BLM Uses ‘Mafia Tactics’ To Threaten Cuban Restaurant Owner With Diversity Demands

BLM Uses ‘Mafia Tactics’ To Threaten Cuban Restaurant Owner With Diversity Demands

Tyler Durden

Mon, 08/03/2020 – 18:25

The owner of a Cuban restaurant in Louisville has decried a list of ‘diversity demands sent to him and dozens of other small business owners by Black Lives Matter activists – which include guaranteeing that at least 23% of staff are black, 23% of the business’s supplies are from black-owned retailers, and 1.5% of their net sales go to black charities. They also need to publicly display a sign showing their support for the movement.

Restaurant owner Fernando Martinez and other members of the Cuban community on Sunday protesting against the BLM list of demands.

If they don’t comply, the business owners face a series of “repercussions,” including social media shaming, ‘invasive reclamation’ where black owned businesses would set up competing ‘booths and tables’ outside the stores, and they would have ‘their storefronts fucked with,’ according to the Daily Mail.

The letter was sent to business owners in the city’s ‘NuLu’ East Market District during a July 24 protest which forced some area businesses to close. BLM argues that the neighborhood was only able to flourish after a housing project was demolished in the 2000s, which ‘robbed the black community of opportunities and wiped out their homes,’ according to the report.

Fernando Martinez, who owns La Bodeguita de Mima, claims that one of the activists warned him: ‘You better put the letter on the door so your business is not f*cked with.‘ 

For the next two days after the protest, he claims he kept his restaurant closed because staff feared for their safety. It meant that more than 30 staff members were not able to earn a paycheck.

He took to Facebook to accuse them of ‘mafia tactics’ and said that while he respects the movement and wants to support it, it’s unfair for his business and safety to be threatened. 

‘There comes a time in life that you have to make a stand and you have to really prove your convictions and what you believe in.  

All good people need to denounce this. How can you justified (sic) injustice with more injustice?’ he wrote on Facebook. –Daily Mail

Read the letter below:

On Sunday, Martinez spoke at Cuban community rally to express support for BLM, but also make clear that they won’t be strong-armed into anything.

“There are people out there who are trying to define who I am as a man, who I am as a businessman, and who we are as a community,” said Martinez, adding “The Cuban community is not the enemy of the Black community.”

“La Bodeguita is open to everybody. If you’re gay, this is your home. If you’re Black, this is your home. If you’re White, this is your home. If you’re human, this is your home.”

Apparently BLM doesn’t see things that way.

via ZeroHedge News https://ift.tt/2Pla4DV Tyler Durden

Twitter Shares Slide As Company Faces $250 Million FTC Fine

Twitter Shares Slide As Company Faces $250 Million FTC Fine

Tyler Durden

Mon, 08/03/2020 – 18:13

Twitter shares shed more than 3% of their value in after-hours trading Monday evening when the company revealed in its 10-Q, filed Monday afternoon, that it had set aside between $150 and $250 million for a FTC fine allegedly over violations of a 2011 agreement to respect users’ data privacy.

A Twitter spokesperson told the Verge that the company only received word of the violation and potential fine on July 28, which is why it wasn’t included in its Q2 earnings report. Twitter reported its earnings for the quarter ended in June on July 23.

Under a section of its 10-Q entitled “Legal Proceedings”, Twitter revealed the allegations and potential fine, which are tied to the use of “phone number and/or email address data provided for safety and security purposes for targeted advertising during periods between 2013 and 2019.

On July 28, 2020, the Company received a draft complaint from the Federal Trade Commission (FTC) alleging violations of the Company’s 2011 consent order with the FTC and the FTC Act. The allegations relate to the Company’s use of phone number and/or email address data provided for safety and security purposes for targeted advertising during periods between 2013 and 2019. The Company estimates that the range of probable loss in this matter is $150.0 million to $250.0 million and has recorded an accrual of $150.0 million. The accrual is included in accrued and other current liabilities in the consolidated balance sheet and in general and administrative expenses in the consolidated statements of operations. The matter remains unresolved, and there can be no assurance as to the timing or the terms of any final outcome.

