Pfizer CEO Bails On EU Testimony After Report Highlights ‘Secretive’ Vaccine Deal

Pfizer CEO Bails On EU Testimony After Report Highlights ‘Secretive’ Vaccine Deal

Pfizer CEO Albert Bourla has bailed on an appointment to testify before the European Parliament’s special committee, where he was expected to face tough questions over secretive vaccine deals, Politico reports.

Albert Bourla, the Pfizer chief executive, during a visit last week, at a Pfizer factory in Belgium.Credit…Pool photo by John Thys

Bourla was scheduled to appear before the panel on Oct. 10, alongside key officials involved in the EUs vaccine procurement process, in order to discuss how to respond to future pandemics. According to the report, “Other pharmaceutical executives have addressed the committee, including the CEO of Moderna and senior officials from AstraZeneca and Sanofi.”

Bourla? Not so much.

The committee’s chair, Belgian MEP Kathleen Van Brempt, told POLITICO she “deeply regrets” the decision taken by Pfizer.

After a visit to BioNTech’s headquarters last week, Van Brempt had said in a written statement that she looked forward to discussions “with other CEOs” including “Mr. Albert Bourla, the CEO of Pfizer” on October 10. -Politico

In early September, an audit repirt into the EU’s vaccine procurement strategy raised questions over Bourla’s relationship with European Commission President Ursula von der Leyen before they struck a multibillion-euro vaccine deal.

The report, by the European Court of Auditors, found that von der Leyen had been directly involved in preliminary negotiations for the EU’s biggest vaccine contract, for up to 1.8 billion doses of the BioNTech/Pfizer vaccine, which was concluded in May 2021. This was a departure from the negotiating procedure followed with other contracts, where a joint negotiating team made up of officials from the Commission and member countries conducted exploratory talks. -Politico

In April, von der Leyen admitted that she had been texting with Bourla for a month straight while they were negotiating the massive contract. Two months later, the texts disappeared, triggering accusations of maladministration by the EU’s ombudsman, Emily O’Reilly,” Reuters reported at the time.

Ursula von der Leyen, the president of the European Commission, in Brussels, on Sunday.Credit…Ksenia Kuleshova for The New York Times

Bourla and von der Leyen’s cozy relationship was noted last year by the NYT, which Bourla told they had “developed a deep trust, because we got into deep discussions.”

“She knew details about the variants, she knew details about everything. So that made the discussion, way more engaged.”

And now Bourla won’t have to answer questions about it.

Tyler Durden
Sat, 10/01/2022 – 15:00

via ZeroHedge News https://ift.tt/NkFZcnp Tyler Durden

“Dangerously Low” Mississippi River Level May Spark Transport Chaos For Farm Goods During Harvest

“Dangerously Low” Mississippi River Level May Spark Transport Chaos For Farm Goods During Harvest

A drought is drying up parts of the Mississippi River, a major export channel for corn and soybeans. Barges cannot haul farm goods at full capacity because of shrinking water levels, sparking a vessel shortage that has sent transport prices to record highs. It’s another headache for the American farmer this harvest season.

Bloomberg reported the crucial US water artery for the Midwest economy is experiencing critically low levels at some points due to the lack of rain. Lower water levels mean barges reduce cargo loads to improve draft, so it takes more vessels to haul farm goods which have caused a vessel shortage on the waterway. 

Barge rates this past week jumped to$49.88 per ton, the highest on record and up 50% from a year ago. 

The waterway is responsible for at least half of the US corn and soybean exports. The shrinking water level, barge shortage, and skyrocketing shipping costs are terrible for farmers during harvest season. 

While barge scarcity and rate spikes could be “detrimental” to growers, “I’m not sure there’s much we can do about it,” Matt Ziegler, public policy manager at the National Corn Growers Association, said. 

“The tight barge supply is problematic for grain shippers heading into harvest,” the US Department of Agriculture wrote in a weekly ag report. It said soaring demand for barges during harvest time “will likely put even more upward pressure on barge rates.”

Another supply chain issue and soaring transport costs will only add to food inflation. There’s no word (yet) if shipment disruptions exist because this could exacerbate the global food crisis. The world has been closely observing the North American growing season to restock food reserves after Russia invaded Ukraine, disrupting international trade flows. 

Tyler Durden
Sat, 10/01/2022 – 14:00

via ZeroHedge News https://ift.tt/fLODCEy Tyler Durden

Why Bonds Are Behaving Like Risky Assets

Why Bonds Are Behaving Like Risky Assets

Authored by MN Gordon via EconomicPrism.com,

“When the [credit] delusion breaks, people all with one impulse hoard their money, banks all with one impulse hoard credit, and debt becomes debt again, as it always was.  Credit is ruined.”

– Garet Garrett, 1932, A Bubble that Broke the World

Down, Down, Down

Third quarter 2022 ended yesterday [Friday].  We’re entering the year’s home stretch.  Thus, we’ll take a moment to observe where money and markets have been, so we can conjecture as to where they’re going.

To begin, United States stock markets are in an epic battle between bulls and bears.  For most of the year, the bears have been delivering heavy blows.  But the bulls have not taken their punches lying down.  Here’s a quick review of the three major U.S. Indexes…

After peaking out on January 4, 2022, at 4,814.62 the S&P 500 declined 24.46 percent to an interim bottom of 3,636.87 on June 17, 2022.  The DJIA fell approximately 19.71 percent over this time.

The NASDAQ’s decline commenced on November 22, 2021, at a peak of 16,212.23.  It then cascaded to an interim bottom of 10,565.14 on June 16, 2022, for a top to bottom decline of 34.83 percent.

The indexes then rallied into mid-August.  Many investors thought the bear market was over.  They invested accordingly.  But, alas, it was merely a sucker’s rally.  September was ugly.

The S&P 500 hit an interim closing high of 4,305.22 on August 16.  Since then, it has dropped 15.44 percent.  On the same day, the DJIA reached on interim closing high of 34,152.01.  From there, it has fallen 14.42 percent.

As for the NASDAQ.  The technology index closed at an interim high of 13,128.05 on August 15.  Since then, it has fallen 18.21 percent.

Yet the weeping and gnashing of teeth has only just begun.  The big market boost that came on Wednesday following the Bank of England’s announcement that it would intervene in its government bond market to combat rising interest rates could not overcome the trend.

The stock market is headed down, down, down.

Sucker’s Rally

Again, the first three quarters of the 2022 calendar year conclude today.  We’re writing after Thursday’s market close.  So, the following figures are one day short of being the full three quarters.  Nonetheless, let’s see where things stand.

Year-to-date, the S&P 500’s down 24.10 percent, the DJIA’s down 20.12 percent, and the NASDAQ’s down 32.18 percent.  These declines are heinous.  But there’s still much further to fall.  Here’s why…

The eight bear markets on the S&P 500 since 1973 have lasted 13.7 months from top to bottom on average. 

Market losses from these bear markets have averaged 38 percent.

The 1973 bear market lasted 21 months with a total decline of 48 percent.  Of note, it took an agonizing 69 months to reach new highs.

The 2000-03 bear market, following the dot com bubble, lasted 31 months and had a total decline of 49 percent.  It then took 31 months to reach a new high.

The 2007-09 bear market lasted 17 months and resulted in a 57 percent decline.  Then it took 40 months to reach new highs.

For comparison, this bear market, up to this point, has just entered its 10th month.  The S&P 500 has only declined just over 24 percent.  It may not even be halfway to its bear market bottom.

By this, it is highly unlikely the bear market is over.  The sucker’s rally from mid-June to mid-August has exhausted itself.  Considering the various durations of bear markets since 1973, we could be in for another year – or two – of declining stocks before this is over.

Moreover, this bear market – unlike past bear markets – is accompanied by something special…

Double Whammy

What makes this bear market exceedingly painful for the average investor is the fact that Treasury notes are accompanying stocks in their decline.  This means the conventional 60/40 stock to bond portfolio allocation is failing to buffer against stock market losses. 

As clarification, bond prices have an inverse relationship to bond yields.

Bonds, at this time, are positively correlated to stocks.  This is not something most investors have experienced in living memory.  Now they’re getting their backsides handed to them.

Investment advisors and pension consultants have long advocated diversification: own stocks, bonds and real estate.  Some also recommend holding a little cash and maybe a few exotic assets like art, collectibles, and even cryptocurrencies.

