Short Circuit: A Roundup of Recent Federal Court Decisions

Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice.

The year 2020 has brought unprecedented crises. First, a global and deadly pandemic swept our country from coast to coast. It continues to cost Americans their lives, as well as their livelihoods, with over 40 million Americans unemployed in a devastated economy. And the video of a Black American dying at the hands of law enforcement, coupled with other killings, reignited festering issues with official misconduct. Long-standing laws and policies have exacerbated each of these crises. It’s time to reset. It’s time to upend the status quo and make 2021 a year of recovery. That’s why this week IJ launched the 2021 Initiative, a program to help state and local lawmakers draft tailored, impactful, and responsive legislation to create economic opportunity, increase availability of health care, and instill accountability in government. Click here to learn more.

  • While Massachusetts state troopers book a man for a DUI, he cuts his head and needs 11 staples. Officers say he accidentally fell head first into the toilet. The man says they deliberately walked him into something. A jury awards the man $78k after determining that one of the officers deliberately injured him and that all three officers assented to the use of excessive force and intended to cover it up—a conspiracy to violate the Fourth Amendment. First Circuit: Which is supported by the evidence.
  • Maine DEA obtain a dozen search warrants that lead to the discovery of lots of drugs and convictions for a dealer called Deuce. The First Circuit brings you its affirmance of Deuce’s convictions and, along with it, a Judge Selya vocab quiz: immurement, asseverational, aborning, dysphemism.
  • Tardigrades, also known as “water bears” and “moss piglets,” are fascinating microscopic critters that can survive in boiling hot springs, buried under layers of ice, and even in the vacuum of space. They also feature prominently in this copyright suit, in which the creator of a videogame in which tardigrades assist with instantaneous space travel sues the creators of Star Trek: Discovery, a recent entry in the Star Trek canon, in which tardigrades assist with instantaneous space travel. Will he win? Second Circuit: Shaka, when the walls fell.
  • Costco, purveyor of bulk toilet paper and 24-can packs of sparkling water, also sells engagement rings in a variety of styles. One is the Tiffany setting, a six-prong diamond solitaire. (Available for purchase is a 10-carat ring for a cool $400k.) These are not blue-box rings; they are unbranded rings from another vendor with the word “Tiffany” in display-case signs. Trademark infringement? District court: Yes. Pay $21 million. Second Circuit: Not so fast. A jury ought to consider whether the signs were confusing or the term was a generic descriptor used in good faith.
  • Rappers 50 Cent and Rick Ross have feuded for years. The current stage: 50 Cent’s lawsuit (brought as part of his bankruptcy) alleging that Rick Ross’s “In Da Club (Ft. 50 Cent)” remix violates 50 Cent’s common law right of publicity. But the Second Circuit doesn’t buy it, holding the claim is preempted by the Copyright Act.
  • Connecticut health officials fear eight people may have been exposed to Ebola, order them to quarantine for 21 days. Mid-quarantine, the CDC changes its policy to recommend no restrictions for people like these eight. But the quarantine remains with police stationed outside their homes. (None end up infected.) Unreasonable seizures or due process violations? Second Circuit: Well, it’s unlikely to reoccur, so they can’t seek prospective relief. And to the extent they sought damages, qualified immunity. Partial dissent: Gov’t power to prevent the spread of disease may not be exercised arbitrarily. The plaintiffs should be able to seek damages.
  • To grant licenses for at-home possession of a firearm, New York requires that applicants have “good moral character.” Which is neither unconstitutionally vague nor a violation of the Second Amendment, says the Second Circuit.
  • In this case from western Pennsylvania, “the District Judge’s law clerk conducted a one-hour-and-fifteen-minute unrecorded and untranscribed telephone conference where he advised counsel that the Judge intended to exclude the proposed expert report”—a conference that apparently led the defendant to plead guilty. Third Circuit: Unusual, inappropriate, vacated.
  • A three-judge panel of the Sixth Circuit achieved the rare sexpartite fracture, with Judge Moore writing for herself and Judge Siler with Judge Nalbandian dissenting; Judge Siler writing for himself and Judge Nalbandian with Judge Moore dissenting; and Judge Nalbandian writing for himself and Judge Siler with Judge Moore dissenting. The upshot? A jury will decide whether a prisoner found hanging in a Brown County, Ohio jail cell really committed suicide or the scene was staged by the guards who killed him.
  • Cleveland, Ohio EMT captain allegedly uses his personal Facebook page to make incendiary comments about the shooting of 12-year-old Tamir Rice. Cleveland fires him. He sues. Sixth Circuit: Because the Facebook posts addressed a matter of public concern, the captain’s firing at least implicates the First Amendment. For now, his case can proceed.
  • Alerted that a “creepy” car is parked (legally) on a street, two city of Euclid, Ohio police officers awaken the man sleeping in the driver’s seat. Following a struggle—in which one officer ends up in the passenger’s seat—the man slowly drives away. The seated officer repeatedly strikes the man, tases him, strikes him with the taser, and then shoots him to death after the car comes to a stop. Sixth Circuit: The shooting was unreasonable enough to violate the Fourth Amendment but not enough to trump qualified immunity. (The state-law claims may proceed, though). Judge Donald, dissenting in part: Qualified immunity should not shield the officer.
  • Federal inmate imprisoned in Forrest City, Ark. desires to hire someone to murder his ex-wife and her boyfriend. Posing as a hitman, undercover agent has lengthy written and in-person discussions with inmate, culminating in a written murder-for-hire contract. Prosecution under federal murder-for-hire statute ensues. And because the inmate was decidedly not entrapped, Eighth Circuit affirms, his conviction stands.
  • After sitting on the Missouri grand jury that declined to indict Darren Wilson (the Ferguson police officer who killed Michael Brown), a former juror sues to challenge the state’s grand-jury-secrecy law. Juror: The law violates my First Amendment right to talk about my experience on the grand jury. Eighth Circuit: If the First Amendment applies at all, it’s not violated here.
  • In 2016, California enacted a ban on possessing “large-capacity magazines”—firearm magazines that can hold more than 10 rounds. Which cannot be squared with the Second Amendment, holds two-thirds of a Ninth Circuit panel.
  • After the Supreme Court decided Citizens United v. FEC, nonprofits that are not generally required to disclose their donors began running political ads. Watchdog group sues the Federal Election Commission, alleging that federal law requires disclosure of donors to any group spending more than $250 on such ads and that the FEC is failing to enforce this requirement. FEC: We interpret the law to require disclosure only for contributions that are earmarked for political ads. D.C. Circuit: Nope. If a nonprofit spends more than $250 on political ads, it has to disclose the name of everyone who has given it more than $200 in the relevant reporting period.
  • And in en banc news, the Second Circuit will not reconsider its decision reinstating a case alleging that President Trump’s financial stake in certain businesses violates the Emoluments Clause. The denial features several dissents and dueling statements from senior judges unable to vote to take the case en banc but who nonetheless wish to share their opinions.

