Why Warren Buffett’s Pouncing On Precious Metals (Again)

Why Warren Buffett’s Pouncing On Precious Metals (Again)

Tyler Durden

Thu, 08/20/2020 – 14:05

Authored by Jesse Felder via TheFelderReport.com,

Almost two years ago I wrote, “Why Warren Buffett Would Be Buying Precious Metals Again (If He Could).” In that piece, I referenced a quote from his 1997 Letter to Berkshire Hathaway Shareholders

Last year, we purchased 111.2 million ounces. Marked to market, that position produced a pre-tax gain of $97.4 million for us in 1997. In a way, this is a return to the past for me: Thirty years ago, I bought silver because I anticipated its demonetization by the U.S. Government.” 

Last week, Berkshire Hathaway revealed a stake in Barrick Gold, one of the BANG stocks I have been writing about for the past couple of years.

And I believe this investment is once again related to “demonetization.”

However, in 1967 the word meant one thing; today it means something slightly different.

  • 53 years ago, “demonetization” meant the breaking of the dollar’s official link to gold.

  • Today, because there is no longer any official link, it means the dollar’s value relative to gold will deteriorate, and possibly to a significant degree, just not all at once like it did in 1971 as a result of the “Nixon Shock.”

The demonetization of the dollar today is less of a shock and more of a slow and steady burn which only makes it more insidious.

Just over a year ago, Charlie Munger, Warren’s parter at Berkshire, had to say in this regard,

I am so afraid of a democracy getting the idea that you can just print money to solve all problems and eventually I know that will fail…

All the politicians in Europe and America have learned to print money…

Who knows when money printing runs out of control?

At the end, if you print too much you end up with something like Venezuela.”

Since then, the affinity for money printing has only grown in Washington and the Fed’s balance sheet has nearly doubled as a result.

In this light, it’s not hard to see why the recent actions by Congress and the Fed to generate the biggest fiscal deficit-to-GDP in history and monetize the entire amount would inspire the greatest investor of modern times to put on an inflation hedge.

As I wrote a while back, Berkshire is too big today to buy precious metals directly but an equity investment that may be a much more efficient inflation hedge than your average stock is right up their alley.

And it doesn’t hurt that Barrick has spent the past several years remaking itself in Berkshire’s image.

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Another Market Top Indicator: Paul Ryan Is Launching A $300 Million SPAC

Another Market Top Indicator: Paul Ryan Is Launching A $300 Million SPAC

Tyler Durden

Thu, 08/20/2020 – 13:50

The similarities with the housing bubble boom-bust are growing by the day. Not only are stocks at all time highs, to which we can now add record low yields and an all time high gold price as the 10Y real yield has dropped to an unprecedented minus 1% all time low sparking rampant risk-on euphoria among the retail investing community, but over the past year there has also been a veritable explosion of “blank check” companies  which are shell companies that have no operations but plan to go public with the intention of acquiring or merging with a company with the proceeds of the SPAC’s initial public offering.

As we discussed three weeks ago, investment in SPACs usually surges near market peaks, when there is broad consensus among the professional investing community that equities are overvalued as there is now – as a reminder the August Fund Manager Survey from BofA found that a record 78% of Wall Street professionals believe that not only stocks but every other assets is the overvalued on record.

The last time we saw such a surge in SPACs? 2007, just before the housing/credit bubble crashed and Lehman defaulted.

And while the SPAC bubble burst in 2008 along with the rest of the housing/credit bubble, it has now completely recovered, and as Goldman’s David Kostin showed in a recent Weekly Kickstart, SPAC capital raising has soared YTD.

For those who missed it, some statistics: since the start of 2020 through the end of July, 51 SPAC offerings have been completed raising $21.5 billion, up 145% from the comparable year-ago period. In 2019, 51 SPAC IPOs were completed totaling $13.2 billion and 2018 witnessed 35 offerings for $9.3 billion. SPACs have accounted for one-third of all US IPO activity since the start of 2019. Completed SPAC offerings currently searching for acquisitions exceeds $38 billion.

