The Biden Administration Is Taking From the Poor and Giving to the Rich


bright green money with someone on a laptop in the middle on a bright red background

If you had any doubts that those in power have dropped the pretense of fighting for the working class, you can dispense with them after President Joe Biden administration’s latest concessions to the laptop class. From student loan forgiveness to subsidies for people who drive pricey electric cars and profitable semiconductor company CEOs, this administration is working hard to shower its friends with handouts paid for by hardworking lower-wage Americans.

We learned of the most outrageous handout of them all, of course, when Biden announced that he will—unilaterally, mind you, and for no apparent reason that I can see—extend the pause on student loan payments until the end of the year and forgive up to $10,000 for those persons making less than $125,000 a year. This generosity with other people’s money extends up to $20,000 for Pell Grant recipients.

As David Stockman, a former director of the Congressional Office of Management and Budget, reported recently, “Only 37% of Americans have a 4-year college degree, only 13% have graduate degrees and just 3% have a PhD or similar professional degree. Yet a full 56% of student loan debt is held by people who went to grad school and 20% is owed by the tiny 3% sliver with PhDs.”

Picture two young married lawyers who together earn just under $250,000 and are on their way to making even more money in the future. They will be able to collect from Uncle Joe a nice bonus of $40,000, taken from the pockets of the many people who didn’t go to college—perhaps because they did not want to take on debt—and from those who have responsibly already paid back their debt.

It’s no wonder that so many left-leaning economists and policy wonks have loudly criticized this so-called student loan forgiveness. The Washington Post, for instance, editorialized that the decision is “regressive,” “expensive” and “likely inflationary,” nullifying “nearly a decade’s worth of deficit reduction from the Inflation Reduction Act.”

Meanwhile, Jason Furman, who headed former President Barack Obama’s Council of Economic Advisers, napalmed the plan in a brutal Twitter thread. He explained that, thanks to Biden’s move, interest rates would have to rise by an additional 50 to 75 basis points to counteract the added inflationary effect. Furman made clear that he regards this outcome as remarkably unfair and regressive.

Then there’s the Inflation Reduction Act’s gusher of green subsidies, many of which disproportionately benefit wealthier Americans. Take the extension of the tax credit of up to $7,500 for the purchase of new electric vehicles. For those buying used EVs, the tax credit is now $4,000, little consolation for people who can’t afford the luxury of buying electric cars, which remain much pricier than their gasoline-powered alternatives. The bill hopes to address this issue by making expensive EV cars ineligible for the credit, but it counteracts this provision with a requirement that only cars assembled in the United States are eligible.

To underscore how disconnected policymakers are from average Americans, the vehicle credits are limited to those making less than $150,000 annually (single filing) and $300,000 (joint filing), presumably to avoid criticism for subsidizing the rich. That still leaves about 93 percent of individuals or 97 percent of households able to seize the subsidy. And given that it’s mainly been taxpayers with annual incomes over $100,000 using the credit in the past, this subsidy will mostly still serve a swath of fairly well-off people.

But politicians are not just showering higher-income individuals with subsidies; they do the same for companies. A quick look at the semiconductor subsidies in the CHIPS Act reveals that the well-publicized $52 billion giveaway will benefit well-connected and rich companies.

We could go on and on with more examples, such as Democrats’ incessant demand to restore remarkably regressive state and local tax (“SALT”) deductions to their pre-2017 heights. The only persons who will gain are high-income earners—and their big-spending elected officials—in high-tax blue states. They lost parts of these deductions when the Trump tax cuts were implemented, and they want them back.

If you’re surprised by any of this, you haven’t been paying attention to Democrats’ recent record. Few are even pretending to be the party of anyone other than the privileged laptop class.

COPYRIGHT 2022 CREATORS.COM.

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Wall Street’s Biggest Bear Expects Stocks To Do Something They’ve Never Done Before As They Tumble To New Lows

Wall Street’s Biggest Bear Expects Stocks To Do Something They’ve Never Done Before As They Tumble To New Lows

After several weeks of unease, as stocks rampaged higher despite his bearish prognostications, on Monday Morgan Stanley’s permabear strategist, Michael Wilson, returned to his prime, forecasting doom and gloom and predicting that the current market swoon was just the start of the next leg lower. 