Friends, we hate to tell you this, but there’s a good chance that your state is CONning you. That’s because 35 states currently have “certificate of need” or “CON” laws that set hard caps on a variety of medical services, including much-needed ICU beds. A new IJ report details how this patchwork of decades-old laws hinders health care providers’ ability to meet the needs of the nation, and provides suggestions for reform.

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Suspect In Brutal Portland Head-Kicking Turns Himself In After Manhunt

Suspect In Brutal Portland Head-Kicking Turns Himself In After Manhunt

Tyler Durden

Fri, 08/21/2020 – 16:20

A 25-year-old man has turned himself in after Portland police launched a manhunt for him in connection to a brutal Sunday night attack on a man which put him in the hospital.

Marquise Lee Love was booked into the Multnomah County Detention Center on Friday after turning himself in just before 8:30 a.m. according to jail records.

“I am pleased the suspect in this case turned himself in and appreciate all of the efforts to facilitate this safe resolution,” said PPB Chief Chuck Lovell, according to Fox News. “Thank you to all of the members of the public who have provided information and tips to our investigators. Your assistance is very much appreciated.”

 Love was caught on video kicking victim Adam Haner in the head. Haner says he was yanked” out of his truck “before I even got my door open,” adding “I was just standing for myself as a citizen.”

“If you can’t do that on a street, then what can you do?”

Haner was seen on video revving the engine of his truck and slowly rolling the vehicle forward until he speeds away — all while people from the group can be seen running up to the vehicle, kicking and shouting at it. Just moments before he drove off, someone from the crowd was seen punching and jumping his girlfriend, who was identified in reports as Tammie Martin.

Shortly before 10:30 p.m. Sunday, police responded to a 911 call from someone who reported that protesters “chased a white Ford” 4×4 truck, which then crashed in the downtown area, according to a department press release. A caller told police an estimated nine to 10 people began “beating the guy,” the caller stated. –Fox News

“Investigators learned that the victim may have been trying to help a transgender female who had some of her things stolen in the area … where this incident began,” police said on Monday.”