Well, to this “blank check” frenzy we can now add the consummate smooth-talking politician and former vice-presidential candidate, Paul Ryan, who according to Dow Jones is also “jumping into the rush on Wall Street toward blank-check acquisition companies.”

According to the report, the former Republican House speaker will serve as chairman of a SPAC known as Executive Network Partnering which will seek to raise roughly $300 million in an initial public offering.

While SPACs have been all the rage among Wall Street icons including Bill Ackman and Chamath Palihapitiya, Ryan is the first prominent politician to join a surge this year in the creation of blank-check companies.

And now that the fusion of Wall Street and K Street has been tapped, expect a flood of other US politicians hoping to capitalize on the biggest stock bubble in history which their total dysfunction made possible as it left the Fed in charge of virtually every aspect of the US economy.

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Three Cool New Features from Microsoft Teams for Virtual Classrooms

In February, few professors had never heard of Zoom. Almost overnight, the firm exploded in popularity on college campuses. Vendors like Microsoft Teams, Skype Business, and Cisco Webex seem to have been caught flat-footed. Over the past few months, Zoom has introduced some new features that improve its usefulness in class. For example, you can now use powerpoint slides as your virtual background. (I still encourage professors to avoid the temptation to use powerpoint and other screen sharing–they are boring and difficult to follow; use the time in class for frequent polling and other assessments).

Now Zoom’s competitor are catching up. I encourage everyone to watch a video from Microsoft Teams. For sure, it is a slick marketing packeting. But it promotes several features that I think would significantly improve virtual pedagogy.

First, the software allows you to arrange participants in an auditorium format. The background is automatically cropped out, so you see a person sitting in a chair. You can view up to 49 students at once. This design resembles the “virtual bleachers” broadcasted in NBA games from the bubble. I would really appreciate this sort of view. It would make the class so much more life-like.

Second, the software supports live captions. As a person speaks, Teams will automatically generate closed captions. I am not an expert on the ADA, but this sort of feature would help ensure compliance. This captioning would also address a perennial problem in class: when a student asks, “Can you please repeat the question?” Now, students, once called on, can quickly scroll up and read the question. I’m not sure if this is a net-positive or net-negative move. On the plus side, a student can quickly read what was said, and avoid confusion. On the down side, a student may drift off, and re-read a question when called upon. On balance, I tend to think more information is always better. But I suspect some professors will disagree.

The third feature is potentially significant. At the end of the session, Teams will automatically generate a transcript of the entire class. Far too often, students feel the need to type down everything a professor says, verbatim. This dictation approach is awful. Students cannot process information when they are robotically typing. Some professors ban laptops, and assign a single student as a dedicated note-taker. Even then, the notes are not complete. But now, Teams generates a single, official transcript. Students will have no excuse–really no reason–to type everything verbatim. And all students will have access to the same material. I am very excited about this last feature.

Now, some professors will not want their words to be transcribed, for much the same reason they do not want to to be recorded. My general advice: get over it. Every professor should presume that they are being recorded at all times–especially over Zoom. Screen-recording is so simple. And it is always better to have your own backup copy. Still, a written transcript is far less risky than a recorded video. It is tough for a transcript to go viral on YouTube.

 

 

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Americans Rightly Tune Out To Democratic National Convention

dncday3

In a presidential election in which a record-high percentage of Americans (25 percent overall, including 37 percent of independents) agree that neither major-party candidate “would make a good president,” it makes sense that traditional viewership for the Democratic National Convention (DNC) is tanking. The shift to an all-online convention, including a high number of pre-taped speeches, certainly hasn’t done anything for the intensity of audience engagement.

According to the ratings service Nielsen, the first night of the DNC pulled about 19.7 million viewers across broadcast and cable stations, down from 26 million viewers in 2016. The second night of the convention had about 19.2 million watchers, down from about 25 million four years ago. Nielsen hasn’t released ratings for last night yet.