To be fair, it is hardly a surprise that one of Wall Street’s biggest bears would forecast that the June to August ramp was nothing but a bear market rally; the question is where (and how) does Wilson see the current slump ending.

To answer that question, Wilson spoke to “Bloomberg Markets” on Wednesday warning investors to brace for more pain as “US stock indexes haven’t yet hit bottom for the year.”

“The index usually is the last thing to fall,” Wilson, who correctly predicted this year’s equity selloff even as almost all of his peers expected the S&P to easily rise and hold above 5,000. “June probably was the low for the average stock, but the index, we think, still has to take out of those June lows.”

That is very notable, because as we explained several weeks ago, when the S&P retraced more than 50% of the drop from the Jan record high to the Jun bear-market lows, there has never been a “bear market rally” that bounce back above the 50% fib and then went on to make lower lows (although as Michael Burry noted last month, he clearly disagreed that this is anything more than a bear market rally. He was right). Indeed, as the table below from CFRA’s Sam Stovall shows, the S&P has never set a lower low in any of the 13 post-World War II bear markets after recovering 50% of its peak-to-trough decline.

In other words, by predicting fresh lows this year, Wilson expects the S&P to do something it has never done before.

“We view 3,400 for the growth recession or soft landing” scenario, Wilson noted, which ironically is even more bullish than Goldman, whose chief equity strategist David Kostin recently predicted the S&P would drop as low as 3,150 in case of a recession. And while Goldman has yet to make a recession its base case for the US economy, it is only a matter of time before the vampire squid is “forced” into admitting that its 5,100 year end target as recently as February was really just one big joke and “because markets”, said target is really 2000 points lower.

Going back to Wilson, the MS strategist echoes what he said earlier this week, namely that trends in operating margins were worse than forecast, while expecting this negative direction to continue.

“P/E multiple is wrong not because the Fed is going to be hawkish, but because the equity market is being too optimistic about the earnings outlook,” Wilson, said adding that “multiples will start to come down as earnings get cut and then somewhere in the middle of that earnings cut process the market will bottom and we think that’s probably between September and December.”

At the low in June, the S&P 500 was trading at 18 times earnings, a multiple that exceeded trough valuations seen in all previous 11 bear cycles since the 1950s. The current P/E for the index sits above 19.

Meanwhile, as the Fed remains laser-focused on economic data, Wilson thinks the central bank is “always going to be late by design” since it relies on two of the most backward looking data points: labor market data and inflation.

“By the time the labor market falls apart, it’s too late,” he said, since by then it will be evident that the US economy is in a recession. “The Fed is relevant but I think we priced most of the Fed pain after the first of the year,” he added.

Finally, while Wilson is rather doom and gloomish on most stock – he, like Zerohedge – has a soft spot for energy, and is why Wilson, whose firm is neutral on the sector, suggested looking at the S&P 500 excluding that industry.

“When energy is doing well it’s usually bad for everything else,” he said, adding the divergence will continue. “Energy is really the antithesis for everything else.”

Are we going to see XOM 200 before it’s all said and done?

Tyler Durden
Thu, 09/01/2022 – 13:40

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The System Is Busy Cannibalizing Itself

The System Is Busy Cannibalizing Itself

Authored by Charles Hugh Smith via OfTwoMinds blog,

As the word suggests, cannibalism won’t end well for those consumed by the infinitely insatiable few.

Cannibalize is an interesting word. It is a remarkably graphic way to describe the self-inflicted destruction of a system by stripping previously functional subsystems to sustain the illusion of system functionality.

Here are some examples.

An Air Force which routinely posts photos of its impressive fleet of 100 aircraft has been cannibalizing parts from 80 aircraft to keep 20 flying. This maintains the useful illusion that all 100 aircraft are available for combat when only 20% are functional, and most of those only minimally so.

