Goldman Made $100 Million Trading Tesla Options, Converts In Recent Months

Goldman Made $100 Million Trading Tesla Options, Converts In Recent Months

Tyler Durden

Fri, 09/18/2020 – 14:30

Over the past 6 months, special attention has been paid to Tesla and – more specifically – euphoric call-buying in the name that undoubtedly helped propel a gamma squeeze that has seen Tesla’s equity scorch higher since the beginning of the year (something we discussed first in May in “Are Mysterious Call Option Purchases Forcing Tesla Stock Higher?”).

Weeks ago we learned that Softbank was helping along the broader market rally with a strategy of buying OTM call spreads in a handful of high beta tech stocks – a strategy that netted Softbank upwards of $4 billion.

Goldman CEO DJ-Sol

Now it appears as though Goldman Sachs may be cashing in on a similar strategy.

According to IFR Reuters, the investment bank made about $100 million trading Tesla alone over the last several months. The bank was engaged in trades that included “stock options, providing financing secured against Tesla’s shares, and buying and selling its convertible bonds,” according to Bloomberg.

Goldman’s equity trading desk doesn’t deal with retail investors. But the sizeable revenues it raked in show how the investment bank’s traders still managed to profit from these extraordinary market moves, in part through using derivatives to position for an upswing in Tesla shares, sources said.

In addition to making buck in Tesla calls, the vampire squid also made it rain buying and selling Tesla converts (which have a face value of over US$4bn), whose prices climbed sharply this summer as the company’s shares rocketed. Goldman bankers also made money providing financing secured against shares in the company, or as it is also known, “corporate equity derivatives deals” involving Tesla. That is an umbrella term for a range of transactions – including margin loans, or lending money against a company’s shares – which usually involve providing financing against large equity stakes, IFR reported.

The action from Softbank acted as a “tailwind” for the company – and ultimately for Goldman, as well – as option missiles fired across the tech sector helped the broader market rise before the NASDAQ dropped about 12% from highs earlier this month. 

According to the report, in a time when single stock option volumes exploded 3x in the second quarter compared to the same period last year, the surge in Tesla option volumes was even more remarkable – $1.45 trillion in July, up more than 10x from $124 billion in July of last year. Amazon was the “second largest beneficiary” of the options trading, Reuters notes, seeing activity rise from $632 billion to $1.48 trillion over the same period. 

These imbalances occurred over the summer, where volume is notoriously low in equity markets. In simple terms, as best as we can understand: major financial institutions seem to be undertaking equity manipulation via the relfexivity of options market (where the tail literally wags the dog) as an actual trading strategy now.

Call us old fashioned, but whatever happened to the good old days of banks simply trading on material non-public information?

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Peter Schiff: When Exactly Are They Going To Deal With The Debt?

Peter Schiff: When Exactly Are They Going To Deal With The Debt?

Tyler Durden

Fri, 09/18/2020 – 14:18

Via SchiffGold.com,

Even as the fiscal 2020 budget deficit surged past $3 trillion, more than double the previous record deficit, US Treasury Secretary Steve Mnuchin called for more federal spending, saying   “now is not the time to worry about shrinking the deficit.” Of course, he wasn’t worried about shrinking the deficit before the pandemic either. Peter Schiff talked about the looming debt crisis during his podcast.

Mnuchin isn’t alone in saying the deficit doesn’t matter – at least right now. Former Treasury Secretary Jack Lew appeared on CNBC and also said the federal government needs to spend more stimulus money and we can’t afford to worry about the ballooning deficit. Lew co-wrote an op-ed published by the Washington Post with former Treasury Secretary Robin Rubin. The duo said the stimulus needed to be a large as possible, “preferably more than $2 trillion.”

With a pandemic raging amid an ongoing, deep recession, this isn’t the time to let deficits stand in the way of adequately addressing the crisis and the great need it has created.”

We have bipartisan agreement here – spend more money! The only disagreements revolve around how much to spend and what precisely to spend it on.

Peter said it’s ironic that we even have a secretary of the Treasury.

The treasury is empty. It really should be the secretary of the debt because that’s all we have. We have a gigantic pile of debt. And really what the job of the secretary of the debt is is to make the debt bigger and to make sure that the people lending us the money don’t stop. So, it’s really a giant con-job where you have to go out there and enable debt.

In the past, the strategy was to convince the world to buy US debt. Now they’ve even abandoned that and pretty much left it to the Federal Reserve to backstop the borrowing. The Fed works hand-in-glove with the US Treasury to enable borrowing and spending. Mnuchin said in an interview that he’s on the phone with Jerome Powell every day. That raises a question: whatever happened to the “independent” Fed?

The whole idea behind an independent Federal Reserve is that the Federal Reserve is not working hand-in-glove with the US Treasury. The idea was they didn’t want the US government to have its hands on the printing presses. … You want to have some kind of buffer between government – Congress – spending the money and the Federal Reserve that’s creating it. But when you have these guys working together; they’re on the phone constantly; they’re like partners in crime now ripping off the American public where the Fed is actually acting as a branch of the Treasury Department. This is what we don’t want.”