A spokesman for Joe Biden, TJ Ducklo, tweeted triumphantly after the first night that “28.9 million Americans tuned in to @DemConvention last night across TV & digital platforms, up from 2016 & shattering the previous record for digital streams, which totaled 10.2m even as numbers still come in.” But Duckclo didn’t include any source for his estimate of digital viewership, leading NPR media correspondent David Folkenflik to ask, “Where are you deriving streaming figures from?” No answer was forthcoming.

Apart from partisan hype, measuring the online audience is no simple matter. It is surely higher than in 2016, but it’s far from clear that its growth would more than cover the decline in cable and broadcast watching. CNN Digital, which tracks audience on that channel’s multimedia desktop site and mobile apps, reports that “digital multiplatform unique visitors and video starts are up 38% and 19% versus the second day of the 2016 DNC.” But the channel also said that just “53k users live stream[ed] the average minute of the convention programming from 9-11p.m. (equivalent to the way TV ratings are calculated). Digital average audience was up +6% from day 2 of the conventions in 2016.”

A 6 percent increase in digital average audience and 53,000 people livestreaming the DNC during its peak time are nothing to write home about, even if you multiply such figures out over other platforms and sites. With historically low levels of enthusiasm for either the Republican or Democratic candidate, the Biden campaign’s claim to record viewership is highly dubious. 

The national conventions long ago stopped being a place where any real news might happen or where unscripted events would reveal something authentic or telling. The shift to online-only underscores the reality that the DNC and RNC are infomercials pitched to the parties’ bases rather than events designed to reach out to uncommitted voters. The rest of us will simply have to bide our time for a more substantive discussion of the country’s uncertain future. It’s not clear when or whether we’ll have presidential debates but if we do, they will certainly go a long way to settling questions about the mental acuity of Trump and Biden. And they might actually put some electricity into an election surprisingly devoid of energy despite the hyperbolic rhetoric of partisans declaring it (yet again!) as the most-important election in our lifetime.

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Texas Statute Banning “Criminal Street Gang” Members from Carrying Handguns in Their Cars or Boats

From Becker v. State, decided yesterday by the Texas Court of Appeals, in an opinion by Chief Justice Brian Quinn:

It is a crime for a member of a “criminal street gang” to carry a handgun while in a car or boat, if he owns or controls those vehicles. Apparently, the same cannot be said of that same “criminal street gang” member carrying it while walking, riding a bike, or even riding a horse. Nor is it true, under the expressed wording of the statute, if he carries the firearm while riding in a car or boat owned and controlled by someone else, including a fellow “criminal street gang” member.

How about riding on a motorcycle? The statute refers to carrying the weapon “in a motor vehicle.” Like riding Mother Nature’s horse, riding a two-wheeled iron one involves being atop or “on” it. Of course, one may scoff at drawing such hyper technical distinctions; but, do not such hyper technical distinctions already exist in a statute that criminalizes possession of a handgun when driving his own car but not while being driven in another person’s car or while simply walking on a street.

Let us try another, shall we? What if the State licensed that supposed “criminal street gang” member to carry the firearm? In so licensing the person, logic suggests that it approved of his carrying the weapon. Though not a criminal for purposes of securing a license, the person apparently becomes one simply by sitting in his own car or boat with the item he was licensed to carry.

{[But] the statute underlying his prosecution lies within Chapter 46, § 46.02 of the Penal Code. Elsewhere in the very same chapter of the very same Code lies another provision. It provides that “[s]ection 46.02 does not apply to a person who … is carrying … [both] … a license issued under subchapter H, Chapter 411, Government Code, to carry a handgun … and … a handgun … in a concealed manner … or … in a shoulder or belt holster.” Id. § 46.15(b)(6)(A), (B) (emphasis added). The potential impact of the latter statute upon the State’s prosecution of Becker for violating a subpart of § 46.02 is apparent. If § 46.15(b)(6) means what it says, his having a license to carry may well remove him from the teeth of § 46.02(a-1).}