An enterprise maintains a substantial cash position even as it loses money every quarter by quietly selling off its most valuable assets. This maintains the illusion of financial strength even as the enterprise is being hollowed out.

The system–whatever you choose to call it–is busy cannibalizing itself to the point of collapse. Neoliberal State Capitalism is a pretty accurate description of every major global player’s system because all seek to benefit from the expansion of markets (Neoliberal Capitalism) and financial instruments (Finance Capitalism), and control these markets and instruments to benefit the few in power at the expense of everyone else (state Capitalism).

Turning transparent, open markets into controlled, exploitable “markets” is the ultimate cannibalization of equally-open-to-all market capitalism which is the foundation of the productive distribution of opportunity.

Turning small-scale, localized finance into centralized / globalized hyper-financialization cannibalizes finance to benefit the few with unlimited access to credit, leverage and monopoly. First you borrow vast sums at low rates of interest that are inaccessible to mere mortals, take a corporation private, indebt the company and use the funds to accumulate mountains of derivatives that leverage the debt 10-fold or even 100-fold, then take the corporation public again, goose the stock and then cash out all the leveraged gains.

The newly public company has been stripmined of core assets and burdened by debt. The financiers cannibalized the corporation to benefit themselves at the expense of everyone else with a stake in the business and the future viability of the enterprise.

This cannibalization is not restricted to the financial realm. True virtue–honesty, trustworthiness, the willingness to accept self-sacrifice for the greater good–has been reduced to ashes behind a glossy, fraudulent facade of virtue-signaling, a facade that masks the cannibalization of the system to benefit the self-congratulatory, hypocritical few at the expense of the many.

Health has also been cannibalized to maximize the private gains of the few at the expense of the many. If we define food as natural products high in nutritional content then very little of what’s being presented as “food” actually qualifies as food because its nutritional content is somewhere between abysmally low and non-existent.

Highly processed products are simulacra of food that hijack our hardwired pleasure responses to heavy concentrations of salt, sweets, fat and spice and crunchy/chewy mouthfeel. The nutritional content of these products is so low and the fat-salt-sugar content so high that they are severely damaging to health on multiple levels.

The unwary consumer who stuffs themselves with these simulacra of food (shall we call it “fud”?) feels full even as their body and brain are starved for real nutritional content and real-food fiber.

Everywhere we look, we find a massive cannibalization effort behind every phony facade, a cannibalization that hollows out the functionality and adaptability of core systems to benefit the few at the expense of the many.

Virtue-signaling isn’t virtue, cannibalized aircraft can’t fly, cannibalized enterprises are zombies awaiting incineration and those cannibalized by the “fud” and healthcare industries cannot become healthy because garbage in, garbage out.

As the word suggests, cannibalism won’t end well for those consumed by the infinitely insatiable few. It won’t even end well for the infinitely insatiable few because they’re consuming the last of their prey so voraciously.

In the meantime, enjoy the self-destructive charms of cannibalized functionality and value.

*  *  *

My new book is now available at a 10% discount this month: When You Can’t Go On: Burnout, Reckoning and Renewal. 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.

Tyler Durden
Thu, 09/01/2022 – 13:20

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ARK Innovation Fund Sees $803 Million In Outflows In August, The Most In A Year

ARK Innovation Fund Sees $803 Million In Outflows In August, The Most In A Year

Cathie Wood’s ARKK is once again taking on water. 

After a tough end to 2021 and an even worse start to 2022, the active manager’s flagship “innovation” fund had been treading water for the better part of the last month or two while the market rallied on hopes of lower inflation and/or a Fed pivot.

But now, with the market once again looking volatile after Fed commentary dispelled the myth that the Central Bankers are targeting a ‘soft landing’, the fund has seen its largest monthly outflows in a year.

According to Bloomberg today, ARKK saw $803 million in outflows in August and “saw daily inflows in only six days last month”. The report rightly notes that it marks a shift in sentiment surrounding Cathie Wood, as the fund still saw steady inflows despite its plunge late last year and early this year. 