Very few investment advisors recommend holding gold.  For gold implies a lack of trust in the world financial system.  This is one of many reasons to own some.

The standard 60/40 stock to bond approach to diversification has worked well during past bear markets over the last 45 years.  Non-correlated bond positions have typically cushioned the losses from stocks.

For example, when the S&P 500 crashed 37 percent in 2008, bonds (based on the Bloomberg Aggregate Bond Index) rose 5.2 percent.  Thus a 60/40 stock to bond portfolio fell just 20.12 percent.

And when the S&P 500 fell 22.1 percent in 2002, bonds increased 10.3 percent.  The 60/40 portfolio was down just 9.14 percent

Year-to-date, the S&P 500 is down 24.10 percent.  However, bonds are also down 14.77 percent.  Hence, the conventional 60/40 portfolio is down 20.37 percent.  So much for diversification.

What gives?

Why Bonds Are Behaving Like Risky Assets

Since 1976, there have been eight years in which the S&P 500 declined.  Bonds softened the stock market losses every time.  When stocks went down, bonds went up.  Since 1987, Alan Greenspan, and the Greenspan put, made sure of it.

Yet, this time is different. 

Over the first nine months of 2022, bonds and stocks have fallen in tandem.  And as stocks have fallen, Fed Chair Powell has hiked interest rates.

What’s more, Treasury bonds, the supposed ultimate risk-free asset, have proven to be nothing of the sort.  In fact, Treasuries have gotten hammered.

The iShares 7-10 Year Treasury Bond ETF (IEF) is down 17.69 percent year to date.  This is at the same time as year to date losses of 24.10 percent on the S&P 500.  This is not your run of the mill bear market.

Adding to the destruction of paper wealth is the loss of purchasing power due to price inflation.  A hypothetical 60/40 portfolio (based on the S&P 500 and the iShares 7-10 Year Treasury Bond ETF) has lost 21.54 percent in nominal terms over the first nine months of 2022.  Factor in inflation, as measured by the consumer price index, of 8.3 percent annualized, and investors are facing real, inflation adjusted, losses of 29.84 percent.

Here, in summary, is what’s going on …

Bond yields were artificially suppressed to nearly nothing by the heavy hands of central planners. 

Borrowers (including government borrowers) were suckered into taking on insane levels of debt. 

Then, as inflation raged, the Fed moved to the rug yank phase of its operation, and hiked rates.

Because of all this extreme market intervention, those “conservative” bonds are now behaving like risky assets.  They’ve become highly correlated with the stock allocations in a standard portfolio.

Did your financial advisor bother to explain this to you?  What else did he not tell you?

*  *  *

Editor’s note: Conventional approaches have set American investors up for slaughter.  That’s why now, more than ever, unconventional investing ideas are needed.  Discover how to protect your wealth and financial privacy, using the Financial First Aid Kit.

Tyler Durden
Sat, 10/01/2022 – 13:30

via ZeroHedge News https://ift.tt/SEpqBF8 Tyler Durden

Writing About People Who Don’t Want to Be Written About

The discussion on the Doe v. Volokh threat struck me as quite interesting, and I was particularly intrigued by some commenters taking the view that, while I have the legal right to write about Doe, I shouldn’t, because she’s asked me not to. Here’s one comment that I think captures this view particularly well:

So this woman contacts you and asks you to stop writing about her, and to remove your prior writings about her. You respond that you have a legal right to to write about her. She files suit against you, you prevail, and then you write about the whole affair, thus adding to your public writings on the woman who initially sought to have you not write about her.

You’re such a classy person.

I don’t think that’s the right approach, but I think it’s an important and difficult question, and one that is routinely faced by people who write about court cases, including newspaper reporters, magazine writers, academics, and bloggers. “Be classy” or “be kind” can’t really capture the right analysis, I think, perhaps because news reporting (which I use broadly to cover also opinion and analysis related to news, litigation, and the like) is inherently an unkind phenomenon—or perhaps, in aiming to be good to people seeking information, it may necessarily be unkind to people seeking to conceal information. Still, it bears some deeper discussion.

The problem is that, for many court cases, one or both parties would very much prefer not to have the case be discussed. (I set aside the separate point that the case should be discussed accurately; I surely have no quarrel with that.) To give just the most obvious examples,

  • Criminal defendants would usually prefer not to have the allegations against them (whether true, false, or, as is often the case, a mix) publicized.
  • Civil defendants would often take the same view, for instance if they’re accused of malpractice or embezzlement or assault (sexual or otherwise) or a wide range of other offenses.
  • Libel plaintiffs would often not want to have the allegedly libelous statements about them further publicized.
  • Other plaintiffs (e.g., ex-employees) would often not want the defendants’ responses (“I fired him not because of his race, as he alleges, but because he was sexually harassing coworkers”) publicized in association with the plaintiff’s name.
  • Still other plaintiffs (again, such as ex-employees) would often not want future employers to know that they had sued someone, since they think many employers prefer not to hire litigious workers.

Often the concerns are about reputation and future employment prospects. But sometimes people might be worried that coverage of accusations against them (e.g., that they had raped someone, or that they had falsely accused someone, or that they had defrauded someone) might lead to harassing phone calls or e-mail, to threats, to vandalism, or even to physical attacks. Indeed, these risks are probably higher for mainstream newspaper articles than for blog posts (or certainly than for law review articles), just because such articles tend to have a higher readership.

What should a reporter, or a blogger, or an academic make of all this?

[1.] One possibility is to take the view that parties’ names should be included only if it’s “necessary.” But in most situations, it’s not actually strictly necessary to include the parties’ names: We could just replace everyone’s names with pseudonyms in our stories (even if the underlying cases aren’t pseudonymized).

Yet that’s not how newspapers do this, and I don’t think there’s any reason that bloggers or law review article authors should do it, either. Such pseudonymization would probably make our articles come across as somewhat less trustworthy. And beyond that, I think that many reporters and the like take the view that it’s good for readers to know the names of people involved in various controversies. True, a few readers might misuse that information even in criminal ways. Still more readers might overreact to what are often just allegations (e.g., by shunning or not dealing with people just because of the accusations). But other readers may take this information into account in a reasonable and thoughtful way, and newspapers and blogs try to convey the truth to those readers.

Moreover, court cases in the U.S. are generally captioned using the parties’ real last names. If I’m writing an analysis of Smithski v. Jonesovich, people who are interested in that case will generally search for those particular names. If I omit the name of the case, or omit the parties’ names from the discussion, my article or post won’t be found, and the information and insight (such as they are) in that article or post won’t be available to people interested in the case. I don’t think there’s any real obligation, as a matter of manners or morals and not just of law, to make the article thus unfindable by people who are interested in the case and searching for the case’s name.

Just to give an example drawn from the Doe v. Volokh litigation: Doe’s appeal of a decision that depseudonymized her (the decision that led to my writing about her in the first place) will soon be considered by the Tenth Circuit. I expect that the Tenth Circuit will affirm, and thus write a significant (and quite likely precedential) opinion on the law of pseudonymity, including Doe’s real name. (I’m an intervenor in that case, and did the bulk of the briefing as to why pseudonymity is indeed improper.) I plan on writing about that case, as I do about other important cases in the area. That writing would be much less effective and useful if it didn’t use the case name and thus Doe’s real name.

To be sure, this post and my earlier one don’t cite the relevant cases, precisely to avoid mentioning Doe’s real name. This is chiefly because I have a motion opposing pseudonymity pending in Doe v. Volokh, and I think that, out of respect for the judge’s ability to meaningfully decide that motion, I ought to err on the side of not including Doe’s real name in my posts while that motion is pending. (Note that I’m certainly not legally barred from including Doe’s real name in these posts; there is no gag order on me, nor for that matter any motion even authorizing Doe to proceed pseudonymously.)

But there are substantial costs to this decision, I think: It makes it harder for people interested in Doe’s other cases to find my post and read the analysis in it. And it makes the post less credible, because I talk only vaguely about Doe’s other cases (including the case that led to my writing about her and thus to her attempt to gag me) rather than actually citing and linking to them. I’m willing to accept these costs in the rare situation where I have a motion pending on the subject; but I think it would be bad to incur the costs in writing about Doe and those like her more generally.