Those are a few of the mystifying mind teasers revolving around this appeal from an order denying Ashely Becker’s pretrial writs of habeas corpus. Yet, Becker was not “in” a motor vehicle but on his motorcycle. Furthermore, his purported status as a “criminal street gang” member allegedly arose upon joining the Bandidos Motorcycle Club. He argued below and here that focusing merely on his membership in the purported “criminal street gang” to prosecute him for carrying a handgun that the State licensed him to carry violated a myriad of his constitutional rights. The trial court disagreed and denied both his facial and “as applied” constitutional attacks levied against § 46.02(a-1) of the Texas Penal Code. We have been afforded the opportunity to consider that decision but forgo it at this time….

[The facts of the case:] Becker and [another motorcycle rider] wore vests depicting membership in the Bandidos. The latter organization was “confirmed as an ‘Outlaw Motorcycle Gang,'” according to the deputy. And, upon approaching “both motorcyclists,” he spoke first with Becker who “handed [the deputy] a Texas Driver’s License and a Texas License to Carry” a concealed weapon. Upon seeing the license to carry, the deputy asked Becker if he (Becker) possessed a handgun. Becker “advised he had his gun on his hip.” … Becker’s carrying the weapon allegedly violated § 46.02(a-1)

The court concluded, however, that under Texas appellate procedure it couldn’t reach these issues on a pretrial writ of habeas corpus; presumably they will need to be raised in various motions before the trial court, and then perhaps in an appeal after a trial.

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Main Suspect In Brutal Attack At BLM Protest Seeks Donations While Evading Police

Main Suspect In Brutal Attack At BLM Protest Seeks Donations While Evading Police

Tyler Durden

Thu, 08/20/2020 – 13:30

Authored by Jonathan Turley,

When I testified on the violence in current protests in cities like Portland, most of the Democratic senators insisted that violence in Portland was due to the arrival of federal officers to protect the federal courthouse and that the violence subsided after the federal officers were withdrawn. 

As other witnesses pointed out, the violence had been raging for weeks and a riot was declared by the Portland police the very night before.  The violence has indeed continued though the coverage has been light, including the arson at a county government building yesterday.

One of the most shocking incidents involve the attack at a Black Lives Matter demonstration of a man who was beaten after people filmed and mocked him. Police say one of the chief attackers was Marquise Love, 25, and he is someone already familiar to police. In an interesting twist, Love is now reportedly raising funds while on the run from police.

The attack in Portland was vicious and various individuals attacked Adam Haner but Love is allegedly the individual who kicked him in the head. It was captured on video.

Love has seven arrests in Washington County, Oregon alone. This includes a 2017 arrest for domestic assault and domestic harassment. He also has two separate arrests in 2016 for providing false information in connection with the transfer of a firearm, and domestic assault and criminal trespass.

He has violated probation and has been forced to accept paternity over a child. In 2012, Love was arrested twice in 2012 for second-degree theft interfering with public transportation and criminal trespass.

Love goes by “Keese” and, according to Heavy, his Facebook page says that he is a “Dj for Portland Oregon clubs. Living life to the fullest. Keep lurking.”

Haner was the not only one attacked at the BLM protest. A transgender female was shown on videotape being attacked and robbed.

Love claims that he was merely fighting a racist and is now being hunted down by police.

In his recent alleged postings according to The Sun, Love states:

“Might go to jail for murder tonight for a racist when all I did was fight him look it up on twitter put money on my books and come see me.”

The fund campaign could be raised in any sentencing to show the court that Love evaded police while soliciting funds.  Moreover, his social media comments would be admissible at a trial.  The videotape does not show Haner resisting. These postings can be used to show a lack of remorse if Love pleads guilty. That is why this type of social media campaign is never recommended by criminal defense attorneys, particularly before you surrender.

Meanwhile, the victim of this crime, Adam Haner, has raised over $125,000 on his GoFundMe to pay for medical care and rehab.