Nate Geraci, president of The ETF Store, commented to Bloomberg: “Ultimately, performance is king. No matter how much conviction a manager has and how closely they stick to their beliefs, if the performance isn’t there, ultimately the outflows will follow.”

He said that some investors have seen the last month of steadying performance from the fund as a goof reason to get out. Meanwhile, the ARKK inverse ETF, the AXS Short Innovation Daily ETF (SARK), has seen its biggest monthly inflow since January. 

One 38 year old investor told Bloomberg that he was drawn into Wood’s fund by her discussion of “future innovations and how disruptive they would be and that these would be enormous profit-making opportunities”. He said he has since lost faith in her vision: “When I entered it, I strongly believed in the vision. Currently, not so much, and since my initial reason for it did not still apply, I realized I should just let it go.”

Recall, we profiled earlier this month that Cathie Wood had sold 1.4 million shares of Coinbase prior to its tie up with Blackrock, which sent shares soaring. 

Another 34 year old investor who has stayed with Wood’s fund lamented: “I did expect her stock selection and management to have been better than if I was buying single stocks. But at this point, I don’t know that that’s actually true.”

Tyler Durden
Thu, 09/01/2022 – 12:59

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Why Won’t the Biden Administration Join Gorsuch in Seeking To Overrule These Racist SCOTUS Precedents?


Supreme Court Justice Neil Gorsuch

Between 1901 and 1904, the U.S. Supreme Court decided a series of cases, collectively known as the Insular Cases, which asked whether the Constitution should fully apply to the residents of Puerto Rico and other territories recently acquired by the U.S. after its victory in the Spanish-American War. The Court held that the Constitution did not fully apply in those U.S.-held territories.

The Insular Cases have been severely criticized—then and now—for being the product of racist and imperialist thinking. The legal scholar Walter F. Pratt Jr., author of The Insular Cases: The Role of the Judiciary in American Expansionism, described the legal arguments involved as “largely racially motivated,” since the Court effectively held that “the people of the new territories were unfit to become citizens.”

A similar criticism of the Insular Cases was recently voiced by Justice Neil Gorsuch, who argued that “the Insular Cases have no foundation in the Constitution and rest instead on racial stereotypes. They deserve no place in our law.”

Gorsuch’s characterization is apt. Take the case Dorr v. United States (1904), which asked whether the constitutional right to trial by jury should exist in the Philippines. The Court said no, observing that “the uncivilized parts of the archipelago were wholly unfitted to exercise the right of trial by jury.”

In other words, it was racism and imperialism in the guise of a Supreme Court opinion.

Gorsuch also added his voice to those calling for the Insular Cases to be wiped off the books. “The time has come to recognize that the Insular Cases rest on a rotten foundation,” Gorsuch wrote. “And I hope the day comes soon when the Court squarely overrules them.”

Alas, the Department of Justice under President Joe Biden apparently sees things differently. As The Washington Post‘s Robert Barnes recently reported, “the Biden administration told the Supreme Court Monday that it should not take up a case [Fitisemanu v. United States] about citizenship rights for American Samoa even though advocates say it would give justices a chance to upend a series of century-old precedents that have been roundly denounced as racist.”

Unsurprisingly, the Biden administration’s stance has come under fire. “Advocates were disappointed that [Solicitor General Elizabeth] Prelogar asked the high court not to take the case,” the Post notes. “‘It is shocking that the Biden-Harris Administration and the Solicitor General continue to breathe life into the Insular Cases, which were grounded in a vision of white supremacy that has no place in our society, much less briefs filed by the U.S. Justice Department,’ said Neil Weare, president and founder of Equally American, which advocates for equal rights in U.S. territories.”

To say the least, Gorsuch has probably not been described as “woke” very often. But he sure seems more ready to act against systemic government racism in this case than the liberal Biden administration does.

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Border Patrol Agents: White House Press Secretary Is Either “Extremely Dumb Or Flat-Out Lying” About Migrant Crisis

Border Patrol Agents: White House Press Secretary Is Either “Extremely Dumb Or Flat-Out Lying” About Migrant Crisis

Authored by Steve Watson via Summit news,

Border Patrol agents have described White House Press Secretary Karine Jean-Pierre as “extremely dumb” following her claims earlier this week that migrants are not “walking across” the southern border.