Haner was transported to a hospital while still unconscious. He is now recovering at home.

via ZeroHedge News https://ift.tt/2QgGf86 Tyler Durden

Value-Rotation ‘Cancelled’ – Small Caps Slammed As Mega-Tech Meltup Accelerates

Value-Rotation ‘Cancelled’ – Small Caps Slammed As Mega-Tech Meltup Accelerates

Tyler Durden

Fri, 08/21/2020 – 16:00

After a brief moment in sanity (perhaps) that saw headlines proclaiming a “value rotation” was about to begin, growth stocks have been panic bid for 8 straight days…

Source: Bloomberg

Simply put, value-allocators “get nothing”…

Sending growth to a new record high relative to value (note the trajectory of the move is very deja vu all over again)…

Source: Bloomberg

In fact, the last 3 months of growth outperformance has only been outdone by 1932 and 2000…

On the week, Nasdaq soared as Small Caps dumped…

For yet another major swing in the Mega-Tech vs Small Caps weekly performance…

Source: Bloomberg

But breadth continues to confound…

Source: Bloomberg

And Nasdaq is really decoupled…

Source: Bloomberg

Apple shares continued to elevate adding simply stunning gobs of market capitalization every day ($110bn today!!)…

And TSLA won’t stop ahead of its split…

Treasury yields were all lower on the week with the long-end dramatically outperforming…

Source: Bloomberg

10Y Yields are back below 65bps…

Source: Bloomberg

The yield curve flattened notably this week (after last week’s huge steepening)

Source: Bloomberg

The dollar ended the week unchanged after a big roundtrip…

Source: Bloomberg

The dollar actually closed very very marginally lower at its lowest weekly close since June 2018 – making this the 8th weekly drop in a row (the longest streak since Aug 2010)…

Source: Bloomberg

Ugly week for crypto with Ethereum’s worst week since early May…

Source: Bloomberg

Did the DeFi boom just end?

Source: Bloomberg

Copper outperformed on the week, gold and oil ended around unchanged with silver gaining modestly..

Source: Bloomberg

Gold closed back below $2000..

It seems like someone will stop at nothing to keep WTI above $42…

Finally, since around 2000 – when the world started to be flooded with liquidity – Wall Street has done well… but Main Street “got nothing”…

Source: Bloomberg

Can you handle that truth?

“There’s this massive disconnect between fundamentals and markets,” said Brian Payne, investment officer at the Teachers’ Retirement System of Illinois.

There’s just too much capital chasing investments, the Fed is flooding markets and that leverage isn’t going to the real economy. As we approach the election and concerns over a ‘blue sweep’ grow, that could be the inflection point where people’s bullish sentiment turns bearish.”

Not only is ‘the market’ not the economy, it’s the opposite of the real economy?

via ZeroHedge News https://ift.tt/3j3EYgK Tyler Durden

‘Does Your Wife Know About Your Girlfriends?’: House Ethics Comm. Admonishes Rep. Gaetz Over Michael Cohen Slam

‘Does Your Wife Know About Your Girlfriends?’: House Ethics Comm. Admonishes Rep. Gaetz Over Michael Cohen Slam

Tyler Durden

Fri, 08/21/2020 – 15:50

Rep. Matt Gaetz (R-FL) was admonished by the House Ethics Committee on Friday after finding that his tweet to former Trump lawyer Michael Cohen about infidelity “did not violate witness tampering and obstruction of Congress laws,” but did not “reflect creditably” upon the House.

The tweet, sent in February, reads: “Hey @MichaelCohen212 – Do your wife & father-in-law know about your girlfriends? Maybe tonight would be a good time for that chat,” adding “I wonder if she’ll remain faithful when you’re in prison.

“She’s about to learn a lot…”

Gaetz later deleted the tweet after outcry from Speaker Nancy Pelosi (D-CA), who said Gaetz’s statement “can adversely affect the ability of House Committees to obtain truthful and complete information necessary to complete their duties.” 

In response, Gaetz said that “While it is important 2 create context around the testimony of liars like Michael Cohen, it was NOT my intent to threaten, as some believe I did. I’m deleting the tweet & I should have chosen words that better showed my intent. I’m sorry.”

And now, Gaetz is the recipient of one firm slap on the wrist, while Cohen sits at home with his wife on COVID release from prison.

via ZeroHedge News https://ift.tt/2QaAoB8 Tyler Durden

Turn Off Your Miserable Summer and Enjoy Simple Family Caper Comedy The Sleepover

sleepover_1160x653_1161x653

The Sleepover. Available now from Netflix.

Call it my own little bugaboo. But I laughed out loud when Kevin, the lovably loutish 7th-grade-dork protagonist of The Sleepover, learns that his smiley blonde mom is not actually the suburban blond cookie-pusher she appears, but an international-fugitive jewel thief who has been hiding out in the witness protection program, he cuts immediately to the horror-struck chase: “We’re CANADIAN?”

Netflix’s dystopian-family comedy The Sleepover, a daffy cross between the Home Alone movies and the caper flick of your choice, isn’t going to make anybody forget Lucille Ball or Married … With Children. But it’s got some good laughs—mostly, I’m sad to report, not involving Canadians—and holds the saccharine well below the diabetic level. As the dreary summer of 2020 fades and we have to face the most wretched presidential election since—well, since 2016, but still—this may be about the best we can hope for.