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“This Is NOT Normal”: A Stunned Morgan Stanley Says Volumes Are “Way Beyond Just Low”

“This Is NOT Normal”: A Stunned Morgan Stanley Says Volumes Are “Way Beyond Just Low”

Tyler Durden

Thu, 08/20/2020 – 13:10

While stocks have soared to new all time highs, there has been one aspect about this latest meltup that suggests the rally is built on nothing but hot air (and trillions in Fed liquidity injections of course): the complete lack of volume, prompting some to wonder if the Fed has finally succeeded in ‘killing’ the market. And sure enough, as Morgan Stanley’s Rob Cronin writes in an overnight note, “this is NOT a typical August lull in liquidity.”

The Market Has Died

The MS team points out that volumes across almost all products are way below historic seasonal averages. Which is bizarre because this is on the back of the highest volume Jan-to-July we have seen since 2010 (except single name options where volumes were the worst Jan-July since 2010). As the bank explains, the exaggerated August drop in liquidity (leading to higher impact costs) is driven by:

  1. large amounts of trading behind us in 2020

  2. spot level in equities ~65% recovered

  3. in options, vol levels are still too high for many directional funds.

The exception is cash equities where volumes are only slightly below August norms, bid/offer spreads are not wide and data shows more intraday trading vs. closing auction use than normal – indicative of more active trading in single names, which in turn suggests that retail trading remains solid. The rest of August is likely to remain subdued as seasonally volumes are unlikely to pick up until the first week of September.

Below we republish key excerpts from the MS note:

We look at liquidity across 6 products and compare average volumes traded from Aug 1st to 18th from 2010 to now.

  • Over the last 10Y, SX5E futures would typically have traded an average ~$41bn a day so far in August. This year it’s just $29bn (-28% lower than normal August levels).

  • SX5E index options traded an average of just 639k contracts/day so far in August, –48% below normal levels. 20d volumes this low were last seen in 2013.

  • From 1st to 18th August 2019, SX5E dividend futures traded $380m/day – this year it’s just $84m (-62% vs. normal Aug levels).

Cash equities stands out as being more ‘normal’, registering volumes that are only slightly below historic norms for this time of year. SX5E traded on average $12bn/day in August (-10% below seasonal norms) and SXXP traded $39bn (-4% below seasonal norms).


Chart on the left breaks out SX5E futs vs. cash volumes (the cash volumes include data across all execution venues). We can see the drop in futures volumes is more pronounced as cash. Chart on the right shows the volume difference from Aug 1st to 18th of 2020 vs. the average of the same period of the last 10Y. The actual ADV for this year is marked on each bar. Again, you can see here the relatively better cash volumes vs. other products for this time of year.

With the exception of dividend futures (where notional traded is typically <0.5% of equity futs), the biggest seasonal drop in volumes has come in SX5E index options where 20d MA volumes just hit levels last seen in 2013 (left chart below). In the last 5 days, we traded $5bn of combined put/call delta per day vs. ~$12bn/day 5Y average. Over-writing programs appear as active as ever, but non-directional volatility selling strategies (var sellers) and directional option users are less active.

Single name options had the WORST Jan-July of volumes since 2010 – totally at odds with other asset classes. In March, the ratio of notional SX5E index option notional volume traded vs. notional traded in SX5E single names reached 37x – a 10Y high (we have adjusted the SX5E single name basket to allow for index rebals through time). The ratio has since fallen to 15x (right chart below) driven by the drop in index. Both SNO and index option volumes are <1st %-ile vs. 2010.

Separately, MS also notes that in Q1 2020, bid offer spreads in cash hit new highs. The average SX5E name traded ~12bps wide at their worst (vs. Jan 1st level of 3bps) while the Small Cap SCXP index names traded as high as 32bps wide (vs. Jan 1st level of 12bps). The good news is that spreads have tightened by ~80% since with the indices now trading 4bps and 15bps wide respectively, which is a “sign of normality in cash”, at least until the next time the market goes bidless.