The Company is also currently involved in, and may in the future be involved in, legal proceedings, claims, investigations, and government inquiries and investigations arising in the ordinary course of business. These proceedings, which include both individual and class action litigation and administrative proceedings, have included, but are not limited to matters involving content on the platform, intellectual property, privacy, data protection, securities, employment and contractual rights. Legal fees and other costs associated with such actions are expensed as incurred. The Company assesses, in conjunction with its legal counsel, the need to record a liability for litigation and contingencies. Litigation accruals are recorded when and if it is determined that a loss related matter is both probable and reasonably estimable. Material loss contingencies that are reasonably possible of occurrence, if any, are subject to disclosure. As of June 30, 2020, except for the above referenced class actions, derivative actions and FTC matter, there was no litigation or contingency with at least a reasonable possibility of a material loss. Except for the aforementioned accrual of $150.0 million recorded in relation to the FTC matter, no other material losses were recorded during the three and six months ended June 30, 2020 and 2019 with respect to litigation or loss contingencies.

Ben and Jerry’s ice cream recently decided that it would cease advertising on Twitter to take a stand against the platform’s tolerance of “hate speech” (ie CEO Dorsey’s unwillingness to completely cave to the demands of the looney left and bar everyone with remotely conservative views, from the centrist political hack Andrew Sullivan, to Ben Shapiro, the left’s Public Enemy No. 1.

News of these latest abuses, and the government’s allegations that Twitter lied about these abuses when it first admitted these “errors” last fall, might entice more corporations to cut back on ad spending, and that could impact the company’s bottom line, or at least stir up enough investor anxiety to drive shares lower, making Twitter an even more attractive acquisition for another tech behemoth (since, if there’s anything we’ve learned from Microsoft’s courtship of TikTok, it’s that big tech deals aren’t REALLY verboten, so long as they serve a political interest).

If Microsoft can have TikTok, then why can’t, say, Alphabet, be allowed to buy Twitter, perhaps by agreeing to sign a pledge promising to purge Twitter of “hate speech”, perhaps by appointing a committee of SJWs to oversee it all content?

It’s just the latest piece of bad news for twitter, which is still reeling from last month’s embarrassing bitcoin hack.

We just recently learned that this attack was orchestrated by a 17-year-old from – where else? – Tampa, Florida.

Twitter has largely gotten a pass from the Trump Administration lately (Jack Dorsey was deemed not important enough to drag in front of Congress during last week’s historic hearings involving CEOs of 4 of the biggest tech giants). The FTC and DoJ are investigating Facebook, Amazon and Google for anti-trust abuses, and it’s become clear that last week’s testimony did little to slacken lawmaker’s thirst for the kill.

via ZeroHedge News https://ift.tt/39TgMud Tyler Durden

Democratic Socialists Of America Teams Up With Teachers Unions To Reform Schools

Democratic Socialists Of America Teams Up With Teachers Unions To Reform Schools

Tyler Durden

Mon, 08/03/2020 – 18:05

Submitted by Sovereign Man,

What happened:

The Democratic Socialists of America has endorsed the demands of some of the largest teachers’ unions in the US.

These are conditions that the unions say must be met before teachers are willing to return to teach public school during a pandemic.

For example, the unions say school should be cancelled this fall to allow more time for the pandemic to die down.

They could also use that time to retrofit schools with safety measures, using “a massive influx of federal funds” that the unions and Democratic Socialists are also demanding.

The unions also want to ban charter schools and school voucher programs… to combat Covid-19?

What this means:

And that is where the demands stop having much to do with Covid and start taking advantage of a crisis.

For instance, the DSA and unions also call for police-free schools.

We’ve covered plenty of school resource officers overreacting to student misbehavior. So it’s not like this is necessarily a bad demand, but what does it have to do with Covid?

Then they demand a “moratorium on evictions/foreclosures, providing direct cash assistance” to the community.

What does that have to do with school?

Again, they are using the crisis to push through a socialist agenda while everyone is worried and distracted.

And if these are the people running the schools, all the more reason to homeschool.

via ZeroHedge News https://ift.tt/3gqj2f1 Tyler Durden

Daily Briefing – August 3, 2020

Daily Briefing – August 3, 2020


Tyler Durden

Mon, 08/03/2020 – 17:55

Senior editor, Ash Bennington, joins managing editor, Ed Harrison, to reckon with the idea of whether a COVID-19 vaccine will be the “medical bailout” everyone is staking their hopes on. Ash and Ed give an overview of where many major nations are currently in their battle against the pandemic and consider if this new normal is truly sustainable in the long-term. They also discuss the continued move toward a virtual world, how this is an omen of absolute collapse in certain industries, and how the pandemic has become a politically charged subject in the midst of a US election cycle. In the intro, Nick Correa shares some of the data from the Household Pulse Survey, revealing the ways fiscal stimulus has made up a portion of aggregate spending for American consumers.