But this is what we have. And it explains how the US government managed to get more than $26 trillion in debt with a debt-to-GDP ratio of 136.7%.

Peter pointed out that while Mnuchin keeps saying we shouldn’t worry about the debt when the economy is bad, he wasn’t worried about the debt when the economy was supposedly good. It wasn’t long ago that Donald Trump was bragging that we had the strongest economy in the history of America – even in the history of the world.

Yet, when we had the strongest economy, or they were telling us that we had the strongest economy in the history of the world, were we worried about the debt then? No. Did we do anything about the debt then? No. Well yes, actually we did do something about the debt. We made it bigger.”

In fact, the US was already on track for a $1 trillion deficit in FY2020 before the pandemic. The US government had only run deficits over $1 trillion four times before – all during the great recession. In fiscal 2019, the Trump administration ran the fifth-biggest deficit in history.

What did Donald Trump do under the guidance of the Secretary of the Debt, Steven Mnuchin? What did he do? He increased government spending and cut taxes. So, in this great economy, in the greatest economy ever, we took the greatest deficits ever and made them even bigger. So clearly, Steven Mnuchin does not think that the time to deal with the debt is when the economy is strong. Now, he also says you don’t want to deal with the debt when the economy is weak. Well, if you’re not going to deal with the debt when the economy is weak, and you’re not going to deal with the debt when the economy is strong, well then when are you going to deal with the debt? Well, the answer is never.”

But at some point, the debt will become a crisis and they will be forced to deal with it – or at least respond to it. And at that point, the options become severely limited.

When times are bad, everybody wants to fill up the punch bowl or spike it with more alcohol. And when times are great, nobody wants to be the guy to take it away. So, we never get to deal with the deficit. Until, of course, we are forced to because it’s a crisis. And that is where we’re headed.”

In this podcast, Peter also broke down some economic numbers and talked about the favorite Democrat policy – soak the rich. Peter said that will drown everybody else.

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Massive Sell Program Slams S&P500 Below 3300

Massive Sell Program Slams S&P500 Below 3300

Tyler Durden

Fri, 09/18/2020 – 13:59

Just as were bringing readers a warning from BMO technician Russ Visch that a drop below 3,310 in the S&P would breach the mid-September support and open a door for a retest of 3,233…

… a massive selling program hit at exactly 1:30pm, which sent the NYSE TICK index (number of securities trading on an uptick less trading on a downtick) to session lows of -1,713…

… which together with yesterday’s morning wholesale dump which saw the TICK open the puke-like -1,897, was the biggest program selling going all the way back to the mid-June dump.

Curiously, just moments before the sell program hit, the VIX – which had been trading rangebound all day despite the market weakness in yet another quirk of quad-witching – spiked, potentially triggering the sharp cross-asset selloff and while bonds remain unchanged even the dollar is starting to move (higher).

The 1:30pm sell program was notable because coming on the already twitchy quad-witching day, it pushed the S&P below 3,300 – almost as if that was the intention – with the EMini suddenly dumping 20 points in bidless action before the S&P future recovered around 3,280, the lowest level since early August.

And so with 3,300 now in the rearview mirror, the onus is now on the Robinhood BTFD crew to show that they can prop up the market in a time when the Fed’s dedication to the bullish cause is suddenly in question.

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Watch Live: Trump Briefs Press As TikTok-Oracle Deal Talks Drag On

Watch Live: Trump Briefs Press As TikTok-Oracle Deal Talks Drag On

Tyler Durden

Fri, 09/18/2020 – 13:50

Instagram founder Kevin Systrom and others have warned that the White House’s crackdown on TikTok – the Chinese-owned social media platform that has attracted some 100 million American users – is a net negative for the app’s American rivals, even as shares of Facebook and Snap popped as the Trump Administration publicized its plans for barring new downloads of both TikTok and WeChat, two companies that had been targeted in an executive order last month. It’s the first step toward a total ban, if a deal isn’t worked out by Nov. 12 (at least, as far as TikTok is concerned).

As a result, TikTok’s American CEO Vanessa Pappas tweeted an invitation for Facebook, which owns Facebook, Whatsapp and Instagram, some of the world’s most popular social media and digital communications platforms, to join TikTok’s lawsuit fighting the Trump Administration’s ban.

And a couple of hours later, with US stocks trading in the red, an anonymous US official reassured CNBC that a deal to save TikTok

With the state of the “deal” (which would leave Oracle and Walmart among a group of investors backing a newly independent US-based company housing TikTok’s international business) in constant flux, reports are claiming that AG William Barr is now the lone senior administration official with a say in the CFIUS decision who remains unconvinced. Questions remain about whether ByteDance will retain control of the TikTok content recommendation algorithm.