[2.] Another possibility is to take the narrower view that the names should generally be removed when the person asks. That is consistent with some customs in ordinary life, but, for much the same reason as those given above, I don’t think this should apply to news/opinion/analysis coverage of litigation.

Moreover, in practice this may end up being not that much narrower a view. True, in my experience few people ask to have their names removed from blog posts (or, I expect, online newspaper articles), but I think that this is largely because they know that they’re likely to get a “no.” If it were accepted that simply asking to have your name removed would entitle you to have it removed (again, even just as a matter of morals or “class” rather than law), many more people would ask.

[3.] Still another possibility is to take down the names of litigants who say that they had gotten threatening messages (or other such reactions) based on the newspaper article, blog post, law review article, and the like. But I’m pretty skeptical about that. Part of the reason is that it’s often hard to know whether that sort of harassment is real, or just made up by someone who is actually just concerned about reputation and employability. As the Grey’s Anatomy writer hoax story reminds us, people sometimes lie about being victimized in various ways.

And surely it must be tempting: Here you are, the subject of a story about a criminal prosecution or a lawsuit. The story mentions (however accurately) allegations that you think are unfair or highly private or what have you. You think that the reason you aren’t finding a job is that prospective employers Google your name and see the story. (Maybe the real reason is that you aren’t that well-qualified, or you come across badly in interviews, but of course we’d all much prefer to focus less on that possibility.) You learn that a publisher has a custom of removing names from stories if the story has supposedly led to threatening messages. Many people—even otherwise decent people—would, I expect, fake a threatening text or voice-mail if that’s what it takes to (in their view) put their lives back together.

Plus beyond that, let’s think again about the newspaper article about an accusation that might indeed lead to such occasional threats. A local professional is accused of mistreating a vulnerable client. A local teacher is accused of being cruel to a student. Someone is accused of racist insults. And, for the clearest example, someone is sued alleging sexual assault or especially child molestation.

Would we take the view that the newspaper shouldn’t report the person’s name in a story about that criminal prosecution or civil lawsuit, because of the likelihood that some readers (however tiny a fraction of the tens or hundreds of thousands who will see the article) will misbehave based on that article? Maybe we should, but I’m hesitant to say so.

[4.] To be sure, I should note that many publications do have a policy of not naming alleged sexual assault victims, and in Doe v. Volokh, Doe claims in various lawsuits to have been sexually assaulted on various occasions. I too would normally not have published her name. But, though, in the case I wrote about, the Magistrate Judge at first allowed her to sue pseudonymously (over alleged libel by a defendant who had accused her of, among other things, falsely alleging rape), he then changed his mind (in the opinion that I wrote about), partly on the grounds that,

Plaintiff has filed numerous lawsuits, several of which involve circumstances similar to this case. In some she has been permitted to proceed anonymously; in others, she has not. Regardless, Defendant maintains that Plaintiff is a “vexatious litigant.” This goes directly to Plaintiff’s credibility, and Defendant should not be hampered in pursuing that defense. Nor should the public be prevented from reaching its own conclusions in this case.

The District Judge affirmed that decision; and my view is that, given the circumstances that the judges described (including, as the District Judge notes, plaintiff’s having tried to publicize some of her cases herself), members of the public should indeed have the information allowing them to draw inferences about Doe’s position in her various cases.

[5.] Another possibility might be to include parties’ last names, which again are needed to normally identify a typical American court cases, but not their first names. Indeed, there are times when I don’t include parties’ first names in discussing or quoting a case. But in this instance, I thought it important that my law review article include the litigant’s full name, because the last name seems fairly common; including the litigant’s full name is important to show the links between the litigant’s various cases. (Recall that my law review article was discussing, among other things, how pseudonymity interferes with tracking potentially vexatious litigants, and I needed to establish that this was indeed a serious concern as to this particular Jane Doe.)

[6.] Finally, I should acknowledge that, as with most ethical matters, there might not be hard and fast categorical rules here. Sometimes things might turn on my own judgment calls about the importance of a matter, the character of the people asking to have their names removed, the age of the post, and more. (For instance, my understanding is that some newspapers do remove from their archives stories about people’s old and minor criminal convictions, or sometimes make them harder to find via Google searches for the people’s names.) And of course that judgment may well be mistaken, and not entirely consistent from case to case.

Still, I thought it would be helpful to write up some general thoughts of mine on this subject, and see what others think about this.

The post Writing About People Who Don't Want to Be Written About appeared first on Reason.com.

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Writing About People Who Don’t Want to Be Written About

The discussion on the Doe v. Volokh threat struck me as quite interesting, and I was particularly intrigued by some commenters taking the view that, while I have the legal right to write about Doe, I shouldn’t, because she’s asked me not to. Here’s one comment that I think captures this view particularly well:

So this woman contacts you and asks you to stop writing about her, and to remove your prior writings about her. You respond that you have a legal right to to write about her. She files suit against you, you prevail, and then you write about the whole affair, thus adding to your public writings on the woman who initially sought to have you not write about her.

You’re such a classy person.

I don’t think that’s the right approach, but I think it’s an important and difficult question, and one that is routinely faced by people who write about court cases, including newspaper reporters, magazine writers, academics, and bloggers. “Be classy” or “be kind” can’t really capture the right analysis, I think, perhaps because news reporting (which I use broadly to cover also opinion and analysis related to news, litigation, and the like) is inherently an unkind phenomenon—or perhaps, in aiming to be good to people seeking information, it may necessarily be unkind to people seeking to conceal information. Still, it bears some deeper discussion.

The problem is that, for many court cases, one or both parties would very much prefer not to have the case be discussed. (I set aside the separate point that the case should be discussed accurately; I surely have no quarrel with that.) To give just the most obvious examples,

  • Criminal defendants would usually prefer not to have the allegations against them (whether true, false, or, as is often the case, a mix) publicized.
  • Civil defendants would often take the same view, for instance if they’re accused of malpractice or embezzlement or assault (sexual or otherwise) or a wide range of other offenses.
  • Libel plaintiffs would often not want to have the allegedly libelous statements about them further publicized.
  • Other plaintiffs (e.g., ex-employees) would often not want the defendants’ responses (“I fired him not because of his race, as he alleges, but because he was sexually harassing coworkers”) publicized in association with the plaintiff’s name.
  • Still other plaintiffs (again, such as ex-employees) would often not want future employers to know that they had sued someone, since they think many employers prefer not to hire litigious workers.

Often the concerns are about reputation and future employment prospects. But sometimes people might be worried that coverage of accusations against them (e.g., that they had raped someone, or that they had falsely accused someone, or that they had defrauded someone) might lead to harassing phone calls or e-mail, to threats, to vandalism, or even to physical attacks. Indeed, these risks are probably higher for mainstream newspaper articles than for blog posts (or certainly than for law review articles), just because such articles tend to have a higher readership.

What should a reporter, or a blogger, or an academic make of all this?

[1.] One possibility is to take the view that parties’ names should be included only if it’s “necessary.” But in most situations, it’s not actually strictly necessary to include the parties’ names: We could just replace everyone’s names with pseudonyms in our stories (even if the underlying cases aren’t pseudonymized).

Yet that’s not how newspapers do this, and I don’t think there’s any reason that bloggers or law review article authors should do it, either. Such pseudonymization would probably make our articles come across as somewhat less trustworthy. And beyond that, I think that many reporters and the like take the view that it’s good for readers to know the names of people involved in various controversies. True, a few readers might misuse that information even in criminal ways. Still more readers might overreact to what are often just allegations (e.g., by shunning or not dealing with people just because of the accusations). But other readers may take this information into account in a reasonable and thoughtful way, and newspapers and blogs try to convey the truth to those readers.

Moreover, court cases in the U.S. are generally captioned using the parties’ real last names. If I’m writing an analysis of Smithski v. Jonesovich, people who are interested in that case will generally search for those particular names. If I omit the name of the case, or omit the parties’ names from the discussion, my article or post won’t be found, and the information and insight (such as they are) in that article or post won’t be available to people interested in the case. I don’t think there’s any real obligation, as a matter of manners or morals and not just of law, to make the article thus unfindable by people who are interested in the case and searching for the case’s name.