via ZeroHedge News https://ift.tt/33m61PZ Tyler Durden

US Treasury Set To Spend Trillions In The Next Few Months

US Treasury Set To Spend Trillions In The Next Few Months

Tyler Durden

Mon, 08/03/2020 – 17:45

Three months ago, in its then latest estimate of Marketable Borrowings published on May 4, the US Treasury shocked markets when it unveiled that in the April-June quarter it would borrow a humongous $2.999 trillion, exponentially higher than what it had expected to borrow during the quarter in its previous estimate in February when it forecast a $56 billion decline in debt. And while the projected debt number stunned the market, it barely registered on the price or yield of US Treasurys for the simple reason that just weeks earlier the Fed announced it would monetize all gross debt issuance for the US when it unveiled Unlimited QE, something it has been doing since.

This massive surge in debt issuance would also result in a far higher Treasury cash balance which would be used to pre-fund various fiscal stimulus programs, and as the chart below shows, that’s precisely what happened with the Treasury cash balance exploding from $400BN at the end of March to an record high just above $1.7 trillion currently, an amount that is just waiting to be spent as soon as Congress gives the green light.

In retrospect the cash surge was too much: in fact, more than double what the Treasury had expected on May 4. While the Treasury had forecast a $3 trillion increase in marketable borrowing for the quarter ending June 30, it also expected the cash balance to grow to $800 billion on that same date (shown highlighted in yellow on the table below).

And yet the final number ended up being over $922 billion higher, meaning that the Treasury had substantially overshot its funding need and had a cash buffer of nearly $1 trillion more than it had anticipated. 

So with all this extra cash in hand, did the Treasury reduce its debt need for the current quarter? As shown above, three months ago the Treasury expected that it would need to borrow $677BN in the final fiscal quarter of the year ending Sept 30, which while a massive number, was still well below the $2.753 trillion it ended up borrowing (just shy of the $2.999 trillion initial forecast, a number which was not hit due to “lower-than-projected expenditures and higher receipts largely offset by the increase in the cash balance.”)?

The answer, it will shock exactly nobody, was a resounding no because as it disclosed in its latest estimate of Marketable Borrowing needs, the Treasury once again surprised markets by announcing it would borrow a whopping $947BN this quarter, $270BN more than it had forecast a quarter ago, even though the Treasury started this quarter with a cash balance that is $922 billion higher than it had expected one quarter ago!

Source: US Treasury

Why this unexpected increase in debt even though the Treasury was starting off with nearly $1 trillion more in cash than originally budgeted? This is how it explains it.

During the July – September 2020 quarter, Treasury expects to borrow $947 billion in privately-held net marketable debt, assuming an end-of-September cash balance of $800 billion.  The borrowing estimate is $270 billion higher than announced in May 2020.  The increase in privately-held net marketable borrowing is primarily driven by higher expenditures, due to a shift from the prior quarter and anticipated new legislation, largely offset by the higher beginning-of-July cash balance and higher receipts.

In other words, not only will the Treasury draw down on $922 billion in cash in the calendar quarter the ends in less than two months…

… but it will also sell enough debt to raise an additional $881 billion (net) which will also end up being spent, suggesting that in the current quarter the Treasury plans on spending a gargantuan $1.8 trillion!

But that’s not all, because in its first glimpse of Oct-Dec quarter funding needs, the Treasury now expects to borrow another $1.216 trillion in privately-held net marketable debt, once again assuming that the end-of-December cash balance remains unchanged from the Sept 30 balance of $800 billion. This means that the Treasury will spend an additional $1.2 trillion in the quarter ending Dec. 31, assuming every dollar it raises in the open market is then promptly spent (since the cash balance remains unchanged).

According to the Treasury, “these estimates assume $1 trillion of additional borrowing need in anticipation of additional legislation being passed in response to the COVID-19 outbreak.”

So what does this mean?

First, when putting together the actual data for the first three quarters of fiscal 2020 and adding the Fiscal Q4 estimate of $947BN in new issuance, the Treasury will borrow a record $4.5 trillion in Fiscal 2020, more than it borrowed in the previous view years combined!