Despite reports that Beijing could give the deal its blessing, US officials are now claiming that China could still sabotage the deal.

With the administration threatening to ban new downloads of both TikTok and WeChat (a popular chat & payments app developed by China’s Tencent) as soon as Sunday night, President Trump is appearing at a hastily arranged 1400ET press briefing. Speculation among the White House press corp is that the briefing will focus primarily on the deal.

We have a sneaking suspicion, however, that the briefing will leave us with more questions than answers.

via ZeroHedge News https://ift.tt/3iWMVVH Tyler Durden

“We Are Headed For The Worst Of The Worst” Week For Markets

“We Are Headed For The Worst Of The Worst” Week For Markets

Tyler Durden

Fri, 09/18/2020 – 13:35

Earlier today we laid out the views of Nomura’s Charlie McElligott who discussed why 270 in the QQQs is the “line in the sand” for dealers, as a drop below this “trigger” level could open a trapdoor for markets leading to “things getting sloppy to the downside into next week.”

BMO’s Russ Visch picks up on the theme of imminent market weakness, and on Friday morning writes that “we are in the worst calendar month of the year for equities both here and in the U.S. and it’s not even close. In addition, the week following the September quadruple witching has also been one of the most consistently negative weeks of the year with the S&P 500 closing lower nearly 80% of the time over the past 30 years.”

So, as he puts it, “we’re headed right into the worst of the worst, so to speak.”

Looking at a chart, this means that to expect more downside “since momentum gauges remain mostly negative” and should the S&P close below the mid-September low at 3310, that would open the door for a test of next support at 3233:

Similarly for the Nasdaq, should support at 10,850 fail (as it has already done today), a drop to 9,838 is possible:

But before BMO’s clients freak out and dump everything, Visch has some soothing words: the pain won’t last, and the market’s trend in the medium-term remains up: 

The reality is that so far, the correction that’s been underway since the beginning of September has played in the manner we’ve expected. It’s driven largely by the wildly overextended mega-cap growth names which are having an outsized impact on the major averages (SPX: – 6.43%, Nasdaq -9.64%) while the vast majority of stocks are holding up just fine. (Russell 2000 -3.32%, NYSE Composite -2.64%.)

In essence, Visch concludes, “the market is letting some “steam” out of the areas that need it the most.” And while he would still allow for more weakness in line with seasonal headwinds that stretch out into October, “so far nothing about this pullback has us concerned about the broader, bullish backdrop.”

 

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Can Fire Insurance Manage Wildfire Risks in California?

CalifFireSept2020

In California, wildfires have burned more than 3.2 million acres—an area larger than the state of Connecticut—since January. Since August 15, the state’s fires have killed at least 24 people and destroyed more than 4,200 structures. The amount of the state’s forestland that has burned this year is has been described as “unprecedented” and “record-breaking.”

The area annually burned by wildfires has been zig-zagging upward since 1950. The chart below displays data through 2017; subsequently, Cal Fire reports, the wildfires consumed 1.6 million acres in 2018 and 260,000 in 2019 respectively.

The latest area burned may not be as unprecedented on a longer time scale. For example, a 2007 study in Forest Ecology and Management suggests that the area in California burned by Native Americans to manage landscapes, as well as those sparked by lightning before the era of European settlement and active fire suppression, may have fallen between 4.5 and 12 million acres annually. “The idea that US wildfire area of approximately two million hectares (about 5 million acres) annually is extreme is certainly a 20th or 21st century perspective,” wrote the researchers. “Skies were likely smoky much of the summer and fall in California during the prehistoric period.”

In the 20th century, the National Interagency Fire Center reports that the area annually burned by wild land fires in U.S. (not just California) may have exceeded 50 million acres in 1930 and 1931. But the agency cautions that the less rigorous methods for collecting and compiling these early 20th century data means that “figures prior to 1983 should not be compared to later data.” For example, the data from the 1930s may well include fires intentionally set in the Southeast to clear agricultural land.

A 2009 study in Ecological Applications (data updated here) identified a U-shaped trend in 11 western U.S. states, in which fires burned more space at the beginning of the last century, less in the middle decades, and more again recently:

What is causing the upward trend in the area burned by wildfires in the western U.S.? During a visit to California this week, President Donald Trump suggested that bad forest management is the chief cause. During the briefing, California Gov. Gavin Newsom gingerly suggested that “the science is in and observed evidence is self-evident that climate change is real, and that is exacerbating this.” In fact, both have played a role, as has the complicating circumstance that millions of Californians have moved to fire-prone wildlands.

A 2009 report from researchers associated with California Polytechnic State University observed that bad forest management, including active fire suppression and restrictions on timber harvests, have “resulted in an unnatural accumulation of fuels on many California forestlands.” The report further noted: “Where 50–70 trees per acre stood before the Gold Rush, California forests now average over 400 trees per acre. When fire enters these ecosystems the resulting high-intensity wildfires are as unnatural as the accumulated fuels that they consume.”