As we highlighted, Jean-Pierre sparred with Fox News reporter Peter Doocy who asked her “Somebody unvaccinated comes over on a plane, you say that’s not okay. Somebody walks into Texas or Arizona unvaccinated, they’re allowed to stay?”

The Press Secretary asserted that “That’s not how it works. It’s not like someone walks over,” to which Doocy shot back “That’s exactly what is happening! Thousands of people are walking in a day.”

The back and forth between the two continued Wednesday as Doocy pointed out that there is a Fentanyl epidemic being fuelled by illegal border crossings:

Fox News reports that Border Patrol agents responded to Jean-Pierre’s comments with disbelief.

“How out of touch can this administration possibly be?” one agent said adding, “Well, I guess this is a new level.”

“There’s only two reasons she said that, and that is either she is extremely dumb or she is flat-out lying and hopes America is so stupid we would believe her,” another agent commented.

The agent continued, “18 USC 1001 says it is a federal crime to knowingly make false statements to the U.S. government. Too bad the government is not held to the same standard as the citizenry, and that is assuming [Jean-Pierre] is not dumb but just a liar.”

Another agent told the network “She is absolutely ignorant to the reality of all the documented footage or just continuing [Homeland Security Secretary Alejandro] Mayorkas’ delusional lie,” adding that “This administration must believe that the American people are fools like their mainstream media comrades.”

“Has [Jean-Pierre] ever visited the actual border to see for herself what is happening? Nope,” another agent proclaimed.

National Border Patrol Council president Brandon Judd urged that “I watch these people walk across the border every single day. We see it. It’s disgusting what we’re seeing. And she knows exactly what’s happening. But she’s deflecting. She’s lying. She knows that the mainstream media isn’t going to cover this issue.”

Judd continued, “They don’t care that hundreds of thousands of people are dying because of drug overdoses because of these illegal immigrants that are coming across the borders illegally, that the cartels then create the opportunities. They don’t care what is currently happening. They know that it’s not hurting them. So, they’re going to continue to lie to the American public.”

The Border Patrol are being told to literally unlock gates for illegal immigrants to walk into the country and get bussed to cities like New York.

According to data from Customs and Border Protection, more than two million people have attempted to cross the border in the 2022 fiscal year so far.

That figure equates to a 22 year high.

Raul Ortiz, The Head of The U.S. Border Patrol has also testified under oath that he believes the Biden administration’s policy of “no consequences” for illegal immigrants trying to enter the country has made the border less safe, caused an exponential increase in people attempting to cross, and has directly caused what he believes constitutes a “crisis”.

*  *  *

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Tyler Durden
Thu, 09/01/2022 – 12:43

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Russian Oil Oligarch Who Criticized Ukraine War ‘Falls’ Out Of Hospital Window To His Death

Russian Oil Oligarch Who Criticized Ukraine War ‘Falls’ Out Of Hospital Window To His Death

Ravil Maganov, the vice president and chair of the board of directors of Russian oil giant Lukoil, died after falling out of a sixth floor hospital window in Moscow on Thursday, state-controlled media reported. 

Maganov was in Moscow’s Central Clinical Hospital – reportedly a top-notch medical facility that serves senior Russian officials and other elite clients – when he “fell out of the window” and died from his injuries, an unnamed “informed source” told Russian news agency Interfax.

The state news agency RIA Novosti followed up with confirmation from a representative of the presidential administration, which manages the hospital campus. A law enforcement source told the outlet that the death was likely a suicide

Maganov’s death comes hours after the US Justice Department announced a warrant to seize a $45 million Boeing aircraft belonging to Lukoil. 

Perhaps most notably, Maganov’s death comes almost six months to the day after Lukoil released a statement expressing “deepest concerns” about Putin’s war in Ukraine

Falling short of naming it as an invasion – which is outlawed in Russia – the statement was nonetheless a striking departure from the Kremlin’s messaging. 