Second, it means that for calendar Q3 and Q4, the Treasury will spend almost $3 trillion consisting of:

  • i) a drawdown in cash from $1722 billion to $800 billion, for $922 billion, in the quarter ending Sept 30
  • ii) new debt issuance of $947 billion in the same quarter and
  • iii) new debt issuance of $1,216 billion in the quarter ended Dec 31

for a grand total of $3.085 trillion in new funds (either from spending cash or raising debt).

And even if the Treasury uses some of this cash to pay down maturing Bills (which we doubt as it will most likely keep rolling this short-term debt indefinitely with rates at all time lows), it still means that there will be nearly $3 trillion left for Congress and Trump to spend as they fit in order to boost the economy in the next few months to make sure there is no imminent economic crash. It also means that for all the posturing about whether the $1 trillion Republican or $3 trillion Democrat stimulus package is accepted, the Treasury is already budgeting for the latter.

Finally, with the presidential elections are looming, we hope that we don’t need to answer “why” – despite the Congressional theater – it is only a matter of time before this massive spending tsunami is unleashed.

via ZeroHedge News https://ift.tt/2Pn1qos Tyler Durden

Ted Cruz Isn’t the Only Politician Talking Nonsense About Tech Companies and Election Integrity

TedCruz

Today’s Reason Roundtable podcast begins with this gem of hyperbolic WTFery, from a politician people used to routinely characterize as both libertarian-leaning and smart, Sen. Ted Cruz (R–Texas):

Rountablists Nick Gillespie, Peter Suderman, Matt Welch, and special guest star Eric Boehm bounce from there to last week’s godawful congressional grilling of Big Tech execs, President Donald Trump’s election-delay trial balloon, the logistic headaches of counting mail-in ballots, the great TikTok wars, competing proposals for the next federal corona-package, and the deeply weird return of professional sports.

Audio production by Ian Keyser and Regan Taylor.

Music: “Wicked Things” by Quincas Moreira

Relevant links from the show:

What Should Have Happened at the Big Tech Antitrust Hearing,” by Austin Bragg and Andrew Heaton

Microsoft May Save TikTok From Trump’s Clutches, After President Proposes Ban on Chinese Video App,” by Elizabeth Nolan Brown

The Return of Sports Is Great. It’s Also Deeply Weird,” by Eric Boehm

Congress Wants To Regulate Big Tech. They Still Don’t Understand It,” by Elizabeth Nolan Brown

Don’t Expand Coronavirus Unemployment Insurance,” by Veronique de Rugy

Congress Used the Antitrust Hearing To Peddle Petty Grievances Against Amazon, Apple, Facebook, and Google,” by Eric Boehm

A Congressman Asked Mark Zuckerberg Why Facebook Censored Donald Trump Jr., but That Was Twitter,” by Robby Soave

Senate Republicans’ $1 Trillion COVID-19 Relief Bill Includes Billions for New Fighter Jets, Attack Helicopters, and Missiles,” by Christian Britschgi

The Next Coronavirus Stimulus Plan: More Spending, Smaller Unemployment Benefits, and Tax Breaks for Going Out To Eat,” by Eric Boehm

from Latest – Reason.com https://ift.tt/2PnGFZE
via IFTTT

Court Seals Name of Expert on Venezuelan Law

From Judge Katherine Polk Failla (S.D.N.Y.) last week in Petroleos de Venezuela S.A. v. MUFG Union Bank, N.A., a commercial dispute in which the judge may have to apply Venezuelan law, and would therefore consider a report of an expert on Venezuelan law:

On July 7, 2020, Plaintiffs filed a letter motion requesting that the Court compel Defendants to disclose publicly the identity of their Venezuelan law expert…. After carefully considering the parties’ submissions, the Court determined that Defendants had not made a sufficiently specific showing of potential danger to their expert were their expert’s identity to be publicly disclosed, and therefore ordered Defendants to submit further details, which the Court in turn would review in camera. On July 29, 2020, Defendants filed the requested submissions on an ex parte basis. Having now reviewed Defendants’ submissions, the Court finds that there is sufficient evidence of potential harm to Defendants’ expert that protection of the expert’s identity is warranted. Accordingly, Plaintiff’s motion to compel disclosure is DENIED.

The defendants had argued that,

In light of the volatile political and security situation in Venezuela, the expert has reasonable concerns that disclosure of the expert’s name would risk retaliation against the expert and the expert’s family and their personal safety. There is no public interest served in disclosing the expert’s identity, where the expert’s full opinions are available on the Court’s public docket and the expert’s identity is not at issue….