Just to give an example drawn from the Doe v. Volokh litigation: Doe’s appeal of a decision that depseudonymized her (the decision that led to my writing about her in the first place) will soon be considered by the Tenth Circuit. I expect that the Tenth Circuit will affirm, and thus write a significant (and quite likely precedential) opinion on the law of pseudonymity, including Doe’s real name. (I’m an intervenor in that case, and did the bulk of the briefing as to why pseudonymity is indeed improper.) I plan on writing about that case, as I do about other important cases in the area. That writing would be much less effective and useful if it didn’t use the case name and thus Doe’s real name.

To be sure, this post and my earlier one don’t cite the relevant cases, precisely to avoid mentioning Doe’s real name. This is chiefly because I have a motion opposing pseudonymity pending in Doe v. Volokh, and I think that, out of respect for the judge’s ability to meaningfully decide that motion, I ought to err on the side of not including Doe’s real name in my posts while that motion is pending. (Note that I’m certainly not legally barred from including Doe’s real name in these posts; there is no gag order on me, nor for that matter any motion even authorizing Doe to proceed pseudonymously.)

But there are substantial costs to this decision, I think: It makes it harder for people interested in Doe’s other cases to find my post and read the analysis in it. And it makes the post less credible, because I talk only vaguely about Doe’s other cases (including the case that led to my writing about her and thus to her attempt to gag me) rather than actually citing and linking to them. I’m willing to accept these costs in the rare situation where I have a motion pending on the subject; but I think it would be bad to incur the costs in writing about Doe and those like her more generally.

[2.] Another possibility is to take the narrower view that the names should generally be removed when the person asks. That is consistent with some customs in ordinary life, but, for much the same reason as those given above, I don’t think this should apply to news/opinion/analysis coverage of litigation.

Moreover, in practice this may end up being not that much narrower a view. True, in my experience few people ask to have their names removed from blog posts (or, I expect, online newspaper articles), but I think that this is largely because they know that they’re likely to get a “no.” If it were accepted that simply asking to have your name removed would entitle you to have it removed (again, even just as a matter of morals or “class” rather than law), many more people would ask.

[3.] Still another possibility is to take down the names of litigants who say that they had gotten threatening messages (or other such reactions) based on the newspaper article, blog post, law review article, and the like. But I’m pretty skeptical about that. Part of the reason is that it’s often hard to know whether that sort of harassment is real, or just made up by someone who is actually just concerned about reputation and employability. As the Grey’s Anatomy writer hoax story reminds us, people sometimes lie about being victimized in various ways.

And surely it must be tempting: Here you are, the subject of a story about a criminal prosecution or a lawsuit. The story mentions (however accurately) allegations that you think are unfair or highly private or what have you. You think that the reason you aren’t finding a job is that prospective employers Google your name and see the story. (Maybe the real reason is that you aren’t that well-qualified, or you come across badly in interviews, but of course we’d all much prefer to focus less on that possibility.) You learn that a publisher has a custom of removing names from stories if the story has supposedly led to threatening messages. Many people—even otherwise decent people—would, I expect, fake a threatening text or voice-mail if that’s what it takes to (in their view) put their lives back together.

Plus beyond that, let’s think again about the newspaper article about an accusation that might indeed lead to such occasional threats. A local professional is accused of mistreating a vulnerable client. A local teacher is accused of being cruel to a student. Someone is accused of racist insults. And, for the clearest example, someone is sued alleging sexual assault or especially child molestation.

Would we take the view that the newspaper shouldn’t report the person’s name in a story about that criminal prosecution or civil lawsuit, because of the likelihood that some readers (however tiny a fraction of the tens or hundreds of thousands who will see the article) will misbehave based on that article? Maybe we should, but I’m hesitant to say so.

[4.] To be sure, I should note that many publications do have a policy of not naming alleged sexual assault victims, and in Doe v. Volokh, Doe claims in various lawsuits to have been sexually assaulted on various occasions. I too would normally not have published her name. But, though, in the case I wrote about, the Magistrate Judge at first allowed her to sue pseudonymously (over alleged libel by a defendant who had accused her of, among other things, falsely alleging rape), he then changed his mind (in the opinion that I wrote about), partly on the grounds that,

Plaintiff has filed numerous lawsuits, several of which involve circumstances similar to this case. In some she has been permitted to proceed anonymously; in others, she has not. Regardless, Defendant maintains that Plaintiff is a “vexatious litigant.” This goes directly to Plaintiff’s credibility, and Defendant should not be hampered in pursuing that defense. Nor should the public be prevented from reaching its own conclusions in this case.

The District Judge affirmed that decision; and my view is that, given the circumstances that the judges described (including, as the District Judge notes, plaintiff’s having tried to publicize some of her cases herself), members of the public should indeed have the information allowing them to draw inferences about Doe’s position in her various cases.

[5.] Another possibility might be to include parties’ last names, which again are needed to normally identify a typical American court cases, but not their first names. Indeed, there are times when I don’t include parties’ first names in discussing or quoting a case. But in this instance, I thought it important that my law review article include the litigant’s full name, because the last name seems fairly common; including the litigant’s full name is important to show the links between the litigant’s various cases. (Recall that my law review article was discussing, among other things, how pseudonymity interferes with tracking potentially vexatious litigants, and I needed to establish that this was indeed a serious concern as to this particular Jane Doe.)

[6.] Finally, I should acknowledge that, as with most ethical matters, there might not be hard and fast categorical rules here. Sometimes things might turn on my own judgment calls about the importance of a matter, the character of the people asking to have their names removed, the age of the post, and more. (For instance, my understanding is that some newspapers do remove from their archives stories about people’s old and minor criminal convictions, or sometimes make them harder to find via Google searches for the people’s names.) And of course that judgment may well be mistaken, and not entirely consistent from case to case.

Still, I thought it would be helpful to write up some general thoughts of mine on this subject, and see what others think about this.

The post Writing About People Who Don't Want to Be Written About appeared first on Reason.com.

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California City Holding ‘Groceries For Guns’ Drop-Off Event

California City Holding ‘Groceries For Guns’ Drop-Off Event

The California coastal community of San Luis Obispo has allocated $12,000 for a ‘Guns for Groceries’ drop-off event, in which Californians who drop off ‘assault rifles’ will receive a $200 grocery store gift card, while handguns, other rifles and shotguns will be worth $100 each.

Those turning in non-operating guns will receive $50.

The event is scheduled for Saturday, Oct. 1 from 9am – 1pm.

The event is designed to clear the streets of unwanted guns that are not in use and inherited firearms that residents would like to discard but don’t know where or how to do so.

Gun enthusiasts initially perceived the event as a gun grab until San Luis Obispo Police Captain Fred Mickel explained the program is not targeting responsible gun owners. –Epoch Times

The event comes at state Attorney General Rob Bonta comes under fire for asking major credit card companies to slap codes on purchases from gun stores in order to track who’s buying what.

Fortunately for gun owners who wish to remain anonymous, the Guns for Groceries event is no-questions asked, and drivers will remain anonymous when they drive up to drop off the guns (no word on whether they – or some other agency – will run plates, of course).

Firearms turned in must be unloaded and packed in the trunks of vehicles upon arrival. Ammo will not be accepted, according to Captain Mickel – who has run similar programs in Petaluma, Sacramento, and Los Angeles County, and told the Epoch Times that there is no political agenda underlying the program.

The collected guns will be destroyed (totally).

Tyler Durden
Sat, 10/01/2022 – 13:00

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‘The Crisis Is Upon Us’ – Macleod Warns ‘We Have Never Seen Anything Like This’

‘The Crisis Is Upon Us’ – Macleod Warns ‘We Have Never Seen Anything Like This’

Authored by Aladair Macleod via GoldMoney.com,

Gold has never been more attractive…

In our lifetimes, we have not seen anything like the developing economic and financial crisis. Rising interest rates are way, way behind reflecting where they should be.

Interest rates have yet to discount the continuing loss of purchasing power in all major currencies. The theory of time preference suggests that central bank interest rates should be multiples higher, to compensate for the current loss of currency purchasing power, enhanced counterparty risk, and a rapidly deteriorating economic and monetary outlook.