Meanwhile, California’s climate has been heating up and periods of drought have been deepening and lengthening. Using surface temperature data, a team led by University of Maryland atmospheric chemist Clark Weaver calculates that California, since 1895, has been growing warmer at a rate of about 2.1° Fahrenheit per century. The warming sped up over that time: From 1960 to today, the rate is 4.8° per century.

An August 2020 study in Environmental Research Letters finds that since 1979, a combination of rising temperatures and falling average precipitation has increased the likelihood of extreme autumn wildfire conditions across California. The researchers report trends for the months of September, October, and November (SON) in both temperatures (up about 1° Celsius) and precipitation (down an average of 30 percent), making fire weather conditions about twice as worse statewide.

The researchers find that from 1984 to 2018, the trends toward a hotter and drier California temperature correlate with a increase of about 40 percent per decade in the size of the statewide autumn-burned area.

As all this was happening, more people were heading into the woods, that is, making their homes in the “wildland-urban interface” (WUI) areas where houses and wildland vegetation meet and intermingle. Some go there because they can’t afford to live in pricey urban areas with strict restrictions on new building, while other, more fortunate people move to the woods to enjoy the scenery, wildlife, and outdoor activities.

A 2007 report in the International Journal of Wildland Fire found by 2000, some 3.5 million California housing units were located in WUI areas, with another 1.5 million intermixed within and surrounded by wild landscapes. On top of that, 62 percent of net California housing growth from 1990 to 2000 occurred in WUI zones. A 2018 study in the Proceedings of the National Academy of Sciences reported that America’s wildland-urban interface “grew rapidly from 1990 to 2010 in terms of both number of new houses (from 30.8 to 43.4 million; 41% growth) and land area (from 581,000 to 770,000 km2; 33% growth), making it the fastest-growing land use type in the conterminous United States.”

In other words, more and more Americans have moved into areas where the wildfire risk is higher:

The measure that could make a big difference with respect to California wildfire risk is, as the president advised, better and more proactive forest management. As it happens, the federal government, which the president oversees, owns 57 percent of California’s forests, whereas state and local governments own around 3 percent. (The rest is in private hands.)

Better forest management to reduce wildfire risk chiefly involves reducing the fuel load in overgrown fire-suppressed forests using mechanical harvesting and prescribed burns. A 2019 Government Accountability Office report found that federal agencies spent around $5 billion on reducing wildland fuels from 2009 to 2018:

The Forest Service and the Bureau of Land Management estimate that more than 100 million acres of federal lands are at high risk from wildfire, but in 2018 the agencies managed to treat only about 3 million acres.

An intriguing 2019 study in Fire notes that 70 percent of all prescribed fire between 1998 and 2018 was completed by non-federal entities in the Southeastern U.S. In other words, private owners and state agencies in the Southeast have completed more than twice as much prescribed fire as the entire remainder of the country. “This may be one of many reasons why the Southeastern states have experienced far fewer wildfire disasters relative to the Western U.S. in recent years,” the researcher observes. It is worth noting that the federal government owns just a small percentage of the land in most Southeastern states.

A 2020 study in Nature Sustainability estimated that 20 million acres of California forestland—about 20 percent of the state’s land area—would benefit from prescribed burning to cut the risks of catastrophic wildfires. Yet California intentionally burned just 50,000 acres in 2017. The costs for prescribed burns range from $100 to $500 per acre. That suggests that it would take roughly $2 billion to $10 billion to treat 20 million acres. For comparison: In its latest budget request, the U.S. Forest Service says it has a backlog of 80 million acres in need of active management but plans to reduce fuel loads on just over 1 million acres in 2021. The U.S. Department of Agriculture, which oversees the Forest Service, suggested in a July 2020 report that “restoration of national forests comes with an estimated price tag of $65 billion.”

The insurance risk analytics firm Verisk assesses the primary factors that contribute to wildfire risk—fuel, slope, and road access—to determine a property’s individual wildfire hazard score. The company finds that more than 2 million properties in California are at high and extreme risk from wildfire. (Nationwide, about 4.5 million properties are at high wildfire risk.) The Insurance Information Institute reports that annual insured wildfire losses in the U.S. generally hovered below $1 billion from 2004 until 2017. In 2017 and 2018, insured wildfire losses escalated to around $15 and $17 billion, respectively, before dropping back down in 2019 to around $1 billion. U.S. insured wildfire losses so far this year are estimated at around $3 billion:

After the spectacular wildfire losses in 2017 and 2018, insurance companies have revised their risk models and are now pulling out the California market. Why? Because the premiums that state regulators allow insurers to charge don’t cover their projected wildfire risks. By one calculation, insurers covering California wildfire losses paid out more than $2 for every $1 in premiums in 2017 and $1.70 for every $1 in premiums in 2018. With that dynamic, it is not surprising that insurance companies have dropped wildfire coverage for nearly 350,000 California homeowners since 2015. Property owners who can still buy insurance in the market have seen their premiums increase recently by as much 300 to 500 percent.

In the wake of 2018’s disastrous fires, the California legislature passed Senate Bill 824, which prohibits cancellation or nonrenewal of homeowners policies within a year of a declared state of emergency if a structure is either in an area where a wildfire occurred or adjacent to a fire perimeter. In December 2019, California Insurance Commissioner Ricardo Lara imposed a mandatory one-year moratorium on insurance companies refusing to renew certain policies; this applies to least 800,000 homes in California wildfire disaster areas.

As more Californians lose their standard wildfire insurance coverage, they have been turning to the state’s Fair Access to Insurance Requirements (FAIR) plan to protect their properties. The FAIR plan is basically a high-risk insurance pool that offers last-resort, bare-bones coverage, chiefly for fire losses, to property owners who cannot obtain a policy in the regular market. It was established in 1968, in the wake of urban riots and brush fires, when the California legislature required insurance companies offering property policies in the state to create and contribute to the plan. It is not taxpayer-financed, and plan premiums are statutorily required to be actuarially sound.

The FAIR plan’s premiums have been increasing at a rate of 8 percent per year since 2016. This year, the program got regulators’ permission to raise its rates by 15.6 percent—after trying to hike them by 35 percent.

Being unable to obtain insurance means, of course, that owners will find it much harder to sell, since banks will not issue mortgages for uninsurable properties.

Recognizing that his one-year nonrenewable mandate forcing insurance companies to maintain fire policies is coming to its end, Insurance Commissioner Lara announced this week that he is convening an investigatory hearing in October that will focus on ways to protect California residents against increasing wildfire risks. “Our current reality of increasing insurance premiums and non-renewals hurts those who can least afford it, including working families and retirees on fixed incomes,” said commissioner Lara in a press release. “We can lower the insurance risk by incentivizing people to bring down the fire risk on their properties and in their communities with clear, science-based home-hardening standards.”

Home-hardening could help, but not perhaps as much as the commissioner and property owners may think. A 2019 Fire article analyzed the factors associated with structure loss in the California areas burned by wildfire from 2013 to 2018. Analyzing how more than 40,000 structures exposed to wildfire fared, the researchers found that “in most regions home structural characteristics are far more important in determining home survival than defensible space.” (Defensible space generally means cutting back brush and trees as much as 100 feet to establish a perimeter around a house.) They added that many “destroyed structures could be characterized as ‘fire-safe,’ such as having >30 meters of defensible space or fire-resistant building materials.”

So why would one of the most frequently referenced protection measures—expanding defensible space—have so little impact on whether a house survives a wildfire? Because flying embers that precede the fire front by a mile or two often waft over the cleared perimeter to set houses alight. Measures that do somewhat increase the chances that a house will survive a wildfire are having enclosed (or no) eaves, multiple-pane windows, and screened vents. These tend to exclude embers from gaining entry into more combustible parts of a structure.

If this study is right, the home-hardening measures that commissioner Lara wants insurance companies to take into account when setting premiums will probably not have much impact on whether Californians who live in fire-prone areas can obtain coverage or reduce what those who can get coverage pay for their policies.

Whatever is sparking the upsurge in wildfires, California regulators and residents should take market signals seriously when deciding where to live. As the Pomona College environmental historian Char Miller recently put it in The New York Times, insurance companies ask themselves: “Why am I insuring something that I know is going to be destroyed?” Homeowners should certainly be asking themselves a similar question.

Meanwhile, a 2007 analysis in the Journal of Real Estate Finance and Economics found that repeated fires in any given area of Southern California brought down property values. “The first fire reduces house prices by about 10 percent,” they calculated, “while the second fire reduces house prices by nearly 23 percent.” Both insurance rates and resell prices are signals that living in the woods is costly. Many people may be willing to take the risk of losing their property to wildfire, but insurance policyholders or taxpayers should not be forced to subsidize that choice. Charging people the full cost of their fire risks could well incline them to build and live in safer areas.

A fascinating 2016 Stanford Law Review article highlights that point. The authors, legal scholars Omri Ben-Shahar and Kyle Logue, observe that insurance can serve “as a form of private regulation of safety—a contractual device controlling and incentivizing behavior prior to the occurrence of losses.” Their focus is on flood insurance, but the point is valid for fire coverage too:

In the U.S., insurance is denied its potential role as an efficient regulator of pre-storm conduct. It does not induce rational precautions by individuals, cost-justified community development by localities, or efficient infrastructure investment. American insurance fails to achieve these straightforward and enormously important roles for a reason that can be stated in one sentence: insurance policies for weather related losses are not priced to reflect the real risk. As a result of government intervention in property insurance markets, through either rate regulation or direct government provision of subsidized insurance, private markets no longer generate prices signals regarding the cost of living in severe weather regions. The cost of insurance is suppressed, thus failing to alert private parties who purchase property insurance to the true risk of living dangerously. It allows these private parties to (rationally) assume excessive risk, and dump the cost of living in the path of storms on others. Indeed, much of the development of storm-stricken coastal areas is due to insurance subsidies, and would likely not have happened at the same magnitude otherwise.