Finally, at the SX5E/SXXP level, use of the closing auction has fallen sharply in the last month. It’s likely that those trading cash equities are more active/intraday players. This is supported further by the fact that key cyclical sectors are seeing the least use of the auction over the last week (Banks use is just 13%, 1st percentile vs. 2012).

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Rickards Warns America’s “Bridge Loan” Is Up

Rickards Warns America’s “Bridge Loan” Is Up

Tyler Durden

Thu, 08/20/2020 – 12:50

Authored by James Rickards via The Daily Reckoning blog,

A lot of the policy response to the COVID-19 pandemic was based on the belief that it would be over quickly. We saw big, multi-trillion dollar spending bills from March into May. The Fed took their balance sheet from about $3.8 trillion to around $7 trillion. (By the way, I can easily envision some scenarios where it goes to $10 trillion).

But all that was done as a sort of bridge loan to get us from April to July. The expectation in April was that when we got to July, the pandemic would be under control, we could reopen the economy, it would be a V-shaped recovery, and it would all be good before the election. That hasn’t turned out to be the case.

Here we are in mid-August. The virus has surged in several states, which have increased their restrictions in many cases. But the relief packages have largely ended.

Congress is debating another bailout package, but there’s no consensus. It may happen. But as of now, there’s no middle ground between Democrats and Republicans. And that’s important because if you go back to the bridge loan analogy, we’re going to need another to keep the economy and stock market propped up if lockdowns continue.

Now we’re facing a second wave of layoffs. A lot of people who would have been laid off in April were kept on the payroll until, say, the end of July. But there’s no more Payroll Protection Plan. So all of the layoffs that would have happened in April are going to happen in August.

Come September, when we get the August employment report, we may see a real deterioration of employment based on what I’m describing.

We also need to be aware of the real possibility of a second wave of COVID-19 infections.

We’ve heard a lot about the second wave. We’re seeing huge outbreaks in Los Angeles, for example. California has gone from about 4,000 fatalities to now over 10,000 fatalities. It’s passed Massachusetts, which was third on the list. Now Massachusetts is sixth, but Texas and Florida are coming up fast, 4th and 5th respectively.

But this isn’t a second wave. It’s just an extension of the first.

To see why, let’s get into the medical science a bit. The virus started in Wuhan, China. But it spread in two directions. It came east where there was an initial outbreak in California and Washington. But the virus also went west out of China to Italy. Why Italy?

It was Fashion Week in February and the Chinese essentially own the fashion industry. So there were tens of thousands of Chinese flying to Milan for Fashion Week. In Italy, the virus mutated and became more contagious. Not more lethal. The death rate didn’t go up, but the contagion rate went up. Deaths increased, but only because the number of infections increased. The Italian strain, let’s call it, then came to New York.

New York was the epicenter, the hotspot of the entire country, while California seemed to be doing pretty well. The assumption was that California Governor Gavin Newsom was doing everything right and Governor Andrew Cuomo must have been doing everything wrong.

Cuomo made a lot of mistakes, no question about it, but that wasn’t the difference. The difference was the initial strain in California was less contagious than the one that hit New York.

Now what has happened two months later is that the Italian strain, which hit New York, has spread to the rest of the country. This is not just a question of public policy, smart governors versus incompetent governors. It’s California getting hit with the Italian strain that hit New York in March.

That’s why the California rate is going up. But none of this is a true second wave as virologists and epidemiologists understand it. This is really the first wave with timing differences.

A real second wave is when you actually do get the virus under control and the caseload drops off everywhere. Then four, five or six months go by and it comes back more fatal, more contagious than before.

That’s what happened in the 1918 Spanish flu. There was a bad outbreak with a lot of fatalities in March 1918, but the most fatalities happened in October after the initial outbreak cooled down.

There was relative calm in May and June, but then it started coming back. By October it got so bad that bodies were piled up on the streets like cordwood. There were so many bodies they didn’t know what to do with them all.

That’s what a second wave could potentially look like. We could see a real second wave based on a mutation that could come this fall and winter.