There is no doubt that the majority of investors are not even aware of the true scale of danger that interest rates pose to their financial assets. Some wealthier, more prescient investors are only in the early stages of beginning to worry. But if you liquidate your portfolio, you end up with depreciating cash paying insufficient interest. What can you do to escape the fiat currency trap?

This article argues that having everything in fiat currencies is the problem. The solution is a flight into real money, that is only physical gold — the rest is rapidly depreciating fiat credit. Owning real money is the only way to escape the calamity that is engulfing our current economic, financial, and fiat currency world. 

Avoiding risk to one’s capital

From conversations with family and friends, one detects an uneasy awareness of increasing risk to investments. There are two broad camps. The first and the majority are only aware that interest rates are rising, and their stocks and shares are falling in value but fail to make the connection fully. The second camp is beginning to worry that there’s something very seriously wrong.

Investors in the first camp have usually delegated investment decisions to financial advisers, and through them to portfolio managers of mutual funds. They have taken comfort in leaving investment decisions to the experts, and besides the odd hiccup, have been rewarded with reasonably consistent gains, certainly since the early noughties, and in many cases before. They trust their advisers. Meanwhile, their advisers are rewarded by the volume of assets under their management or by fees.

Both methods of reward ensure that the vast majority of professional managers and advisers are perennially bullish, further justified by that long-term bullish trend. 

This leaves the majority of investors being led into believing that falling financial asset values represent a buying opportunity. After all, their experience for some time has been that it is wrong to sell when markets fall, because they have always recovered and gone higher. And this is the approach promoted by the majority of professional financial service providers because they are always bullish.

The other far smaller camp is comprised of those who think more for themselves. They are beginning to make a connection between rising interest rates and falling markets but are badly underestimating the extent to which interest rates should rise. 

This camp knows that the sensible thing to do when interest rates rise materially is to sell financial assets. They know that investing in physical property, tangible assets, is equally dangerous because at the margin prices are set by mortgage interest rates which are now rising. But they equally find that just sitting on cash is an unattractive proposition, with consumer prices rising and chipping away at its purchasing power. So, what is to be done?

Just leaving it in the bank pays derisory interest. And besides, the proceeds of liquidated portfolios usually exceed government deposit guarantees, which means taking onboard the risk that banks might fail. There are things that can be done, such as investing in short term government bonds as a temporary solution, and perhaps buying some inflation-linked government bonds (TIPS). Other than investing in TIPS, the loss of purchasing power problem remains unresolved. And increasingly, these savvy investors are now waking up to currency risk, particularly if they are British, European, or Japanese. The cost of investment safety in nearly all currencies is rising relative to the dollar.

I tell these people that the problem is simple: they have all their eggs in a fiat currency basket. The black and white solution is to get out of fiat by selling financial assets and the fiat cash raised by hoarding real money, that is physical gold in bar and coin form. The argument usually falls on deaf ears, because people only understood the monetary role of gold before the Second World War. That generation has mainly passed away. Why gold is so important has to be explained all over again to a sceptical audience.

We then meet two further barriers raised by the sceptics: gold yields nothing, when investors have been used to receiving dividends and interest. And if gold is the answer, why is it performing so badly? These questions will be addressed.

But all is at stake. Driven by interest rates rising even more and as the bear market continues, investors relying on investment managers and financial advisers will lose nearly everything. 

A seventies redux

Global economic conditions today are strikingly similar to UK financial markets in late-1972 and early 1973. Previously, in the autumn of 1970 the new Chancellor of the Exchequer, Tony Barber, had come under pressure from Prime Minister Edward Heath to stimulate Britain’s economy by running an inflationary budget deficit, combined with a deliberate suppression of interest rates from 7% to 5%. Heath was a Keynesian disciple. And in those days, the Bank of England was under the direct command of Heath’s government, its so-called independence only arriving far later. 

The rate of price inflation rose slightly from 6.4% in 1970 to 7.1% in 1972. The inflationary consequences of the Barber boom and the reduction of interest rates to negative real values were beginning to bite. Meanwhile, investors had enjoyed an equity bull market. Consumer price inflation then began to rise in earnest. In 1973 it was 9.1%, in 1974 16%, and in 1975 a staggering 24.2%. All this is being replicated today — we are probably where Britain was in late-1972.

While the dramatic increases in the rate of price inflation were unforeseen in 1972, being far greater today the stimulus of budget deficits and suppressed interest rates is having a more rapid effect. The gap between official interest rates and the rate of price inflation is magnitudes greater, with the Bank of England’s base rate at 1.75% and consumer prices rising at 8.6%. Even the Bank expects significantly higher CPI rates, with independent estimates forecasting yet higher CPI rates in the new year. Similar stories are to be found worldwide. The comparison with the UK in the early 1970s suggests the inflationary and interest rate consequences today are likely to be even more dramatic for financial assets and for the currencies themselves.

In May 1972, the FT30 Index (the headline measure of share prices at that time) peaked at 534, and a year later had already declined significantly, as interest rates began to rise. In late-October 1973 the bubble in commercial office property began to implode. The proximate cause was the rise in short-term interest rates from 7.5% in June 1973 to 11.5% in July, and 13% in November. Consequently, banks which were lending to commercial property speculators collapsed in the notorious secondary banking crisis. And the FT30 Index continued to decline until early-January 1975, losing 74% from the May-1972 peak. Similarly, this is beginning to play out today.

What’s happening now differs in some key respects from the UK in the early seventies. From negative and zero starting points, interest rates have much more substantial increases in prospect. The gap between bond yields and consumer price inflation is now far larger in the US, EU, and UK than anything seen in the early seventies. It suggests the consequences of rising interest rates today are likely to be far more financially violent than that experienced in the UK between May 1972 and January 1975. We will be lucky if equity markets lose only 74% this time.

But overall, the lesson is clear: sharply rising interest rates are lethal for investors.

We now turn to gold. Bretton Woods having been suspended in August 1971, the price of gold in sterling rose from £17.885 per ounce at that time when sterling interest rates were 6%, to over £40 when interest rates were raised to 13% in November 1974. The lesson learned is that the best hedge out of an inflation-driven collapse of conventional investments is gold. The common belief that rising interest rates are bad for gold because it has no yield is disproved.

Furthermore, the evolution of investment services since the 1970s is worth noting. In those days, a good stockbroker was skilled at steering his clients through the dangers to their wealth from market uncertainties. Admittedly, his clients were never the pre-packaged masses, but were typically individuals with personal wealth whom he personally knew.

Today, passive investors are little more than cannon fodder for a system that absolves itself of any responsibility for outcomes. They are a majority that always get wiped out by delegating all decision making to the so-called experts. 

Only those who think for themselves have come to understand that there is something seriously wrong. Investment risks are escalating, and investors must take proactive steps to protect their capital. Unlike their contemporaries in the 1970s who were not so intellectually corrupted by Keynesianism, they have less knowledge of gold, and why it performed so well as an asset in that decade. They need to have a crash course in understanding money and credit, and the distinction between the two.

Gold is money — everything else is credit

So said John Pierpont Morgan in his testimony before Congress in 1912. He was not expressing an opinion, but stating a legal fact, a legal fact which is still true to this day. Despite all attempts by the authorities to persuade us otherwise, despite periods of bans on ownership and Roosevelt’s outrageous confiscations of gold bullion and coin from the people he was elected to represent, the legal position of gold being money and the rest only credit remains the case. It is why central banks accumulate and retain large reserve balances in gold, and why they refuse to part with them. It is why in official circles the topic is taboo.

Ever since the end of barter many millennia ago, transacting people have used media whose primary function was to allow an exchange of goods. Over time, many forms of money were tried and discarded, leaving metals, particularly copper, silver, and gold universally regarded as most durable and capable of being rendered into recognisable coins of a standard weight. Our coins today reflect this heritage. While not containing the original metals, they often reflect the metals’ colours: the highest value looking like gold, intermediate silver, and the lowest copper. 

A few thousand years passed before the Roman jurors ruled on monetary matters. Roman jurists were independent from the state. And despite many attempts by emperors and their henchmen to overturn their rulings, their rulings were robust and survived.

Jurisprudence, or the science of law, became an independent profession in the third century B.C. Five centuries later, in the second century A.D., the classical era began. From then onward, the legal solutions offered by independent jurors received such great prestige that the force of law was attached to them. 