The un-June-Cleaver mom in question is Margot, played by a dressed-down Malin Akerman, the wife of reptilian hedge-fund trader Bobby Axelrod on the first three seasons of Billions. Kevin and his sister Clancy call her “boring!”—often—and they may err on the side of generosity: no job, a thoroughly neutered pastry chef for a husband, and she seemingly leaves the house only on days when she’s the volunteer cafeteria monitor at the kids’ school. (One tiny clue that Margot’s not quite the ‘burb Barbie she looks: When she smilingly warns some of the rowdies at school to quiet down or she’ll cut the brakes on their parents’ cars, sending them to a fiery death like pigs screaming in hell.)

But her cover story cracks wide open when some of Margot’s old gangbanger friends snatch her one night and demand that she pull one last job for them. Her kids, naturally, pursue, and lots of knives, bullets, karate kicks and wrecked cars are soon flying through air, all PG-rated but impressively staged. (The scariest stunt: The kids swim in Boston Harbor.)

Akerman plays her role well, if predictably, and that goes also for Ken Marino (Black Monday) as the mighty-thumbed pastry chef dad. And Joe Manganiello does a pleasantly fearsome turn as the gang boss. (The kids would have been even more scared of him if they knew he used to be a werewolf.)

Forget the grown-ups, though. The real strength of The Sleepover is the kids. Kevin and Clancy, played by Disney Channel regulars Maxwell Simkins and Sadie Stanley, are hilariously authentic as children united in loving contempt for their dorky dad and fascist mom.

Kevin in particular is a hoot whenever he opens his mouth—he’s a compulsive and utterly unskilled liar. Instructed to give an oral report on a family member, he breathlessly recounts how his astronaut grandfather learned how to grow crops in his own poop to survive a crash in outer space. When the teacher breaks in to tell him to shut up, he demands an explanation.

“For one thing, it’s the plot of The Martian,” the bored teacher replies. To which Kevin counters, in a tone of sweet reason: “Where do you think they got the idea?”

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Turn Off Your Miserable Summer and Enjoy Simple Family Caper Comedy The Sleepover

sleepover_1160x653_1161x653

The Sleepover. Available now from Netflix.

Call it my own little bugaboo. But I laughed out loud when Kevin, the lovably loutish 7th-grade-dork protagonist of The Sleepover, learns that his smiley blonde mom is not actually the suburban blond cookie-pusher she appears, but an international-fugitive jewel thief who has been hiding out in the witness protection program, he cuts immediately to the horror-struck chase: “We’re CANADIAN?”

Netflix’s dystopian-family comedy The Sleepover, a daffy cross between the Home Alone movies and the caper flick of your choice, isn’t going to make anybody forget Lucille Ball or Married … With Children. But it’s got some good laughs—mostly, I’m sad to report, not involving Canadians—and holds the saccharine well below the diabetic level. As the dreary summer of 2020 fades and we have to face the most wretched presidential election since—well, since 2016, but still—this may be about the best we can hope for.

The un-June-Cleaver mom in question is Margot, played by a dressed-down Malin Akerman, the wife of reptilian hedge-fund trader Bobby Axelrod on the first three seasons of Billions. Kevin and his sister Clancy call her “boring!”—often—and they may err on the side of generosity: no job, a thoroughly neutered pastry chef for a husband, and she seemingly leaves the house only on days when she’s the volunteer cafeteria monitor at the kids’ school. (One tiny clue that Margot’s not quite the ‘burb Barbie she looks: When she smilingly warns some of the rowdies at school to quiet down or she’ll cut the brakes on their parents’ cars, sending them to a fiery death like pigs screaming in hell.)

But her cover story cracks wide open when some of Margot’s old gangbanger friends snatch her one night and demand that she pull one last job for them. Her kids, naturally, pursue, and lots of knives, bullets, karate kicks and wrecked cars are soon flying through air, all PG-rated but impressively staged. (The scariest stunt: The kids swim in Boston Harbor.)

Akerman plays her role well, if predictably, and that goes also for Ken Marino (Black Monday) as the mighty-thumbed pastry chef dad. And Joe Manganiello does a pleasantly fearsome turn as the gang boss. (The kids would have been even more scared of him if they knew he used to be a werewolf.)

Forget the grown-ups, though. The real strength of The Sleepover is the kids. Kevin and Clancy, played by Disney Channel regulars Maxwell Simkins and Sadie Stanley, are hilariously authentic as children united in loving contempt for their dorky dad and fascist mom.