The larger problem is there’s good evidence that lockdowns don’t work. Death rates in countries with severe lockdowns weren’t appreciably better than in some countries that didn’t fully lock down.

If you’re on an island and don’t let any ships or planes in, then maybe that works. But society would literally grind to a halt. You would literally destroy the world’s largest economy and the global economy. That’s not a viable option.

Some restrictions make sense. Maybe we don’t attend large gatherings for a while. But to go further and shut down every nail salon, barbershop, hair stylist, pizza parlor, dry cleaner, et cetera coast to coast is something else entirely.

Small and medium sized enterprises are 45% of GDP and almost 50% of jobs. When you start shutting that down, you’re shutting down the economy. And that was never necessary. It was never going to stop the problem. If we had done the common sense restrictions while leaving much of the economy open, we would have likely been in much better shape.

There’s the old 90/10 rule, where you can get 90% of the benefit at 10% of the cost. We didn’t do that. We tried to get a 100% benefit, but the cost was 100% of the economy, or close to it.

The reality is, the economy’s in very bad shape. The idea that we’re going to bounce back out of this with all this pent up demand is nonsense. The data is already indicating we’re in a recovery, yes. But if you fall into a 50 foot hole and climb 10 feet up, you’re still 40 feet in the hole.

We’re not going to see 2019 levels of output until 2023 at the earliest. We’re not going to see 2019 low levels of unemployment until probably 2025. We’re not getting back there for three or four or maybe five years. So we’re looking at a long, slow recovery.

And that’s if things don’t get worse from here. But they could, especially if we get a deadly second wave.

We’ve climbed 10 feet out of the hole. Unfortunately, we could find ourselves right back at the bottom before too long.

And digging our way back up to 2019 levels would take even longer.

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Americans Rightly Tune Out To Democratic National Convention

dncday3

In a presidential election in which a record-high percentage of Americans (25 percent overall, including 37 percent of independents) agree that neither major-party candidate “would make a good president,” it makes sense that traditional viewership for the Democratic National Convention (DNC) is tanking. The shift to an all-online convention, including a high number of pre-taped speeches, certainly hasn’t done anything for the intensity of audience engagement.

According to the ratings service Nielsen, the first night of the DNC pulled about 19.7 million viewers across broadcast and cable stations, down from 26 million viewers in 2016. The second night of the convention had about 19.2 million watchers, down from about 25 million four years ago. Nielsen hasn’t released ratings for last night yet.

A spokesman for Joe Biden, TJ Ducklo, tweeted triumphantly after the first night that “28.9 million Americans tuned in to @DemConvention last night across TV & digital platforms, up from 2016 & shattering the previous record for digital streams, which totaled 10.2m even as numbers still come in.” But Duckclo didn’t include any source for his estimate of digital viewership, leading NPR media correspondent David Folkenflik to ask, “Where are you deriving streaming figures from?” No answer was forthcoming.

Apart from partisan hype, measuring the online audience is no simple matter. It is surely higher than in 2016, but it’s far from clear that its growth would more than cover the decline in cable and broadcast watching. CNN Digital, which tracks audience on that channel’s multimedia desktop site and mobile apps, reports that “digital multiplatform unique visitors and video starts are up 38% and 19% versus the second day of the 2016 DNC.” But the channel also said that just “53k users live stream[ed] the average minute of the convention programming from 9-11p.m. (equivalent to the way TV ratings are calculated). Digital average audience was up +6% from day 2 of the conventions in 2016.”

A 6 percent increase in digital average audience and 53,000 people livestreaming the DNC during its peak time are nothing to write home about, even if you multiply such figures out over other platforms and sites. With historically low levels of enthusiasm for either the Republican or Democratic candidate, the Biden campaign’s claim to record viewership is highly dubious. 