Of particular interest to our subject were the rulings of Ulpian, who defined the status of moneyin the context of banking. On “depositing and withdrawing”, Ulpian starts with a definition:

A deposit is something given another for safekeeping. It is so called because a good is posited [or placed]. The preposition de intensifies the meaning, which reflects that all obligations corresponding to the custody of the good belong to that person.[i]

He then makes a distinction between a regular deposit; that is a specific item to be retained in custody, and an irregular deposit of a fungible good, stating that:

…if a person deposits a certain amount of loose money, which he counts and does not hand over sealed or enclosed in something, then the only duty of the person receiving it is to return the same amount.[ii]

Ulpian’s rulings in the early third century still define money and banking today. They were consolidated in The Digest, one of four books in the Corpus Codex Civilis established by order of the Emperor Justinian in about 530AD. Roman law became the basis of all significant European legal systems, and through Justinian, Ulpian’s rulings continue to apply. 

In Britain’s case, Rome had left long before Justinian’s emperorship, so Roman rulings were not an explicit part of common law. However, when common law and the Court of Chancery merged in 1873 the distinction between custody deposits and mutuum contracts (when fungible goods such as money coins are transferred to another’s possession under a commitment to return a similar quantity) became unquestionably recognised, fully validating what had been common banking practice since the seventeenth century.

Of the three forms of metallic money, gold became the standard in Britain in 1817, and all significant currencies which had not done so before became exchangeable for gold in preference to silver in the 1870s. It is therefore correct to say that today, gold is the only form of true money in our monetary system, while silver’s monetary role is merely dormant.

The rest is credit. Bank notes issued by central banks, are the primary form of credit. No longer exchangeable for gold coin, they are simply issued out of thin air. In addition to the government’s general account with its central bank, in modern times they have started issuing other forms of credit, all of which are provided through commercial banks and reflected in commercial bank credit, such as payment for securities bought from investing institutions which do not have accounts at the central banks. This is the payment mechanism for quantitative easing.

Commercial bank credit makes up all the circulating media which are not banknotes, typically representing over 95% of commercial transaction settlements. Bank credit can be expanded at will. The chart below shows how the sum of bank notes and commercial bank credit in US dollars measured by M3 has increased since 1970. 

Colloquially, this is monetary inflation. More correctly, it is credit inflation because true money, that is gold, is almost never used in transactions. Since the suspension of Bretton Woods in 1971, the amount of M3 credit has increased by 33 times. At the same time, the price of gold has increased by 38 times from $42.22 per ounce, the rate at which it was fixed to the dollar before Bretton Woods was suspended. In other words, real money, which is gold in metal form, has fully compensated for the devaluation of the dollar due to the increase in dollar credit since 1971, though the credit expansion since Roosevelt devalued the dollar against gold is supplemental to these figures. There is more on this later in this article.

If you bought gold when Nixon suspended the Bretton Woods agreement, you would have preserved the purchasing power of your money compared with owning bank notes or possessing instant withdrawal bank deposits. There were ups and downs in the relationship between gold and paper currency, but to make it clear, gold coin or bullion can only be compared with cash and non-yielding bank deposits. It cannot be compared with a yielding asset. Gold is not an investment. But owning bonds, equities, or residential property is most definitely investing for a return.

Normally, it makes sense to spend and invest instead of holding onto cash, whether that cash be true money or bank credit. After all, the reason to maintain money and paper credit balances is to enable the buying and selling of goods and services, with any surplus being put to use by investing it. But it must be understood that in these times of rapidly depreciating currency, an investment must also overcome the hurdle of currency depreciation.

When stocks are soaring and they pay dividends, the hurdle can be overcome. However, we must introduce a note of caution: when stocks are soaring, it is generally on the back of bank credit expansion which leads to a temporary fall in interest rates, a situation which is reversed in time.

The next chart puts residential property prices in context. Priced in sterling, London property prices have soared 114 times since 1968. In true money, which is gold, they have only risen 29%. But the average property buyer buys a house with a mortgage, putting down a partial payment, while paying off the mortgage over time, typically twenty or thirty years. His capital value will have multiplied considerably more than the 114 times reflected in the index, against which mortgage payments including interest will have to be offset to properly evaluate the investment. Furthermore, the utility of the accommodation afforded is not allowed for but is an additional benefit of property ownership.

Taking currency prices, mortgage finance, and yield benefits into account, investment in a home in London has proved to be a better use of capital than hoarding gold, but not by as much as you would think. As remarked earlier in this article, at the margin property values depend on the cost of mortgage finance, which is tied to interest rates. So, what is the outlook for interest rates?

Understanding interest rates

There is a widespread assumption that interest rates represent the cost of borrowing money. In the narrow sense that it is a cost paid by a borrower, this is true. Monetary policy planners enquire no further. Central bankers then posit that if you reduce the cost of borrowing, that is to say the interest rate, demand for credit increases, and the deployment of that credit in the economy naturally leads to an increase in GDP. Every central planner wishes for consistent growth in GDP, and they seek to achieve it by lowering the cost of borrowing money.

The origin of this approach is strictly mathematical. First published in 1871, William Stanley Jevons in his The Theory of Political Economy was one of the three original proposers of the price theory of marginal utility and became convinced that mathematics was the key to linking the diverse elements of political science into a unified subject. It was therefore natural for him to treat interest rates as the symptom of supply and demand for money when it passes from one hand to another with the promise of future repayment.

Another of the discoverers of the theory of marginal utility was the Austrian Carl Menger, who explained that prices of goods were subjective in the minds of those involved in an exchange. With respect to interest, Menger was the probably the first to argue that as a rule people place a higher value on the possession of goods, compared with possession of them at a later date. Being the medium of exchange, this becomes a feature of money itself, whose possession is also valued more than its possession at a future date. The discounted value of later ownership is reflected in interest rates and is referred to by Mengers’ followers as time preference.

He argued that the level of time preference was fundamentally a human choice and therefore could not be predicted mathematically. This undermines the assumption that interest is simply the cost of money because human preferences drive its evaluation. Eugen von Böhm-Bawerk, who followed in Menger’s footsteps saw it from a more capitalistic point of view, that a saver’s money, which was otherwise lifeless, was able to earn the saver a supply of goods through interest earned from it.[iii]

Böhm-Bawerk confirmed that interest produced an income for the capitalist and to an entrepreneur was a cost of borrowing. But he agreed with Menger that the discounted value of time preference was a matter for the saver. Therefore, savers are driven mainly by time-preference, while borrowers mainly by cost. In free markets, this was why borrowers had to bid up interest rates to attract savers into lending instead of consuming.

In those days, it was unquestionably understood that money was only gold, and credible currencies and credit were gold substitutes. That is to say, they circulated backed by gold and were freely exchangeable for it. Gold and its credit substitutes were the agency by which producers turned the fruits of their labour into the goods and services they needed and desired. The role of money and credit was purely temporary. Temporal men valued gold as a good with the special function of being money. And as a good, its actual possession was worth more than just a claim on it in the future. But do they ascribe the same time preference to a fiat currency? To find out we must explore the nature of time preference further as a concept under a gold standard and also in an unanchored currency environment, in order to fully understand the future course of interest rates.

Time-preference in classical economics

Time-preference can be simply defined as the desire to own goods at an earlier date rather than later. Therefore, the future value of possessing a good must stand at a discount compared with actual possession, and the further into the future actual ownership is expected to materialise, the greater the discount. But instead of pricing time preference as if it were a zero-coupon bond, we turn it into an annualised interest equivalent. 

Obviously, time preference applies primarily to lenders financing production, which requires the passage of time between commencement and output. Borrowed money must cover partly or in whole the acquisition of raw materials, and all the costs required to make a finished article, and the time taken to deliver it to an end-user for profit. 

The easiest way to isolate time-preference is to assume an entrepreneur has to borrow some or all of the financial resources necessary. We now have to consider the position of the lender, who is asked to join in with the sacrifice of his current consumption in favour of its future return. The lender’s motivation is that he has a surplus of money to his immediate needs and instead of just sitting on it, is prepared to deploy it profitably. His reward for doing so is that by providing his savings to a businessman, his return must exceed his personal time-preference. 

The medium for matching investment and savings is obviously credit. The financing of production above all else is what credit facilitates. We take this obvious function so much for granted and that interest is seen to be a cost of production that we forget that interest rates are actually set by time-preference. 

Intermediation by banks and other financial institutions further conceal from us the link between interest and time-preference, often fuelled by the saver’s false assumption he is not parting with his money by depositing it in a bank. 

When a saver saves and an entrepreneur invests, the transaction always involves a lender’s savings being turned into the production of goods and services with the element of time. For the lender, the time preference value for which interest compensates him must always exceed the loss of possession of his capital for a stated period. But with credit anchored to sound money, the level of interest compensation demanded by savers for time preference is strictly limited. The case for fiat currencies is radically different.

Time preference and fiat money

So far, we have considered time preference measured in a currency which is credibly tied to money, legally gold. Under a fiat currency regime, the situation is substantially different because of fiat currency’s instability.

The ubiquity of unbacked state currencies certainly introduces uncertainty over future price stability and the value of credit. Not only is the saver isolated from borrowers through the banking system and often has the misconception that his deposits are still his property (in which case time preference does not apply), but his savings are debased through persistent inflation of the currency. The interest he expects is treated as an inconvenient cost of production, to be minimised. Interest earned is taxed as if it were the profit from a capitalist trade, and not compensation for a temporary loss of possession of his property.

It is not surprising that with the saver regarded as a pariah by Keynesian economists, little attention is paid to time preference. But if savers were to collectively realise the consequences of this injustice, they would demand far higher interest rate compensation for losing possession of their capital. They would seek redress for loss of possession, monetary depreciation, and counterparty risk, all to be added and grossed up for taxes imposed by the state. That will not happen until markets take pricing of everything out of government control.

There is an old adage, that in the struggle between markets and the desires of governments markets always win in the end. It is essential to understand that if the driving forces behind time preference for savers are not satisfied, eventually they will dump their credit liquidity in favour of real money, which is only gold and possibly silver, and for goods that they may need in future. The seventy or so recorded hyperinflations of fiat currencies have demonstrated that when currency and credit lose their credibility, they lose all their purchasing power. As these circumstances unfold, the market response is to drive interest rates and bond yields substantially higher, because time preference is failing to be satisfied. If the authorities resist by suppressing interest rates, the currency simply collapses. And then there is no medium to value financial assets, other than by gold itself.

The consequences of contracting bank credit

So far, this article has only touched on the important role of bank credit in the economy. Bank credit finances virtually all the transactions that in aggregate make up GDP. Banks are now contracting their credit, being dangerously leveraged in the relationship between total assets and balance sheet equity at a time of failing economies. 

The consequences for GDP are widely misunderstood. It is commonly assumed that an economic downturn is driven by higher interest rates and their impact on consumer demand. That is putting the cart before the horse. If banks withdraw credit from the economy, it is a mathematical certainty that nominal GDP falls. It is the withdrawal of credit that is responsible for downturns in GDP. It is the rest that follows.

There can be little doubt that with balance sheet leverage averaging over twenty times in the Eurozone and Japan, and with some British banks not far behind, that the global contraction of bank credit will be severe. The effect on less leveraged banking systems, such as that of the US, will be profound due to the international character of modern banking and finance. World-wide, businesses are set to become rapidly insolvent due to credit starvation and bankruptcies will become the order of the day. 

Central banks are facing an increasing dilemma, of which the investing public are becoming increasingly aware. Do they intervene with unlimited expansion of their credit to replace contracting commercial bank credit, or do they just stand back and let these distortions wash out? Effectively, it is a choice between undermining their currencies even more or allowing them to stabilise.

They will almost certainly attempt to mitigate the effects of commercial bank credit being withdrawn. Attempts by central banks to control the expansion of their own balance sheets through quantitative tightening will be abandoned, and quantitative easing reintroduced instead. And just as the expansion of commercial bank credit reduces interest rates below where they would normally be, the withdrawal of commercial bank credit tends to increase interest rates, as borrowers struggle to find any available credit. There’s no point in central bankers turning to central bank digital currencies for salvation because there is too little time to introduce them.

Since the 1980s, having moved progressively towards expanding credit for purely financial activities and taking on financial collateral against loans, the contraction of bank credit is bound to have a profound effect on financial markets as well. Collateral will be sold, market-making curtailed, and derivative positions reduced. Driven partly by Basel 3 regulatory requirements, banks will amend their activities to prioritise balance sheet liquidity. Corporate bond holdings will be sold in favour of short-term government treasury bills. Long-term government debt will be sold for shorter maturities. 

There can be little doubt that banks contracting credit exposed to financial markets is far easier and quicker than withdrawing credit for GDP-qualifying transactions. And just as the expansion of commercial bank credit for purely financial activities since the 1980s has been substantial, its contraction will not be trivial. The effect on valuations is set to repeat the consequences of bank failures in the Wall Street crash of 1929-32, when the Dow lost 89% of its value.

There is also a symbiotic effect between the contraction of bank credit in the GDP economy and financial markets, with the losses and bankruptcies of the former further depressing confidence in the latter. Unless central banks intervene, it amounts to a perfect storm. But their intervention only serves to destroy the purchasing power of their unbacked currencies, in which case interest rates will rise stratospherically anyway.

Comments on gold’s recent underperformance

The chart above presents gold as it should be presented, with unstable fiat currencies being priced in real money, which is gold. For technical analysts, the current bear market for these major currencies relative to gold started in mid-December 2015, and the four currencies in the chart have been indexed to that point.

Since then, they have all declined, with sterling down 51.6%, the yen down 45.9%, the euro down 41.6%, and the dollar down 37%. It should be noted that at this stage of the global bear market, sterling, the euro, and yen are seen to be most vulnerable to interest rate rises. Their government bond yields have become marooned at lower levels than equivalent US Treasuries, seen in the fiat world as the riskless investment. The euro and yen face the consequences of interest rates suppressed by the ECB and BOJ respectively into negative territory. Sterling has long suffered from a credibility problem relative to the dollar, and gilts still yield less than US Treasuries.

While the dollar is the least bad currency, nevertheless inflation of the dollar’s total bank credit over time has been dramatic. It was noted above that since 1971, US M3 credit and currency has multiplied 33 times, while the price of gold in dollars has multiplied 38 times. But M3 had already increased from $44.18bn in 1934, when the dollar was devalued from $20.67 an ounce to $35, to $605bn in August 1971 when Bretton Woods was suspended. Including the expansion of M3 from 1934 makes the increase to date 490 times. In other words, gold has yet to discount much of the dollar’s post-depression credit and currency expansion.

In approximate terms we can conclude that the gold-dollar relationship has yet to fully adjust to the dollar’s long-term inflation. In price terms, that gives some comfort to gold bulls, but not too much should be read into the relationship.

More importantly, there is nothing discounted in the dollar gold price for the likely future deterioration of the fiat dollar’s purchasing power. Therefore, we can conclude that as well as being real money and all the rest being credit, gold prices at the current level offer an unrecognised safe haven opportunity for investors unhappy to leave the proceeds of their liquidated portfolios in fiat cash.

Summary and conclusion

It is with great regret that we must admit that the majority of investors who delegate the management of their capital into the hands of professional fund managers and investment advisers are likely to suffer a destruction of wealth that could become almost total. The reason is that these advisers and managers are comprised of a generation which has not experienced how destructive the link between persistent price inflation, rising interest rates, and collapsing financial asset values can be. Furthermore, to fully understand the link and current factors driving interest rates higher is not in their commercial interests.

What happened in the 1970s has been described as stagflation — a portmanteau word suggesting something not understood by mainstream economists today. Looking at their economic models and the assumptions behind them, for them a combination of a stagnant economy and soaring inflation is unexplained. The effect they ignore is that inflation is a transfer of wealth from the private sector to the state, and from savers to the commercial banks and their favoured borrowers. The more the expansion of currency and credit, the greater the transfer of wealth becomes, and the impoverishment of ordinary citizen results.

We are not arguing necessarily that inflation, measured by consumer price indices, will continue into the indefinite future, though a case for that outcome is easily justified. What is being pointed out is that current interest rates and bond yields should be far, far higher. With CPI already increasing in excess of 8% annualised in the US, EU, and UK factors of time preference indicate that interest rates and bond yields should be multiples higher than they are currently.