Kevin in particular is a hoot whenever he opens his mouth—he’s a compulsive and utterly unskilled liar. Instructed to give an oral report on a family member, he breathlessly recounts how his astronaut grandfather learned how to grow crops in his own poop to survive a crash in outer space. When the teacher breaks in to tell him to shut up, he demands an explanation.

“For one thing, it’s the plot of The Martian,” the bored teacher replies. To which Kevin counters, in a tone of sweet reason: “Where do you think they got the idea?”

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Immigration Nation Brilliantly Captures the Brutal Logic Behind America’s Immigration Enforcement Regime

It doesn't need to exist

Netflix’s Immigration Nation is a damning portrayal of Immigration and Customs Enforcement (ICE). And yet it is not damning enough! The directors of the six-part series, Christina Clusiau and Shaul Schwarz, got unprecedented access to the inner workings of the agency tasked with enforcing America’s Kafkaesque immigration system, but the most oppressive side of the agency—where sexual and other abuse occurs on a regular basis—remains hidden from the camera.

Still, the glimpse we get reveals an agency that thinks nothing of inflicting the cruelest punishment for the smallest offense, and sometimes for no offense at all—all because the people concerned were born on the other side of the border.

Given just how secretive ICE is, Clusiau and Schwarz pulled off a small miracle by using their pre-existing relationship with an ICE spokesperson to embed themselves in the agency just when President Donald Trump assumed office. For the next three years, they followed ICE around the country, from New York to Texas to Arizona, watching agents conduct raids, debate enforcement tactics, and plot media strategy while blithely upending—and ending—lives.

The documentary, whose more incriminatory parts the Trump administration tried to suppress, opens with a pre-dawn ICE raid on undocumented immigrants in New York. The raid marks the first day of the weeklong Operation Keep Safe—whose actual purpose, contrary to its name, was to instill fear. One ICE agent gushes as he gets ready for action: “I love my job.” A Hispanic agent, on the first day of his job, is giddy: “It’s Christmas for us.” Another exults that the change of administration means “it’s a different world now” where the “floodgates have opened.”

But who exactly is getting swept away? Not folks with serious criminal histories. ICE’s own records show that only 13 of the 225 people arrested during that operation had serious crimes on their record. The vast majority of those arrested either had committed minor misdemeanors, such as DUIs, or were that unfortunate breed called “collaterals.”

Collaterals are undocumented people who have committed only visa violations—akin to speeding in a rational world—but happened to be in the vicinity when ICE came looking for someone else. If any agent has qualms about going after them, those reservations dissolve as the pressure of filling arrest quotas kicks in. ICE agent Brian’s experience makes this abundantly clear. Just when he was expressing his distaste for the practice, he got a call from his supervisor, who tells him “I don’t care what you do” just “get me two” arrests.

None of this is news to anyone who follows the issue. But what’s jaw-dropping is to watch ICE agents openly bend and break the rule of law in the name of…enforcing the rule of law.

A typical Operation Keep Safe raid involved scores of agents surrounding an apartment building, stealthily climbing the stairwell, and banging on doors. By law, ICE agents can’t enter and arrest until they are asked in. So how did they obtain an invitation? By lying and identifying themselves as police. If someone protested on seeing who they really were, the reaction essentially was “Tricked ya!”. The agents then calmly go about the grim business of handcuffing dazed fathers (and sometimes moms) while ignoring the pleas of their shell-shocked spouses and wailing children.

Or that’s what the relatively well-behaved agents did. The really out-of-control ones went further. The documentary shows one attempting to break in by picking an apartment building’s lock, apparently unperturbed that he was being filmed.

Nor is that the worst of it.

In Charlotte, North Carolina, local immigration activists turned Sheriff Irwin Carmichael’s cooperation with ICE via the 287(g) program into a huge issue in his 2018 reelection bid. This program is essentially an ICE “force multiplier,” as one official puts it: It allows ICE to deputize local officers for enforcement purposes and use local jails to park unauthorized immigrants much longer than their original offense merits, until ICE whisks them away for deportation. (When some activists got into a heated exchange about this with an official at a press conference, he responded: “One more profanity and I’ll pick you up myself.”) The activists won, and Carmichael’s replacement scrapped the program on his first day.

ICE instantly started plotting reprisals. Over the ensuing weeks, it assembled 50 agents and created six transport teams to patrol Latino neighborhoods, often in unmarked cars, looking for anyone who looked unauthorized. Racial profiling was of course rampant. They stopped Latino work crews at traffic lights, intersections, and gas stations on the smallest of pretexts, such as a broken tail-light. Unless they claimed to be U.S. citizens, the agents would intimidate them into being fingerprinted on a mobile machine, arresting them on the spot if no match was found.

The upshot was even more terror. And that was exactly the point, as Bryan Cox, ICE’s public affairs spokesperson openly admitted. Anti-287(g) activists, he explained, have to be taught that scrapping cooperation with ICE will result in more—not fewer—deportations. “You thought we were bluffing and whatnot?” he smirked. “The whole goal here is to get them to change their policy.” Plainclothes off-duty ICE agents started attending activist meetings. ICE’s answer to Americans protesting its reign of terror against immigrants was a reign of intimidation against the protesters.

ICE and its sister agencies terrorize immigrants not just through its enforcement squads and detention camps, but by weaponizing its bureaucracy.

In recent days, reports have surfaced that immigration authorities—in an administration allegedly dedicated to slashing red tape—have quietly adopted a no-blanks policy that rejects visa applications if any part of a form is left unfilled. If someone does not have a middle name and skips that line, their petition gets thrown out. Ditto if they leave out the apartment number because they live in a house. The strategy is to make the process so hard for people who are trying to do it by the book that they abandon their quest to live in the United States.

One of the most heart-wrenching stories in Immigration Nation shows how the immigration bureaucracy chews up and spits out Carlos Perez. As a police officer in El Salvador, he offered intel on Salvadoran gangs to the New York Police Department. When the gangs found out, he and his wife fled, at one point swimming across a river with their two toddlers strapped to their backs. The precise details are a bit fuzzy, but it seems Perez sought asylum and was released into the country with work authorization, which he dutifully renewed on a regular basis. But his lawyer forgot to file a formal petition—something that occasionally happens because these migrants are too poor to buy quality representation and don’t have the language skills to navigate the byzantine system themselves. Many years later, when ICE realized this, it took Perez into custody. And after some months, ignoring his pleas that he’ll be killed if he returns home, sends him packing back. The fact that he had risked his life to help American law enforcement counted for nothing against his trivial lapse in paperwork.

At one point, we see him calling his family from a detention camp prior to deportation. He poignantly gives his son, a teenager who has to prematurely step into his dad’s shoes, instructions on making car payments and other such business. The ICE supervisor, who had total discretion over Perez’s fate, admits that Perez was trying to play by the rules. But in the end, he says, he gets “an inherent kind of satisfaction—I won’t say ‘joy’—in removing people who don’t belong in the country regardless of public sentiment.”

After Perez’s deportation, his son drops out of school, cashes in his meager savings, and tries to support the family. “I’ve lost all faith in the U.S. government,” he mourns.

The documentary also introduces us to Cesar Lopez, a U.S. marine veteran turned translator, who was refused entry when he tried to return from an assignment in Central America because he had a 12-year-old marijuana conviction on his record. He had to sneak back via Mexico to rejoin his wife. The only legal way for him to return would have been to die, because then his remains would be brought back for a military funeral.

Cesar’s story, unlike Perez’s, has a happy ending—one of very few in the series. After a herculean effort, he eventually gets a pardon from the governor of New Mexico.

When the administration adopted its zero tolerance policy, the filmmakers captured the horror show in real time because their crew happened to be at the El Paso detention center when it began. They capture scenes of grown men weeping uncontrollably because their kids had just been snatched from them. The story that will break every parent’s heart comes when a Honduran mother describes how her toddler behaved when he was reunited with her after months of separation. He would timidly raise his hand before asking her questions. Using the bathroom was stressful for him because he wasn’t toilet trained when he was ripped away, and whoever trained him used force.

And then there is the 63-year-old Guatemalan woman—petite, frail, terrified, and the furthest thing from a threat to the United States—who fled her country with her 12-year-old granddaughter. According the grandmother, an MS-13 gang member took a fancy to the preteen and demanded that grandma let him marry her or he’d kill them both. The two traveled for 10 days by land to reach the U.S. border and immediately turned themselves in at a port of entry, exactly as legally required. The granddaughter was released from detention after two months to join her mom, who lives in the U.S. The grandmother, however, was held in detention for 17 months—illegally, her lawyer claims, since she met the test for being released into the country while her asylum petition was considered. But she was a pawn in the Trump administration’s deterrence game, so the rules didn’t matter.

Her petition was eventually rejected. Before her lawyer could file an emergency appeal—as is perfectly in keeping with the rules—she was deported in the dead of the night. She wasn’t even allowed a phone call to bid her granddaughter good-bye.

Story after story in Immigration Nation shows how the government systematically games and breaks the rules to keep immigrants out. Yet one ICE agent smugly tells unauthorized immigrants, as he leads them to the bridge back to Mexico, to “try to do it the right way” next time, because, the right way is “always the best way.” He seems oblivious to the fact that even before Trump arrived on the scene and gutted legal immigration, few options to come in the “right way” existed for low-skilled migrants: Every administration since President Lyndon Johnson has been slamming doors in their faces.

Johnson scrapped the Bracero program that had allowed Mexican guest workers to come and go relatively easily, following the demand for their labor in this country. That program was never replaced with anything remotely analogous. (Currently, there is no queue where low-skilled migrants can wait to obtain a full-year legal work visa.) After President Ronald Reagan offered amnesty to the undocumented immigrants who had gathered in the shadows since the Bracero program ended, the incensed nativist right (along with leftist labor unions) browbeat President Bill Clinton into putting border enforcement ahead of visa reforms. Ever since, every president has doubled down on the first and backed off from the second in an effort to appease the restrictionists, who keep moving the goal post.

Clinton criminalized immigration, making nonviolent offenses that are relatively minor infractions under U.S. criminal law deportable aggravated felonies under immigration law. He also sealed off the San Diego corridor that migrants had commonly used to come to the United States. So instead they walked through the harsh Arizona desert, in extreme temperatures, without food or water, relying on human coyotes or smugglers—all of which the documentary captures in horrific detail.

The Clinton administration knew that rerouting the migrants would result in more deaths. Indeed, that was the point. The UCLA archeologist Jason De Leon, who excavates human remains in the desert, notes that one of the official metrics used to gauge the success of this “prevention through deterrence” policy was the number of migrant deaths. The government couldn’t go and shoot 3,000 migrants in the desert, he noted. But it thought nothing of consigning 3,000 migrants to their deaths if it could be chalked up to the travelers’ decision to put themselves in harm’s way.

One of the concluding stories in Immigration Nation features Camerina Santa Cruz, a Tucson-based mother whose 20-plus-year-old son, Marco, lived in Nogales, Mexico, 63 miles away—shorter than some Americans’ commute to work. Marco was denied a visa to join her in America. So he decided to make the schlep through the Sonoran desert with some buddies and disappeared. She kept waiting for him to show up for five years. Then one day she learned from the Pima County Medical Examiner that they had matched his DNA to partial remains they’d retrieved from the desert. We watch her drive to the examiner’s office, dressed all in black, to bring her son home.

Reason has long argued that immigrants who come to the United States to work hard and live in peace are an unmitigated blessing. But let’s assume, arguendo, that their economic and cultural costs make them a net negative. Would that make America’s border wars rational? Not too many who watch this documentary with an open mind and a heart would say yes. The series shows that the more America cracks down on the border, the more it has to crack down. Every round of brutality begets another, still more brutal round. There is no brutality equilibrium that can buy America lasting deterrence. As one unsentimental agent puts it, when it comes to hunting the “human species,” the hunter is always behind the curve because the prey is adapting faster than him. The border jumpers are always “a little bit smarter than you,” he says. So the hunter compensates for what he lacks in smarts by ratcheting up his brutality level.

That’s the tragic logic that Immigration Nation brilliantly captures.

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Broyhill Warns, The First Half A “W” Looks A Lot Like A “V”…

Broyhill Warns, The First Half A “W” Looks A Lot Like A “V”…

Tyler Durden

Fri, 08/21/2020 – 15:30

Excerpted from Broyhill Asset Management’s latest letter to investors,

“The fundamental cause of the trouble is that in the modern world the stupid are cocksure while the intelligent are full of doubt.”

– Bertrand Russell

If you had slept through the first six months of the year, only to open your statements in June, it might seem as if you hadn’t missed much. Major market indices ended the first half of the year not far from where they started. But the path to get there was anything but normal. Markets cycled through all five phases of a bubble outlined by Charles Kindleberger’s classic, History of Financial Crises – displacement, boom, euphoria, distress, and panic – in a matter of days rather than years. The S&P lost a third of its value over the course of a few weeks during the first quarter – the quickest such loss since 1933 – only to post its largest quarterly gain since 1998 in the second quarter.

Market Commentary

The first half of a “W” looks an awful lot like a “V” . . .

Markets are at all-time highs. And yet, investors are led to believe that today’s record valuations are accurately discounting the worst economic collapse in a century caused by the worst global pandemic in a century, record levels of unemployment, the prospect of significantly higher tax rates, escalating geopolitical and election risks, growing anti-trust risk for the world’s largest businesses, along with virtually zero earnings visibility. If this doesn’t confuse you, you’re probably not doing it right.

Recoveries from bear market bottoms always begin before the end of a recession. But on any measure, this cycle has been excessive. And yet, the extent of the retracement varies widely. To start, the massive outperformance of the US versus the rest of the world is almost entirely attributable to six stocks. Remove these and the remaining S&P 494 doesn’t have much to show for it.

On many levels, recent moves in the technology sector are justifiable – as the pandemic has ravaged industries like travel and leisure, it has accelerated change in others. But today’s tech darlings aren’t the only peculiar divergence this year. Large, liquid businesses with ample access to capital have trounced smaller, less liquid stocks with limited financing flexibility. And perhaps more than any other factor, a firm’s balance sheet has been the single greatest driver of performance this year. If you did nothing else, but buy good balance sheets and avoid weak ones, you’ve done better than most.

While the many oddities within the market are puzzling enough, the most striking aberration is the gap between asset prices and economic fundamentals. To paraphrase Jeremy Grantham, today’s market is valued at levels only seen maybe 10% of the time, while the economy is bouncing around at recessionary levels only seen maybe 10% of the time. And yet, economists attempting to forecast the shape of any economic recovery are even more useless than ever, since the path of the pandemic is the only variable that matters. Unfortunately, it’s a variable that’s proved more difficult to predict than the economy itself.

In The Devil’s Financial Dictionary, Jason Zweig defines certainty as:

“An imaginary state of clarity and predictability in economic and geopolitical affairs that all investors say is indispensable—even though it doesn’t exist, never has, and never will.”

In the real world, uncertainty is everywhere. We don’t know the likelihood or the severity of a second (or third) wave, or when COVID will no longer be a risk factor cited in SEC filings. So we can’t know how the economic recovery will progress. We don’t know how many businesses will cease to reopen their doors1. So we can’t know if those jobs will still exist in the future or how long it will take for the unemployed to get back to work.2 We don’t know if record stimulus will create rampant inflation or if the lagging effects of a financial crisis will unleash lingering deflation. So we can’t know what an “appropriate” discount rate is to value assets.

What we do know is that we have never seen stock prices at such extremes coincide with this degree of uncertainty. We also know that living in an imaginary world of certainty can create big problems managing money in the real world.

We don’t have all the answers. We never do. The best we can do is gather evidence to judge the likelihood of various outcomes and place our bets accordingly. Given the range of outcomes today and the elevated uncertainty around those outcomes, it seems foolish to make big bets here.

Thus far, in the tug of war between “liquidity” and fundamentals, liquidity appears to have won. But best not to celebrate too soon, as risks are building alongside extreme valuations, reflecting a dangerous level of certainty in asset prices today. Reopening before the virus is fully controlled suggests that the initial economic bounce may stall alongside rolling shutdowns. And while fiscal policy has supported the consumer thus far, these measures will soon expire, weighing on growth in 2021.

Even a brief pause in the nonstop wave of liquidity could force a sharp reversal in asset prices which lack any hint of fundamental support. It’s no wonder insiders are dumping stocks at a record pace after buying aggressively in March. Investors would be wise to recall the sage advice of Bernard Baruch- “The main purpose of the stock market is to make fools of as many men as possible.”

Speaking of fools…

“…The stupid are cocksure and the intelligent are full of doubt.”

– Bertrand Russell

““I’m just printing money . . . Losers take profits. Winners push the chips to the middle. … I should be up a billion dollars . . . I’m the new breed. The new generation. Nobody can argue that Buffett is better at the stock market than I am right now. I’m better than he is. That’s a fact.”

– David Portnoy, Founder of Barstool Sports

The more we learn, the more questions we have. But the reverse is also true. The fewer questions we ask, the less we know. This is why poor students often feel more successful than the brightest in the bunch. They lack insight into their own limitations. In other words, without an appreciation for the vast body of knowledge out there, it’s impossible to know how little they know. The first principle is that you must not fool yourself – and you are the easiest person to fool.

In the field of psychology, this cognitive bias is known as The Dunning–Kruger Effect. It comes from the inability of people to recognize their lack of ability. Without self-awareness, it can be challenging to evaluate competence or the lack thereof. Said differently, the more incompetent you are, the less you’re aware of your own incompetence. Which brings us back to the current speculative and irrational exuberance which, in many ways, dwarfs the heydays of 1999. With the advent of social media, today’s day traders have taken on a whole new form, reaching almost rockstar status. Cooped up at home, armies of “Retail Bros” are pouring money into SPACS and bankrupt stocks, making reckless bets, without any consideration or knowledge of the risks they are taking.

As it turns out, the recipe for unbridled, rampant speculation is simple. Start with one Robinhood account, with zero-commission trades executed from your iPhone. Add one Twitter account, along with all of your unemployed friends and hundreds or thousands of bots created from Mom’s basement. And throw in a gambling itch that desperately needs to be scratched thanks to the lack of sporting events to bet on, and you have today’s full-blown mania.

Needless to say, what we are seeing in the market today is anything but healthy behavior and, consequently, we are more worried than ever about the implications of how this unwinds.

Take a moment to consider the following headlines:

Now compare them to those below:

One washed up investor that is apparently no longer relevant once said that, “It’s only when the tide goes out that you learn who’s been swimming naked.” