has a gun! He has a gun!” Durocher shouts. He eventually has a clear line of sight and shoots again. This time, Ward drops to the ground. “Stay down,” Durocher says. As other officers surround Ward, Durocher warns them that the suspect is armed.

“He’s got a gun in his waistband,” Durocher tells two officer who are down on the ground with Ward. “I got you, I already see it,” one of the officers responds, before telling Ward: “You reach for that, I swear to God you will regret it.”

Near the end of the video, Durocher says: “He came out the window, had a gun pointed at me.”

Police did find a handgun inside the bottom of one of Ward’s pant legs, The Virginian-Pilot reports. He originally faced charges of assaulting a cop and “brandishing a firearm,” according to WAVY. But under the terms of a plea agreement, those charges were dropped. Ward pleaded guilty to several other charges, including armed burglary and grand larceny. He was given a 31-year prison sentence, though 25 of those years have been suspended.

Durocher, meanwhile, was honored at least twice for his actions. “His efforts have been recognized by his chain of command, as well as executive command staff,” says a December message from Capt. Rich Springer congratulating Durocher on being named officer of the month.

Chief Tonya Chapman has also praised Durocher. “In recognition for your heroic response,” she writes in his medal of valor commendation, “you took necessary steps to stop the threat that this suspect posed to the public and to your fellow officers at great personal risk.”

Durocher was put on administrative duty after the shooting, though it’s unclear if the department plans to keep him on in the wake of his indictment. Duurocher turned himself in after being charged but was soon released on bond.

So how did Durocher go from being a hero to facing criminal charges? Portsmouth Commonwealth Attorney Stephanie Morales tells WAVY the change came following “a Virginia State Police investigation and a supplemental investigation performed by our office’s investigator.”

Via his defense attorney, Durocher maintains that he did nothing wrong. The Portsmouth Fraternal Order of Police agrees. But a lawyer for Ward, who’s currently serving his sentence, says he plans to file a lawsuit.

To be clear, this is not a cut-and-dried case. Ward was an armed criminal. But he was also running away, and it doesn’t appear as though Durocher’s life was in any danger. It remains to be seen how that will play out in court.

But the entire ordeal shows the danger of encouraging officers to use potentially deadly force when their lives aren’t in danger. As Chicago Tribune columnist Steve Chapman has written, “American cops have a pattern of erring on the side of using deadly force, because they generally are trained to do so and rarely incur punishment for it.” Some are even rewarded for it.

from Hit & Run https://ift.tt/2yVROJr
via IFTTT

Turn Off, Tune Out, Drop Out – Small Business On The Brink

Authored by Charles Hugh Smith via OfTwoMinds blog,

An unknown but likely staggeringly large percentage of small business owners in the U.S. are an inch away from calling it quits and closing shop.

Timothy Leary famously coined the definitive 60s counterculture phrase, “Turn on, tune in, drop out” in 1966. (According to Wikipedia, In a 1988 interview with Neil Strauss, Leary said the slogan was “given to him” by Marshall McLuhan during a lunch in New York City.)

An updated version of the slogan might be: Turn Off, Tune Out, Drop Out: turn off mobile phones, screens, etc.; tune out Corporate Media, social media, propaganda, official and unofficial, and drop out of the status quo economy and society.

Dropping out of a broken, dysfunctional status quo in terminal decline has a long history. The chapter titles of Michael Grant’s excellent account of The Fall of the Roman Empire identify the core dynamics of decline:

  • The Gulfs Between the Classes

  • The Credibility Gap

  • The Partnerships That Failed

  • The Groups That Opted Out

  • The Undermining of Effort

Our focus today is on The Groups That Opted Out. In the decline phase of the Western Roman Empire, people dropped out by abandoning tax-serfdom for life in a Christian monastery (or as a worker on monastery lands) or by removing themselves to the countryside.

Today, people drop out in various ways: early retirement, disability or other social welfare, homesteading or making and saving enough money in the phantom-wealth economy that they can quit official work in middle age.

We can see this in the labor participation rates for the populace at large, women and men. The labor participation rate reflects the percentage of the population that’s in the workforce, either working or actively looking for work.

That the number of people in the workforce has declined significantly is well-known. The US Census pegs the number of people ‘not in the labor force’ at 95 million.This includes people who are disabled, in school, etc., so the number should be taken with a grain of salt. But the decline in the relative size of the labor force is remarkable:

Interestingly, the labor participation rate for women has held steady compared to the entire populace.

Now compare it to the labor participation rate for men, which has absolutely cratered:

The difference between genders is striking. Gender roles in society and the economy are clearly causal factors. Many have speculated that the decline in traditional strongholds of male employment such as manufacturing explain the decline of males in the workforce. As for the high participation of women, we might speculate that being caregivers for children and elderly parents requires earning an income, and as these responsibilities continue to fall more heavily on females, it may be that fewer women have the option of dropping out.

As for turning off, consider this account of tech overlords turning off their own childrens’ access to screens (via GFB): A Dark Consensus About Screens and Kids Begins to Emerge in Silicon Valley “I am convinced the devil lives in our phones.”

I’ve written about mobile phone and social media addiction many times, so the reluctance of tech elites to let their own children suffer the ravages of digital addiction isn’t surprising.

As for tuning out, the strident voices of political polarization are not as widespread as generally perceived: Hidden Tribes: A Study of America’s Polarized Landscape found that the rabidly leftist / “progressive” tribe is a mere 8%, and their opposite tribe on the right is equivalently modest in number.

It doesn’t take much observation to surmise that the majority in the middle are tuning out both polarizing extremes. Partisans may view this abandonment as negative, i.e. apathy, but this would be misreading the situation: the reality is the majority are tired of the poisonous polarities and the stultifying, going-nowhere toxic frenzy that destroys participants’ equilibrium and sanity.

An unknown but likely staggeringly large percentage of small business owners in the U.S. are an inch away from calling it quits and closing shop. At some point the ever-higher costs of burdensome, mostly useless bureaucratic compliance and complexity, the ever more costly junk fees, filing fees, permits, penalties and taxes, the higher costs of labor overhead (healthcare insurance, workers comp, etc.) and the ever-rising costs of materials and services make it an easy decision to drop out of the rat race and either sell the business to someone less grounded in reality or just close it down.

Those who tire of being nailed by “tax the rich” schemes can drop out by earning less. Sell out, move out, drop out. Unfortunately for all those who depend on the Savior State, the state cannot force people losing money and their mental health to continue operating enterprises. (At least not yet.) Once small business and the productive wealthy (i.e. upper middle class) sell out, move out and drop out, it’s game over for the “tax the rich” crowd and the local economy.

Dropping out is an increasingly attractive option. For those unable to drop out,turning off and tuning out are increasingly attractive options.

*  *  *

My new mystery The Adventures of the Consulting Philosopher: The Disappearance of Drake is a ridiculously affordable $1.29 (Kindle) or $8.95 (print); read the first chapters for free (PDF).  My book Money and Work Unchained is now $6.95 for the Kindle ebook and $15 for the print edition.  Read the first section for free in PDF format. If you found value in this content, please join me in seeking solutions by becoming a $1/month patron of my work via patreon.com.

via RSS https://ift.tt/2QgufS5 Tyler Durden

Marine Le Pen Leads Macron For First Time, Latest Poll Shows

French President Emmanuel Macron’s already abysmal approval ratings, which has fallen precipitously this year following an exodus of cabinet officials, tone deaf messaging over the president’s “lavish” lifestyle, controversial immigration policies and a scandal involving brutality by a Macron bodyguard and confidant, have already slid to their lowest level since his presidency began, putting him on pace to eventually match the single-digit approval ratings enjoyed by his predecessor, socialist Francois Hollande, which inspired Hollande not to seek a second term.

Le Pen

And over the weekend, the polls dealt another embarrassment to France’s youngest leader since Napoleon, when they revealed that the National Rally (formerly National Front) party’s candidates for the May European Parliament election are polling higher than candidates running on Macron’s “En Marche” ticket. This is the first time the far-right party has overtaken Macron’s centrist movement in the polls.