Insurance could contribute at least modestly toward mitigating California’s rising wildfire risks. Although it is way too bureaucratically complex and slow, the Federal Emergency Management Agency (FEMA) has a severe repetitive loss program hints at a way forward. That voluntary program buys out homeowners whose property has been flooded numerous times and encourages them to relocate to higher ground. FEMA has acquired more than 43,000 such flood-prone properties since 1989. A streamlined buyout program for structures destroyed by wildfire, ideally run by private insurers, could give residents of high-risk areas a stronger incentive to relocate and rebuild elsewhere.

One preliminary idea, based on what has been happening with many FEMA buyouts, is that insurers might pay the pre-fire value for burnt-out properties and communities, then turn the now-vacant land over to local land trusts to oversee and manage.

Another innovative measure that would help homeowners reduce their wildfire risks is to issue forest resilience bonds (FRBs). These raise private capital to fund forest restoration efforts, such as mechanical harvesting and prescribed burning, that reduce the chances of wildfire. Smaller fires mean lower costs. The bond issuers—who could be government entities, but could also be utility companies or other private parties—reimburse the investors over time. For example, a $4.6 million FRB was issued in 2018 to treat and lower the fire risks on 15,000 acres of forestland in the North Yuba River watershed via tree thinning and prescribed burning. Instead of waiting for action and fickle funding from distant federal and state agencies, local communities at high risk of wildfire could issue such bonds and begin forest restoration sooner. Insurance companies might even invest in such bonds, and could also factor the lower fire risk into their premiums for that community’s homeowners.

An alternative to state and federal wildfire suppression is privately provided wildfire fighting. The Montana-based Wildfire Defense Systems (WDS) has been offering just such services since 2013. Insurance companies contract with WDS to evaluate the wildfire risks of policyholders and advise them on how to lower those risks. WDS also offers insurers access to private firefighting services that are on-call across 20 states.

The Trump administration is right to complain about poor forest management, but it has been offering no credible plans for fixing it. And California’s insurance regulators seem dead set on policies that will eventually drive private insurance companies out of the state. Meanwhile, forests burn, thousands flee their homes, and millions choke on smoke.

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Biden and Trump Now Agree: The President Has No Authority To Impose a Nationwide Mask Mandate

Joe-Biden-CNN-town-hall-9-18-20-cropped

Joe Biden, who as recently as Wednesday was claiming he would have the authority as president to impose a nationwide mask mandate, suddenly reversed himself last night. “I cannot mandate people wearing masks,” the Democratic presidential nominee admitted during a CNN “town hall,” adding that he could still require masks in federal buildings and on federal land.

That concession represents an embarrassing retreat for Biden, who has been talking for months about forcing Americans to cover their faces in public. “I would insist that everybody out in public be wearing that mask,” he said in a June 25 interview with a local TV reporter in Pittsburgh. When asked if he would “use your federal leverage to mandate that,” Biden replied: “Yes, I would. From an executive standpoint, I would….I would do everything possible to make it required that people had to wear masks in public.”

Biden reiterated that promise at the Democratic National Convention last month. “If I’m your president,” he said, “on day one we’ll have a national mask mandate.” 

Speaking to reporters in Delaware on Wednesday, Biden said he had been consulting with his legal advisers about an executive order that would mandate masks in states that have not imposed such a requirement. “Our legal team thinks I can do that, based upon the degree to which there’s a crisis in those states, and how bad things are for the country,” he said.

Either Biden’s legal advisers changed their minds, he misunderstood their advice, or he reconsidered the electoral implications of campaigning for president as the guy who wants to unilaterally impose a requirement that remains controversial even among people who acknowledge the value of masks in reducing virus transmission. While a recent Harris poll found that a large majority of Americans support a national mask mandate, the question did not specify whether that policy would be enacted by Congress or decreed by the president. Furthermore, if people who oppose a mandate feel more strongly about the issue than people who support that policy (as seems plausible), Biden’s old stance might have alienated more voters than it attracted.

President Donald Trump, who has sent mixed messages about masks but has never been shy about asserting powers he does not actually have, seized on Biden’s plan to mandate face coverings as evidence of his opponent’s dictatorial ambitions. “He wants the president of the United States, with the mere stroke of a pen, to order over 300 million American citizens to wear a mask for a minimum of three straight months…no matter where they live,” Trump said at a press briefing last month. “He does not identify what authority the president has to issue such a mandate or how federal law enforcement could possibly enforce it or why we would be stepping on governors throughout our country, many of whom have done a very good job and they know what is needed….If the president has the unilateral power to order every single citizen to cover their face in nearly all instances, what other powers does he have?”