Lukoil confirmed Maganov’s death, stating that it came “after a lengthy serious illness,” and there is speculation that the 67-year-old may have taken his own life after receiving bad news about his condition.

However, as Insider notes, Maganov’s death is the latest in a string of unexplained or untimely deaths of Russian magnates connected to the energy industry in the last months.  

Tyler Durden
Thu, 09/01/2022 – 12:21

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Memo To Wall Street: The Monetary Cavalry Ain’t Coming

Memo To Wall Street: The Monetary Cavalry Ain’t Coming

Via Global Macro Monitor,

For the past 25 years, markets have depended on central banks to bail them out because of the delusion that “inflation had been vanquished to the dustbin of history.”

Even after the Jay Powell smackdown, we still hear talk of a “pivot,” “close to neutral,” “imminent recession,”  “the lows are in,” blah, blah, blah. 

It is getting close to bonus conversation time, ya’ know.

Inflation is still and will continue to run several laps ahead of the Fed for some time.

There is way too much money – loosely undefined – in the global monetary system.

We are still not confident the Fed has the backbone to back up its tough talk, and may God help the ECB.

Steven Roach gets it. 

The real Fed Funds rate needs to move “10 percent higher from its lows,” which would be through a combination of lower inflation and higher nominal rates.

Go to 1:50 into the video to get the upshot. 

Tyler Durden
Thu, 09/01/2022 – 12:05

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Co-Founder Of Hedge Fund Backed By Soros Arrested For FX Manipulation

Co-Founder Of Hedge Fund Backed By Soros Arrested For FX Manipulation

30 years ago, George Soros made $1 billion on a FX trade that many said then smacked of manipulation and the Hungarian was lucky to avoid arrest. Today, his protege was not so lucky.

Neil Phillips, the co-founder and CIO of UK-based hedge fund Glen Point Capital was charged with scheming to manipulate the FX market, the DOJ revealed in an unsealed indictment this morning. The 52-year-old was arrested in Spain on a request from the US earlier this week; he was charged with conspiring to manipulate the US dollar-South African rand (USD/ZAR) exchange rate during thin volume trading on Christmas Day 2017 to trigger a $20 million payment under a barrier options contract.

Glen Point had about $1.5 billion in capital at the start of the year and was originally started by former BlueBay fund managers Jonathan Fayman and Phillips, who ran a $1.4 billion macro hedge fund at BlueBay from 2009 to 2014. The fund was seeking to sell itself to hedge fund Eisler Capital – run by former co-head of Goldman’s global securities unit Ed Eisler – as recently as March, but the deal fell apart “due to disagreement over the level of risk Glen Point’s fund could take“.  The two London-based firms started in 2015 and trace their roots back to macro trading. Eisler has been expanding into other strategies in a bid to compete with industry giants such as Millennium Management and Citadel for capital and talent.

Glen Point received its seed capital from billionaire George Soros, an famous FX and macro trader himself, who is one of the fund’s original backers.

According to prosecutors, Phillips bought a digital option for the USD/ZAR currency pair in late October 2017 that was set to expire on Jan. 2, 2018. The option had a notional value of $20 million and a barrier rate of 12.50 ZAR to USD, and entitled the fund to a $20 million payment if the rate went below 12.50 before the expiration date.

With the option set to expire, Phillips began making spot trades in an effort to push the exchange rate lower late on Christmas Day, while directing a Singapore-based employee of an unidentified bank to sell $725 million in exchange for more than 9 million in South African rand, according to prosecutors. That pushed the exchange rate below the trigger, allowing Phillips to collect more than $15.6 million from the deal, according to the statement.

More details from the DOJ statement:

Damian Williams, the United States Attorney for the Southern District of New York, and Michael J. Driscoll, the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced the unsealing of an Indictment charging NEIL PHILLIPS, the co-founder and chief investment officer of a hedge fund based in the United Kingdom, with conspiracy to commit commodities fraud, conspiracy to commit wire fraud, commodities fraud, and wire fraud in connection with a scheme to artificially manipulate the United States dollar (“USD”) / South African rand (“ZAR”) exchange rate to fraudulently trigger a $20 million payment under a barrier options contract.  PHILLIPS was arrested in Spain earlier this week at the request of the United States.