As the IFOP opinion poll showed, National Rally candidates – who belong to the party led by Marine Le Pen, Macron’s former opponent in the 2017 presidential campaign – were polling at 21%, compared with 19% for En Marche:

The ruling party appears to be outpaced by the alliance of Macron’s former presidential rival –Eurosceptic Marine Le Pen. Her National Rally (formerly Front National) gathered 21 percent of the voters against LREM’s 19 percent. This represents some strong gains by Le Pen, who lost to Macron 33% to 66% in the second round of the presidential vote. 

According to RT, Le Pen, a committed eurosceptic, is apparently hoping to repeat the success of the 2014 European parliament election, when her party, the called the National Front, won a quarter of the vote. Macron formed his party in 2016 as a vehicle for supporting his presidential bid.

The deterioration in public support for Macron, who is the latest French leader, following Hollande and conservative former President Nicolas Sarkozy, to struggle with fickle public opinion so soon after his electoral win, has been akin to the candidate hitting “a brick wall.”

“Emmanuel Macron has crashed into a brick wall of reality. His hold on national politics is waning, as is his influence. He’s losing control of his government,” said Christian Jacob, the Republicans parliamentary leader.

In addition to migration and the various gaffes and scandals that have plagued Macron’s administration, he has developed a reputation as an out-of-touch leader, particularly after he summarily dismissed the complaints of elderly French citizens following a round of pension cuts.

According to some polls, Macron’s approval rating has already dipped below the level enjoyed by Hollande at a similar point in his presidency, according to the Independent. This raises the possibility that France’s “hero” centrist reformer, upon whom the people had pinned their hopes to revive a moribund French economy, won’t be able to follow through on his plans.

via RSS https://ift.tt/2qx46TP Tyler Durden

10 House Races Libertarians Should Watch on Election Night

With all 435 seats in the House up for election on Tuesday night, it’s far easier to get interested in the aggregate result: Will Republicans hold their majority or will they lose it to the Democrats?

The second outcome seems most likely, with Nate Silver’s FiveThirtyEight now projecting that Democrats have an 84 percent chance of emerging from Tuesday with a House majority. Polling aggregator Real Clear Politics also sees Dems with a clear advantage, but a smaller one; it lists three dozen races as “toss-ups” heading into the final 48 hours of the campaign.

Below, we’ve picked we’ve picked out 10 races that might be particularly interesting to libertarians—either because of who is running or because of specific dynamics at play in the race. And, sure, it helps if the outcome of the race remains in doubt.

Don’t forget to check out Reason‘s coverage of key Senate races and the nation’s most important gubernatorial contests too.

Colorado 6th

Incumbent: Rep. Mike Coffman (R)

Cook Partisan Voter Index (CPVI) Rating: D+2

Why It Matters: Republican incumbent Rep. Mike Coffman is likely to be unseated, with polls showing the race leaning toward his Democratic challenger, Jason Crow—and in a district that’s already slightly favorable to Democrats, according to the CPVI, which is based on how the district has voted in the past two presidential elections relative to the nation as a whole. This is also one of the most expensive congressional races in the country, with more than $22 million spent by the candidates and outside groups combined.

Libertarian candidate Kat Martin has broken from mainstream talking points to defend less government in all aspects of life. While several of Martin’s views include national politics, she has also supported the passage of Colorado’s Amendment A. The amendment seeks to change wording in the state constitution to abolish involuntary servitude without pay or compensation as a punishment for crime. An identical amendment was passed unanimously in the state legislature in 2016, but failed in the general election. Supporters of the previous amendment believe that it failed because of confusing language.

Kentucky 4th

Incumbent: Rep. Thomas Massie (R)

CPVI Rating: R+18

Why It Matters: One of the most libertarian-friendly members of Congress, Massie is expected to be on his way to a fourth full term representing this northern Kentucky district. His opponent is Seth Hall, an attorney who won a three-way primary earlier this year.