Trump’s respect for federalism and constitutional limits on presidential power is highly selective, of course. This is the same man who last April asserted “total” authority over COVID-19 lockdowns, saying “the president of the United States calls the shots.” Other signs of Trump’s situational commitment to obeying legal constraints on his authority include his extralegal ban on bump stocks; his determination to build a border wall that Congress has refused to fund; his talk of punishing news organizations that annoy him by yanking broadcast licenses and loosening libel laws; his threat to withhold congressionally appropriated money from states that allow wide use of mail-in ballots; and his administration’s nationwide eviction moratorium—which, like the mask mandate Biden now admits he can’t impose, was presented as a response to COVID-19.

That last policy, which Centers for Disease Control and Prevention (CDC) purported to establish this month, is supposedly based on the agency’s authority under the Public Health Service Act. A regulation issued under that statute says the CDC’s director may “take such measures” he “deems reasonably necessary” to stop the interstate spread of communicable diseases, “including inspection, fumigation, disinfection, sanitation, pest extermination, and destruction of animals or articles believed to be sources of infection.”

As South Texas College of Law professor Josh Blackman has noted, such a broad reading of the CDC’s authority is highly implausible in light of the specific examples cited in the regulation on which the agency is relying. George Mason law professor Ilya Somin likewise warns that the eviction moratorium undermines property rights, federalism, and the separation of powers.

If the CDC can, in the name of disease control, force landlords to house people who do not pay their rent, it can impose pretty much any requirement under that heading—including the mask mandate that both Trump and Biden now agree cannot be imposed by the executive branch. Given the Trump administration’s broad reading of the CDC’s authority, the only thing preventing Trump from mandating masks may be his personal antipathy toward them, combined with a political calculation that such a decree would not go over well with his supporters.

As for Biden, there is not much in his long political career that suggests he draws a distinction between what he wants to accomplish and what the Constitution allows. When he mentioned the Constitution during a Democratic presidential debate last year in connection with Kamala Harris’ plan to impose gun control by executive fiat, it was striking precisely because he rarely acknowledges limits to presidential authority when they get in the way of policies he likes. Biden’s view of presidential war powers, for example, was the broadest of any laid out by this year’s Democratic contenders.

In short, there is little reason to believe that Trump or Biden will eschew presidential power grabs simply because they both now agree that an executive order requiring face masks would be a step too far. But I guess we should be grateful that either of them acknowledges there are some things the president cannot do.

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Trump Administration Formally Bans TikTok, WeChat Apps from Online Stores in U.S.

tiktokban_1161x653

The U.S. Department of Commerce today announced that it will, as threatened, implement a ban on the TikTok and WeChat apps, thus censoring tools Americans use to communicate each other while blaming it all on China’s Communist rule.

As of Sunday, online mobile or app stores will not be able to distribute or update either WeChat or Tiktok. WeChat will further be banned from processing payments within the United States. This enacts President Donald Trump’s August executive orders, in which he claimed that the two apps threaten the United States due to their parent company’s ties to the Chinese government.

“At the President’s direction, we have taken significant action to combat China’s malicious collection of American citizens’ personal data, while promoting our national values, democratic rules-based norms, and aggressive enforcement of U.S. laws and regulations,” Commerce Secretary Wilbur Ross said in a press release today.

Restricting which communication tools Americans can use in fact undermines American values and our “rules-based norms.” It is more akin to how countries like China attempt to control how citizens can communicate.

“The Commerce Department’s decision to bar transactions with TikTok and WeChat raises serious First Amendment concerns and should be scrutinized carefully by the courts,” wrote Jameel Jaffer, executive director at the Knight First Amendment Institute, following today’s orders. “The Supreme Court held 50 years ago that the First Amendment protects Americans’ right to access foreign media. This protection is no less important today. The privacy and security concerns with platforms like TikTok and WeChat are real, but we should be wary of setting a precedent that would give this president, and every future one, broad power to interfere with Americans’ access to information and ideas from abroad.”

The administration is being sued by both TikTok and at least one employee who works there over the broadness of Trump’s order, arguing that this move violates their due process protections and fails to identify an actual threat. One of the suits notes that “TikTok is neither owned, operated, nor controlled by China or the Chinese government. Indeed, TikTok does not even operate in China.”

Attempts to try to force the sale of TikTok to an American company such as Oracle have stalled, with Trump complaining that the U.S. government wouldn’t get a cut of the sale.

Today’s order will not stop Americans who have already downloaded the apps from using them, but it will make it harder others from downloading them.

The biggest “winners” of this order are neither the American public nor the Trump administration but the companies that provide virtual private networks, a.k.a. VPNs, which can be used to bypass government-mandated bans and firewalls. TechCrunch notes that whenever a country attempts to ban TikTok, VPN companies see a surge in customers looking for ways to bypass the rules.

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Trump Administration Formally Bans TikTok, WeChat Apps from Online Stores in U.S.

tiktokban_1161x653

The U.S. Department of Commerce today announced that it will, as threatened, implement a ban on the TikTok and WeChat apps, thus censoring tools Americans use to communicate each other while blaming it all on China’s Communist rule.