This article has explained the role of bank credit in the economy. Bank credit finances virtually all the transactions that in aggregate make up GDP and non-qualifying financial activities. Banks are now contracting their credit, being highly leveraged in the relationship between total assets and balance sheet equity. They find themselves exposed to cascading losses in an economic downturn, which risks wiping out their balance sheet equity entirely.

Surely, central banks and their governments will do what they have always done in the past in these circumstances: inflate their currencies, if necessary towards worthlessness. The argument in favour of getting out of financial and currency risks into real money — that is gold — has rarely been more conclusive.

Tyler Durden
Sat, 10/01/2022 – 12:30

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“We’re A Second Amendment State”: DeSantis Puts Looters On Notice After Hurricane Ian

“We’re A Second Amendment State”: DeSantis Puts Looters On Notice After Hurricane Ian

Florida Governor Ron DeSantis has put would-be looters on notice that they may get more than they bargained for if they attempt to break into homes following Hurricane Ian.

Don’t even think about looting. Don’t even think about taking advantage of people in this vulnerable situation. And so local law enforcement is involved in monitoring that,” he said during a Friday presser.

You can have people you know bringing boats into some of these islands and trying to ransack people’s homes. I can tell you, in the state of Florida, you never know what may be lurking behind somebody’s home, and I would not wanna chance that if I were you, given that we’re a Second Amendment state,” DeSantis added.

At one point, the governor said he saw a sign on a boarded up business in Punta Gorda which read: “you loot, we shoot.”

There have been sporadic reports of looting in some of the state’s hardest hit areas. In Fort Myers cops busted five youthful looters. Another man was collared for burglary and criminal mischief in Levy County, WCJB20 reported.

Lee County Sheriff Carmine Marceno echoed DeSantis on Friday, offering a stern warning as Ian ravaged his jurisdiction. –NY Post

On Saturday, DeSantis spox Christina Pushaw drew gasps from the left after tweeting a photo of a home in Florida with signs outside that read: “TRY TO LOOT / I WILL EAT YOUR FACE”.

Pushaw hit back, tweeting: “Here’s an idea: Don’t commit crimes, especially crimes that victimize people devastated by a natural disaster who are also heavily armed.”

In short: 

Tyler Durden
Sat, 10/01/2022 – 12:00

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“Gone In 30 Minutes” – Next On Europe’s Doomsday List: Collapse Of Cell Phone Networks

“Gone In 30 Minutes” – Next On Europe’s Doomsday List: Collapse Of Cell Phone Networks

It’s not just heating that could be missing across Europe this winter: cell phones may be the next to go. That’s because if power cuts or energy rationing knocks out parts of the mobile networks across the region, mobile phones could go dark around Europe this winter according to the latest doomsday reporting from Reuters.

While everyone knows by now that Europe’s chances of rationing and power shortages have exploded ever since Moscow suspended gas supplies, in France, the situation is even worse as several nuclear power plants are shutting down for maintenance. And the cherry on top: telecom industry officials told Reuters they fear a severe winter will put Europe’s telecoms infrastructure to the test, forcing companies and governments to try to mitigate the impact (i.e., more bailout demands).

The problem, as four telecoms executives put it, is that currently there are not enough back-up systems in many European countries to handle widespread power cuts, raising the prospect of mobile phone outages. Realizing that in just weeks Europe could be cell phone free, countries including France, Sweden and Germany, are scarmbling to ensure communications can continue even if power cuts end up exhausting back-up batteries installed on the thousands of cellular antennas spread across their territory.

Alas, like with everything else in Europe, it’s too little, too late and Europe is facing a truly historic cell phone black out because while Europe has nearly half a million telecom towers, most of them have battery backups that last around 30 minutes to run the mobile antennas. After that they go dark.

One of the alternatives being discussed is pushing Europe back to communist era blackout regimes: In France, a plan put forward by electricity distributor Enedis, includes potential power cuts of up to two hours in a worst case scenario, two sources familiar with the matter said.

The general black-outs would affect only parts of the country on a rotating basis. Essential services such as hospitals, police and government will not be impacted, the sources said. And now, it appears that cell phones are considered essential too: the French Federation of Telecoms (FFT), a lobby group representing Orange, Bouygues Telecomand Altice’s SFR, put the spotlight on Enedis for being unable to exempt antennas from the power cuts.

Enedis said it was able to isolate sections of the network to supply priority customers, such as hospitals, key industrial installations and the military and that it was up to local authorities to add telecoms operators infrastructure to the list of priority customers.

“Maybe we’ll improve our knowledge on the matter by this winter, but it’s not easy to isolate a mobile antenna (from the rest of the network),” said a French finance ministry official with knowledge of the talks.

Telcos in Sweden and Germany have also raised concerns over potential electricity shortages with their governments, several sources familiar with the matter said. Swedish telecom regulator PTS is working with telecom operators and other government agencies to find solutions, it said. That includes talks about what will happen if electricity is rationed. PTS is financing the purchase of transportable fuel stations and mobile base stations that connect to mobile phones to handle longer power outages, a PTS spokesperson said.

The Italian telecoms lobby was even more forceful, and told Reuters it wants the mobile network to be excluded from any power cut or energy saving stoppage and will raise this with Italy’s new government. The power outages increase the probability of electronic components failing if subjected to abrupt interruptions, telecoms lobby chief Massimo Sarmi said in an interview.

Until a solution is reached, to save power, telecom companies are using software to optimise traffic flow, make towers “sleep” when not in use and switch off different spectrum bands, Reuters sources said. The telecom operators are also working with national governments to check if plans are in place to maintain critical services. In Germany, Deutsche Telekom has 33,000 mobile radio towers and its mobile emergency power systems can only support a small number of them at the same time, a company spokesperson said.

Tyler Durden
Sat, 10/01/2022 – 12:00

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FBI Agents Improperly Saw Privileged Trump Communications: Lawyers

FBI Agents Improperly Saw Privileged Trump Communications: Lawyers

Authored by Zachary Stieber via The Epoch Times (emphasis ours),

The FBI team that seized documents from former President Donald Trump’s Florida resort improperly viewed communications between Trump and an attorney, violating attorney-client privilege for a third time, lawyers for Trump said in a new filing.

Former President Donald Trump enters the stage at a Save America Rally to support Republican candidates running for state and federal offices in the state of Ohio at the Covelli Centre in Youngstown, Ohio, on Sept. 17, 2022. (Jeff Swensen/Getty Images)

The filter process set up by the government to try to prevent FBI agents from viewing privileged materials has already failed twice, the government has acknowledged. On Sept. 26, government officials informed Trump lawyers of a third failure, the lawyers said in a new filing lodged in a federal court in southern Florida.

FBI agents viewed an email that they sent to the Privilege Review Team, a team that was supposed to filter out all potentially privileged materials before agents were able to view any.

The review team has characterized the email as non-privileged, but Trump disagrees.

Plaintiff believes the email falls squarely into the category of attorney-client privileged,” Trump lawyers told U.S. District Judge Raymond Dearie, a Reagan appointee who is serving as a special master in the case.

Benjamin Hawk, the Department of Justice (DOJ) official in charge of the filter team, claimed during a recent hearing that the first two failures to separate potentially privileged materials were examples of the filter process working, but U.S. District Judge Aileen Cannon, the Trump appointee who inserted Dearie into the case, expressed doubt.

The instances “indicate that, on more than one occasion, the Privilege Review Team’s initial screening failed to identify potentially privileged material,” she said.

FBI agents who viewed the potentially privileged materials may still be working on the case, according to a sealed filing described by Cannon.

A law enforcement officer stands outside Mar-a-Lago in Palm Beach, Fla., on Aug. 8, 2022. (Giorgio Viera/AFP/Getty Images)

Names and Deadlines

In the new filing, Trump’s lawyers said they want the names of all government officials who were exposed to the potentially privileged materials.

“The unilaterally imposed filter team, which made no effort to contact Plaintiff’s counsel throughout its review process, has admitted to three breaches so far,” the lawyers said. “All this before review by the Special Master and the Plaintiff. By way of this filing, Plaintiff is asking the Special Master to order disclosure of the names of each attorney and Special Agent who was exposed to materials eventually provided to the Privilege Review Team.”

Read more here…

Tyler Durden
Sat, 10/01/2022 – 11:31

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