The national conventions long ago stopped being a place where any real news might happen or where unscripted events would reveal something authentic or telling. The shift to online-only underscores the reality that the DNC and RNC are infomercials pitched to the parties’ bases rather than events designed to reach out to uncommitted voters. The rest of us will simply have to bide our time for a more substantive discussion of the country’s uncertain future. It’s not clear when or whether we’ll have presidential debates but if we do, they will certainly go a long way to settling questions about the mental acuity of Trump and Biden. And they might actually put some electricity into an election surprisingly devoid of energy despite the hyperbolic rhetoric of partisans declaring it (yet again!) as the most-important election in our lifetime.

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Texas Statute Banning “Criminal Street Gang” Members from Carrying Handguns in Their Cars or Boats

From Becker v. State, decided yesterday by the Texas Court of Appeals, in an opinion by Chief Justice Brian Quinn:

It is a crime for a member of a “criminal street gang” to carry a handgun while in a car or boat, if he owns or controls those vehicles. Apparently, the same cannot be said of that same “criminal street gang” member carrying it while walking, riding a bike, or even riding a horse. Nor is it true, under the expressed wording of the statute, if he carries the firearm while riding in a car or boat owned and controlled by someone else, including a fellow “criminal street gang” member.

How about riding on a motorcycle? The statute refers to carrying the weapon “in a motor vehicle.” Like riding Mother Nature’s horse, riding a two-wheeled iron one involves being atop or “on” it. Of course, one may scoff at drawing such hyper technical distinctions; but, do not such hyper technical distinctions already exist in a statute that criminalizes possession of a handgun when driving his own car but not while being driven in another person’s car or while simply walking on a street.

Let us try another, shall we? What if the State licensed that supposed “criminal street gang” member to carry the firearm? In so licensing the person, logic suggests that it approved of his carrying the weapon. Though not a criminal for purposes of securing a license, the person apparently becomes one simply by sitting in his own car or boat with the item he was licensed to carry.

{[But] the statute underlying his prosecution lies within Chapter 46, § 46.02 of the Penal Code. Elsewhere in the very same chapter of the very same Code lies another provision. It provides that “[s]ection 46.02 does not apply to a person who … is carrying … [both] … a license issued under subchapter H, Chapter 411, Government Code, to carry a handgun … and … a handgun … in a concealed manner … or … in a shoulder or belt holster.” Id. § 46.15(b)(6)(A), (B) (emphasis added). The potential impact of the latter statute upon the State’s prosecution of Becker for violating a subpart of § 46.02 is apparent. If § 46.15(b)(6) means what it says, his having a license to carry may well remove him from the teeth of § 46.02(a-1).}

Those are a few of the mystifying mind teasers revolving around this appeal from an order denying Ashely Becker’s pretrial writs of habeas corpus. Yet, Becker was not “in” a motor vehicle but on his motorcycle. Furthermore, his purported status as a “criminal street gang” member allegedly arose upon joining the Bandidos Motorcycle Club. He argued below and here that focusing merely on his membership in the purported “criminal street gang” to prosecute him for carrying a handgun that the State licensed him to carry violated a myriad of his constitutional rights. The trial court disagreed and denied both his facial and “as applied” constitutional attacks levied against § 46.02(a-1) of the Texas Penal Code. We have been afforded the opportunity to consider that decision but forgo it at this time….

[The facts of the case:] Becker and [another motorcycle rider] wore vests depicting membership in the Bandidos. The latter organization was “confirmed as an ‘Outlaw Motorcycle Gang,'” according to the deputy. And, upon approaching “both motorcyclists,” he spoke first with Becker who “handed [the deputy] a Texas Driver’s License and a Texas License to Carry” a concealed weapon. Upon seeing the license to carry, the deputy asked Becker if he (Becker) possessed a handgun. Becker “advised he had his gun on his hip.” … Becker’s carrying the weapon allegedly violated § 46.02(a-1)

The court concluded, however, that under Texas appellate procedure it couldn’t reach these issues on a pretrial writ of habeas corpus; presumably they will need to be raised in various motions before the trial court, and then perhaps in an appeal after a trial.

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