Representatives of the Guaidó administration, which is directing this litigation for PDVSA and its affiliates, have engaged in a months-long campaign of inflammatory rhetoric, not only against the Maduro regime, but against highly regarded independent figures who have been critical of the policies or actions of the Guaidó administration or Plaintiffs’ position in this case. As this Court is aware, the Guaidó administration has publicly charged that any Venezuelan legal scholar testifying for Defendants would be acting “contrary to what is ordered by the Constitution” and would be “trying to justify the actions of Maduro’s regime.” Similar vitriol has been directed against others who have questioned the administration’s litigation position. The Guaidó administration has falsely and baselessly accused holders of the 2020 Notes of conspiring with the Maduro regime to hand them control of CITGO, although, as the Court is aware from the summary judgment submissions, that accusation is not supported by a shred of evidence. See Ex. 1 at 7 (calling the 2020 Notes the “product of a conspiracy in which [] PDVSA participated.”)

Just last month, the former Special Attorney General publicly claimed that a highly regarded, politically independent Venezuelan economist, Francisco Rodríguez, who has written that the issuance of the 2020 Notes was “clearly legal” under Venezuelan law and has criticized the administration’s litigation strategy, was engaged in a corrupt conspiracy” with the Maduro regime and holders of the 2020 Notes. In interviews since
that time, individuals associated with the Guaidó administration have accused Rodríguez of “treason to the homeland” and “play[ing] for both teams.” This pattern of professional attack has also resulted in the resignation of Alejandro Grisanti from PDVSA’s Ad Hoc Board of Directors, following the “constant disparagement both in public and private” by the then-Special Attorney General “against everything he regards as being contrary to himself.” In that letter, Grisanti stated that he had expressed opposition to this lawsuit and called Plaintiffs’ strategy “misguided.” That the then-Special Attorney General continued to engage in such hostile conduct toward opponents of this litigation after this Court’s admonishments makes sealing Defendants’ expert’s identity all the more reasonable.

The expert’s legitimate concerns also extend to potential retaliation from the Maduro regime. The Maduro regime retains de facto control of PDVSA’s Venezuelan operations and Venezuela’s petroleum assets in that country. It would benefit financially, and would seek to benefit politically, from a victory by Plaintiffs that relieves PDVSA of a multi-billion dollar obligation. The Maduro regime, as Plaintiffs acknowledge, “has a well-documented record of persecution.” …

Moreover, Plaintiffs’ counsel knows the identity of the expert and has had the opportunity to challenge the expert’s statements and opinions, including through rebuttal reports and sworn declarations.

The plaintiffs had disagreed in their initial motion to require disclosure of the expert’s identity (the judge had declined to authorize a reply to the defendants’ arguments):

The only rationale offered for continuing to conceal their expert’s identity has been a purported concern for his safety. But, unlike Venezuelans who have been targeted by the Maduro regime for being part of or assisting the Guaidó Administration, there is no credible reason to believe that Defendants’ expert would be under threat if his involvement in this case were known. As the U.S. Government has recognized, the Maduro regime has a well-documented record of persecution, while the Guaidó Administration is devoted to restoring democracy and the rule of law.

I made some inquiries and got the sense that the concerns about the expert’s safety may be overstated. (The expert might be worried about harm to his reputation or professional connections, but that’s generally not a basis for keeping an expert’s identity secret.) At the same time, I obviously don’t know what’s in the sealed letter from the defendants that led the judge to agree with their confidentiality request. In any event, this struck me as an interesting and unusual example of confidentiality in the American legal system, so I thought I’d pass it along.

 

 

from Latest – Reason.com https://ift.tt/33lK6Z1
via IFTTT

Ted Cruz Isn’t the Only Politician Talking Nonsense About Tech Companies and Election Integrity

TedCruz

Today’s Reason Roundtable podcast begins with this gem of hyperbolic WTFery, from a politician people used to routinely characterize as both libertarian-leaning and smart, Sen. Ted Cruz (R–Texas):

Rountablists Nick Gillespie, Peter Suderman, Matt Welch, and special guest star Eric Boehm bounce from there to last week’s godawful congressional grilling of Big Tech execs, President Donald Trump’s election-delay trial balloon, the logistic headaches of counting mail-in ballots, the great TikTok wars, competing proposals for the next federal corona-package, and the deeply weird return of professional sports.

Audio production by Ian Keyser and Regan Taylor.