As of Sunday, online mobile or app stores will not be able to distribute or update either WeChat or Tiktok. WeChat will further be banned from processing payments within the United States. This enacts President Donald Trump’s August executive orders, in which he claimed that the two apps threaten the United States due to their parent company’s ties to the Chinese government.

“At the President’s direction, we have taken significant action to combat China’s malicious collection of American citizens’ personal data, while promoting our national values, democratic rules-based norms, and aggressive enforcement of U.S. laws and regulations,” Commerce Secretary Wilbur Ross said in a press release today.

Restricting which communication tools Americans can use in fact undermines American values and our “rules-based norms.” It is more akin to how countries like China attempt to control how citizens can communicate.

“The Commerce Department’s decision to bar transactions with TikTok and WeChat raises serious First Amendment concerns and should be scrutinized carefully by the courts,” wrote Jameel Jaffer, executive director at the Knight First Amendment Institute, following today’s orders. “The Supreme Court held 50 years ago that the First Amendment protects Americans’ right to access foreign media. This protection is no less important today. The privacy and security concerns with platforms like TikTok and WeChat are real, but we should be wary of setting a precedent that would give this president, and every future one, broad power to interfere with Americans’ access to information and ideas from abroad.”

The administration is being sued by both TikTok and at least one employee who works there over the broadness of Trump’s order, arguing that this move violates their due process protections and fails to identify an actual threat. One of the suits notes that “TikTok is neither owned, operated, nor controlled by China or the Chinese government. Indeed, TikTok does not even operate in China.”

Attempts to try to force the sale of TikTok to an American company such as Oracle have stalled, with Trump complaining that the U.S. government wouldn’t get a cut of the sale.

Today’s order will not stop Americans who have already downloaded the apps from using them, but it will make it harder others from downloading them.

The biggest “winners” of this order are neither the American public nor the Trump administration but the companies that provide virtual private networks, a.k.a. VPNs, which can be used to bypass government-mandated bans and firewalls. TechCrunch notes that whenever a country attempts to ban TikTok, VPN companies see a surge in customers looking for ways to bypass the rules.

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Support For BLM Falls Further; Americans See “Protests” As Riots, Believe There Is A War On Police

Support For BLM Falls Further; Americans See “Protests” As Riots, Believe There Is A War On Police

Tyler Durden

Fri, 09/18/2020 – 13:15

Authored by Steve Watson via Summit News,

A series of new polls reveals that the majority of Americans believe there is a war being waged against police officers, and that support for the ‘black lives matter’ movement has dropped even further, with many more now seeing little distinction between the movement’s ‘protests’ and violent riots.

Polls from Pew Research and Fox News reveal that support for BLM has dropped more than ten percentage points in just a few months.

“As racial justice protests have intensified following the shooting of Jacob Blake, public support for the Black Lives Matter movement has declined,” Pew notes.

“A majority of U.S. adults (55%) now express at least some support for the movement, down from 67% in June amid nationwide demonstrations sparked by the death of George Floyd. The share who say they strongly support the movement stands at 29%, down from 38% three months ago.”

The findings also show that “The recent decline in support for the Black Lives Matter movement is particularly notable among White and Hispanic adults.”

“In June, a majority of White adults (60%) said they supported the movement at least somewhat; now, fewer than half (45%) express at least some support,” Pew notes, adding that “The share of Hispanic adults who support the movement has decreased 11 percentage points, from 77% in June to 66% today.”

A corresponding Fox News poll shows that “More voters consider the unrest in three US cities stemming from Black Lives Matter demonstrations to be riots rather than protests.”

“The poll, published Sunday, found that 48 percent of likely voters surveyed described violence in New York, Portland, and Kenosha, Wisconsin to be riots, compared to 40 percent who saw them as protests,” The new York Post noted.

Meanwhile, a third poll, from Rasmussen, reveals that 59% of voters believe there is a war being waged on police officers.

A whopping 80% of Republicans said it is obvious to them that there is a war on police, compared to 39% of Democrats.

In addition, a majority of independents (60%) agreed with the statement.

Previously, in 2018, 43% of respondents believed there is an ongoing war against police, with another previous high of 58% in 2015 also now being eclipsed.

The new poll found that 59% of respondents say they support the institution of ‘Blue Lives Matter’ laws in their state to classify attacks on police and first respondents as hate crimes with harsher punishments. Several states have already implemented such laws since 2016.

The Rasmussen poll reveals that while white voters are most likely to support ‘Blue Lives Matter’ laws (63%), a majority of 52% of black voters also support the idea, in addition to 49% of other minority voters also expressing support.

The poll also found that a huge majority of 84% of black voters expressed concern that attacks on police would lead to a shortage of police officers and a decline in public safety.

via ZeroHedge News https://ift.tt/3iLEhZP Tyler Durden