U.S. Attorney Damian Williams said:  “As alleged, Neil Phillips – the co-founder and chief investment officer of a prominent U.K. hedge fund – manipulated the FX market in order to unlawfully obtain millions of dollars in payments for his hedge fund under an options contract.  Market manipulation is pernicious in all of its forms and today’s charges are a reminder that the Southern District of New York will steadfastly investigate and prosecute such activity whether it occurs in the equity market, the FX market, or elsewhere in the financial system.”

FBI Assistant Director Michael J. Driscoll said:  “As alleged, Mr. Phillips maliciously manipulated global markets in order to defraud financial institutions for illicit profit.  The FBI is determined to root out these types of frauds so financial markets remain a level playing field.  As shown today, the FBI will find fraudulent actors no matter where in the world they are located and seek to bring them back to the United States to face the consequences of their actions in our federal criminal justice system.”

The full indictment is here.

Tyler Durden
Thu, 09/01/2022 – 11:45

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Why Won’t the Biden Administration Join Gorsuch in Seeking To Overrule These Racist SCOTUS Precedents?


Supreme Court Justice Neil Gorsuch

Between 1901 and 1904, the U.S. Supreme Court decided a series of cases, collectively known as the Insular Cases, which asked whether the Constitution should fully apply to the residents of Puerto Rico and other territories recently acquired by the U.S. after its victory in the Spanish-American War. The Court held that the Constitution did not fully apply in those U.S.-held territories.

The Insular Cases have been severely criticized—then and now—for being the product of racist and imperialist thinking. The legal scholar Walter F. Pratt Jr., author of The Insular Cases: The Role of the Judiciary in American Expansionism, described the legal arguments involved as “largely racially motivated,” since the Court effectively held that “the people of the new territories were unfit to become citizens.”

A similar criticism of the Insular Cases was recently voiced by Justice Neil Gorsuch, who argued that “the Insular Cases have no foundation in the Constitution and rest instead on racial stereotypes. They deserve no place in our law.”

Gorsuch’s characterization is apt. Take the case Dorr v. United States (1904), which asked whether the constitutional right to trial by jury should exist in the Philippines. The Court said no, observing that “the uncivilized parts of the archipelago were wholly unfitted to exercise the right of trial by jury.”

In other words, it was racism and imperialism in the guise of a Supreme Court opinion.

Gorsuch also added his voice to those calling for the Insular Cases to be wiped off the books. “The time has come to recognize that the Insular Cases rest on a rotten foundation,” Gorsuch wrote. “And I hope the day comes soon when the Court squarely overrules them.”

Alas, the Department of Justice under President Joe Biden apparently sees things differently. As The Washington Post‘s Robert Barnes recently reported, “the Biden administration told the Supreme Court Monday that it should not take up a case [Fitisemanu v. United States] about citizenship rights for American Samoa even though advocates say it would give justices a chance to upend a series of century-old precedents that have been roundly denounced as racist.”

Unsurprisingly, the Biden administration’s stance has come under fire. “Advocates were disappointed that [Solicitor General Elizabeth] Prelogar asked the high court not to take the case,” the Post notes. “‘It is shocking that the Biden-Harris Administration and the Solicitor General continue to breathe life into the Insular Cases, which were grounded in a vision of white supremacy that has no place in our society, much less briefs filed by the U.S. Justice Department,’ said Neil Weare, president and founder of Equally American, which advocates for equal rights in U.S. territories.”

To say the least, Gorsuch has probably not been described as “woke” very often. But he sure seems more ready to act against systemic government racism in this case than the liberal Biden administration does.

The post Why Won't the Biden Administration Join Gorsuch in Seeking To Overrule These Racist SCOTUS Precedents? appeared first on Reason.com.

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