Music: “Wicked Things” by Quincas Moreira

Relevant links from the show:

What Should Have Happened at the Big Tech Antitrust Hearing,” by Austin Bragg and Andrew Heaton

Microsoft May Save TikTok From Trump’s Clutches, After President Proposes Ban on Chinese Video App,” by Elizabeth Nolan Brown

The Return of Sports Is Great. It’s Also Deeply Weird,” by Eric Boehm

Congress Wants To Regulate Big Tech. They Still Don’t Understand It,” by Elizabeth Nolan Brown

Don’t Expand Coronavirus Unemployment Insurance,” by Veronique de Rugy

Congress Used the Antitrust Hearing To Peddle Petty Grievances Against Amazon, Apple, Facebook, and Google,” by Eric Boehm

A Congressman Asked Mark Zuckerberg Why Facebook Censored Donald Trump Jr., but That Was Twitter,” by Robby Soave

Senate Republicans’ $1 Trillion COVID-19 Relief Bill Includes Billions for New Fighter Jets, Attack Helicopters, and Missiles,” by Christian Britschgi

The Next Coronavirus Stimulus Plan: More Spending, Smaller Unemployment Benefits, and Tax Breaks for Going Out To Eat,” by Eric Boehm

from Latest – Reason.com https://ift.tt/2PnGFZE
via IFTTT

Court Seals Name of Expert on Venezuelan Law

From Judge Katherine Polk Failla (S.D.N.Y.) last week in Petroleos de Venezuela S.A. v. MUFG Union Bank, N.A., a commercial dispute in which the judge may have to apply Venezuelan law, and would therefore consider a report of an expert on Venezuelan law:

On July 7, 2020, Plaintiffs filed a letter motion requesting that the Court compel Defendants to disclose publicly the identity of their Venezuelan law expert…. After carefully considering the parties’ submissions, the Court determined that Defendants had not made a sufficiently specific showing of potential danger to their expert were their expert’s identity to be publicly disclosed, and therefore ordered Defendants to submit further details, which the Court in turn would review in camera. On July 29, 2020, Defendants filed the requested submissions on an ex parte basis. Having now reviewed Defendants’ submissions, the Court finds that there is sufficient evidence of potential harm to Defendants’ expert that protection of the expert’s identity is warranted. Accordingly, Plaintiff’s motion to compel disclosure is DENIED.

The defendants had argued that,

In light of the volatile political and security situation in Venezuela, the expert has reasonable concerns that disclosure of the expert’s name would risk retaliation against the expert and the expert’s family and their personal safety. There is no public interest served in disclosing the expert’s identity, where the expert’s full opinions are available on the Court’s public docket and the expert’s identity is not at issue….

Representatives of the Guaidó administration, which is directing this litigation for PDVSA and its affiliates, have engaged in a months-long campaign of inflammatory rhetoric, not only against the Maduro regime, but against highly regarded independent figures who have been critical of the policies or actions of the Guaidó administration or Plaintiffs’ position in this case. As this Court is aware, the Guaidó administration has publicly charged that any Venezuelan legal scholar testifying for Defendants would be acting “contrary to what is ordered by the Constitution” and would be “trying to justify the actions of Maduro’s regime.” Similar vitriol has been directed against others who have questioned the administration’s litigation position. The Guaidó administration has falsely and baselessly accused holders of the 2020 Notes of conspiring with the Maduro regime to hand them control of CITGO, although, as the Court is aware from the summary judgment submissions, that accusation is not supported by a shred of evidence. See Ex. 1 at 7 (calling the 2020 Notes the “product of a conspiracy in which [] PDVSA participated.”)

Just last month, the former Special Attorney General publicly claimed that a highly regarded, politically independent Venezuelan economist, Francisco Rodríguez, who has written that the issuance of the 2020 Notes was “clearly legal” under Venezuelan law and has criticized the administration’s litigation strategy, was engaged in a corrupt conspiracy” with the Maduro regime and holders of the 2020 Notes. In interviews since
that time, individuals associated with the Guaidó administration have accused Rodríguez of “treason to the homeland” and “play[ing] for both teams.” This pattern of professional attack has also resulted in the resignation of Alejandro Grisanti from PDVSA’s Ad Hoc Board of Directors, following the “constant disparagement both in public and private” by the then-Special Attorney General “against everything he regards as being contrary to himself.” In that letter, Grisanti stated that he had expressed opposition to this lawsuit and called Plaintiffs’ strategy “misguided.” That the then-Special Attorney General continued to engage in such hostile conduct toward opponents of this litigation after this Court’s admonishments makes sealing Defendants’ expert’s identity all the more reasonable.