Even if a Democratic “blue wave” materializes, Massie appears to be on dry land. Both Real Clear Politics and FiveThirtyEight rate the district as safely Republican. The more interesting thing to keep an eye on here may be Massie’s margins. He got 62 percent of the vote in 2012, followed by 67 percent in 2014 and 71 percent in 2016.

Iowa 3rd

Incumbent: David Young (R)

CPVI Rating: R+1

Why It Matters: Actually, all four of Iowa’s congressional districts are rated as some of the most important in the country. Thanks to the state’s politically balanced population, its reputation for having an independent streak, and a redistricting scheme that actually sorta works, three of of Iowa’s districts are rated between D+1 and R+1 on the Cook Partisan Voting Index. The fourth is also a close race this year (despite being an R+11 district), because incumbent Rep. Steve King (R) has drawn widespread criticism—including from Sen. Jeff Flake (R-Ariz.), who says he is “rooting for” King’s Democratic opponent, J.D. Scholten—for supporting white nationalist candidates in recent Canadian and European elections.

Still, the 3rd District might be the most important bellwether in the state. It’s one of the most purple districts in the whole country, but it hasn’t turned into a Democratic runaway even as other narrowly Republican districts have. Democrat Cindy Axne, a small business owner, leads by less than 2 points in several late-October polls. She has earned some attention for eschewing the #MeToo narrative as part of her campaign, despite having survived an attempted rape while in college. Trump’s tariffs are particularly unpopular in Iowa, potentially an anchor on Young’s re-election chances.

Given the balanced population and the close polls, the 3rd District also provides an opportunity for Libertarian Bryan Holder to cover the spread. Unfortunately, pollsters have not seen fit to include him in their surveys.

Michigan 3rd

Incumbent: Rep. Justin Amash (R)

CPVI Rating: R+6

Why It Matters: While many Republicans have used Trumpian language to message to voters in the upcoming election, the libertarian-leaning incumbent, Justin Amash, has spent the better part of the Trump presidency tweeting his unadulterated critiques of the administration. Most recently, Amash decried the president’s desire to end birthright citizenship via executive order, saying that Trump could not amend the Constitution so easily. Both Amash’s outspokenness and his Arab-American identity have led to scraps with Trump Republicans.

Prior to the 2016 election, Amash was a less polarizing figure in the GOP. Amash is a member of the House Freedom Caucus, which has roots in the Tea Party movement. The House Freedom Caucus has also been criticized in a post-Trump GOP after opposing the equally problematic “Ryancare” bill. After Trump relentlessly attacked fellow Freedom Caucus member Mark Sanford of South Carolina, he lost his primary.

New York 14th

Incumbent: None (Rep. Joe Crowley, a Democrat, was defeated in the primary)

CPVI Rating: D+29

Why It Matters: Democrats experienced a shocking upset when Alexandria Ocasio-Cortez, who self-identifies as a democratic socialist, beat 10-year-incumbent Rep. Joe Crowley in the Democratic primary. The 28-year-old’s win was considered the Democrats’ “Eric Cantor moment,” as Crowley was widely predicted to succeed House Minority Leader Nancy Pelosi. Following Ocasio-Cortez’s win, other Democratic primaries were watched closely for similar upsets.

Ocasio-Cortez, who was previously a organizer for Bernie Sanders’ 2016 presidential campaign, quickly became an icon for democratic socialists across America. Despite her success, many other high-profile candidates backed by Ocasio-Cortez and Sanders were not as successful in their races.

Ocasio-Cortez is very likely to win the general election. It will be interesting to see how establishment Democrats deal with being on the political outside.

North Carolina 9th

Incumbent: None (Rep. Robert Pittenger, a Republican, was defeated in the primary)

CPVI Rating: R+7

Why It Matters: One of four toss-up races in a critical swing state, this newly redrawn district—North Carolina had to reconfigure its congressional districts this year after federal courts decided the previous map was unfairly gerrymandered—is exactly the type of mixed rural/suburban place that Democrats will have to win to take the House.

Mark Harris, a former pastor, upset Pittenger in the Republican primary. He’s a hardcore cultural conservative who has preached that women should be subservient to their husbands and should shy away from careers. He’s also opposed to gay marriage. Democrat Dan McCready, a former Marine, has promised to vote against Nancy Pelosi for House Speaker and has stressed his military service and religious beliefs, positions that make strategic sense running against an extreme opponent in a moderately conservative district.

Three October polls by two different pollsters found everything from a five-point Harris lead to a four-point McCready lead. No one knows how this race will go, but it’s safe to say that Libertarian candidate Jeff Scott had the best tweet of the campaign:

Pennsylvania 7th

Incumbent: None (Rep. Charlie Dent, a Republican, resigned in May for personal reasons)

CPVI Rating: D+1

Why It Matters: A court-ordered redrawing of Pennsylvania’s congressional districts produced a more compact and competitive map—previously, the area now covered by the 7th district was split between a deeply blue district and moderately red district. The new map figures to wipe away the 13–5 edge that Republicans have enjoyed in Pennsylvania since 2011, and this district (along with the PA-1) are prime pick-up opportunities for Democrats.

The most recent poll of the race, conducted in mid-October by Muhlenberg College, showed Democrat Susan Wild, an attorney, with a 48–41 lead over Republican Marty Nothstein, a county commissioner and former Olympic cyclist. Libertarian candidate Tim Silfies, a television producer who worked on John Stossel’s former Fox Business Channel show, got 5 percent of the vote in that poll. Silfies participated in a three-way debate on October 25, potentially raising his profile in the district and increasing the chances that he can cover the spread in what looks likely to be a Wild victory.

Texas 32nd

Incumbent: Rep. Pete Sessions (R)

CPVI Rating: R+5

Why It Matters: This Texas race has entered the tossup category, with Republican incumbent Rep. Pete Sessions polling just one point ahead of Democratic challenger Colin Allred. Libertarian challenger Melina Baker is currently predicted to receive 2.7 percent of the general vote in the close race.

Baker has been a vocal opponent of her Republican challenger, who serves as the Rules Committee Chairman. In June, the committee blocked Oregon Rep. Earl Blumenauer’s bipartisan Veterans Equal Access amendment, which would give veterans protections to help them access medical marijuana.

Utah 4th

Incumbent: Rep. Mia Love (R)

CPVI Rating: R+13

Why It Matters: Despite becoming the first black Republican woman elected to Congress four years ago, Rep. Mia Love’s tenure could be coming to an end. The race between Love and Democratic challenger Ben McAdams is officially in the tossup category, with Real Clear Politics showing McAdams with a 2.3 point lead.

In 2012, Reason identified the Tea Party Republican as a “libertarian(ish)” candidate during her first bid for office. Love’s liberty-friendly views included things from eliminating the federal departments of Education and Energy to opposing the Defense of Marriage Act despite being personally against marriage equality. Since being elected, Love has largely voted in alignment with Republican and conservative bills. As the child of Haitian immigrants, however, she has not hesitated to speak out against the administration on immigration issues. In January, Love said that Trump’s “shithole countries” comments were “indefensible.” Both Love and McAdams also recently opposed Trump’s desire to end birthright citizenship with an executive order.

Virginia 7th

Incumbent: Rep. David Brat (R)

CPVI Rating: R+6

Why It Matters: Brat shocked the political world when he upset then–House Majority Leader Eric Cantor by 12 points in the 2014 Republican primary. It remains the only time in U.S. history that a sitting majority leader (a title that has existed officially since 1899) was defeated in his or her party’s primary election. Brat’s win demonstrated the extent to which “establishment” conservatism had lost control of the GOP to the party’s insurgent right wing.

Now the former college professor and House Freedom Caucus member could be heading toward another symbolic upset. Democrat Abigail Spanberger, a former CIA officer, is running neck-and-neck with Brat in a district that should be relatively safe territory for Republicans. (Romney won the district by 11 points, Trump by 6.) The most recent poll of the race, a late September survey by Monmouth University, showed Spanberger with a 47–42 lead, while Libertarian candidate Joe Walton garnered 2 percent.

from Hit & Run https://ift.tt/2PNMP7v
via IFTTT