The expert’s legitimate concerns also extend to potential retaliation from the Maduro regime. The Maduro regime retains de facto control of PDVSA’s Venezuelan operations and Venezuela’s petroleum assets in that country. It would benefit financially, and would seek to benefit politically, from a victory by Plaintiffs that relieves PDVSA of a multi-billion dollar obligation. The Maduro regime, as Plaintiffs acknowledge, “has a well-documented record of persecution.” …

Moreover, Plaintiffs’ counsel knows the identity of the expert and has had the opportunity to challenge the expert’s statements and opinions, including through rebuttal reports and sworn declarations.

The plaintiffs had disagreed in their initial motion to require disclosure of the expert’s identity (the judge had declined to authorize a reply to the defendants’ arguments):

The only rationale offered for continuing to conceal their expert’s identity has been a purported concern for his safety. But, unlike Venezuelans who have been targeted by the Maduro regime for being part of or assisting the Guaidó Administration, there is no credible reason to believe that Defendants’ expert would be under threat if his involvement in this case were known. As the U.S. Government has recognized, the Maduro regime has a well-documented record of persecution, while the Guaidó Administration is devoted to restoring democracy and the rule of law.

I made some inquiries and got the sense that the concerns about the expert’s safety may be overstated. (The expert might be worried about harm to his reputation or professional connections, but that’s generally not a basis for keeping an expert’s identity secret.) At the same time, I obviously don’t know what’s in the sealed letter from the defendants that led the judge to agree with their confidentiality request. In any event, this struck me as an interesting and unusual example of confidentiality in the American legal system, so I thought I’d pass it along.

 

 

from Latest – Reason.com https://ift.tt/33lK6Z1
via IFTTT

Supreme Court Leaks Are Unfortunate, But This Wasn’t A Big Deal

My friend and co-blogger Josh Blackman paints a picture of a Supreme Court in deep crisis, perhaps all the fault of Chief Justice Roberts.  As Josh sees it, the Supreme Court Justices may be trapped in a toxic relationship, with no choice to be whistleblowers to let the public know of just how terrible the Supreme Court under Chief Justice Roberts has become.  Josh argues that Chief Justice Roberts must himself take the steps to salvage the situation, including personally interviewing every single employee at the Supreme Court (probably around 200 people) to find every leaker.  Josh gives the Chief Justice one year to turn the ship around or resign: “If by next July, Roberts cannot step up to this challenge—either through his own ineptitude or his own malfeasance—then he should step down from the Court.”

I see this very differently, to put it mildly. I thought I would say why.

(1) We seem to get various kinds of leaks from the Supreme Court every few years.  It’s really unfortunate. I think the Court would be better served if these leaks didn’t happen.  But they happen, and they have happened, from time to time.  Unfortunate, but not the crisis that Josh suggests.

(2) The leaks this time were really boring.  I mean, I get that everyone is fascinated by any leak from the Supreme Court.  But the leaks from Joan Biskupic’s series struck me as the least revealing, least interesting leaks I can recall.  They were mostly about what the Justices circulated amongst each other (stuff intended for every Justice and every law clerk) about their votes in various cases that ultimately became public.  Off the top of my head, I don’t think we learned anything particularly revealing or unexpected.  Josh paints a contrasting picture of a Supreme Court “tear[ing] itself apart,”  a “toxic” situation, a “crisis of confidence,””a whirlwind” that is “demolish[ing] the marble palace from the inside.”  But I don’t see any of that.  It seemed like, well, kind of a normal Term.

(3) If I understand Josh correctly, his view is that if the Chief Justice can’t stop other Justices from leaking, Roberts himself must step down.  That is so, Josh argues, because it is “his Court,” and as its leader, he is ultimately responsible. But it seems to me that each Supreme Court Justice has agency here. The Associate Justices don’t work for Roberts. He didn’t hire them, and he can’t fire them. And if one or more of them are hurting the Court by leaking, that is on them, not on the Chief Justice.  To be sure, the Chief Justice has a formal institutional role that other Justices don’t have. But I don’t see why that should make him responsible for their behavior.

 

from Latest – Reason.com https://ift.tt/33mWurR
via IFTTT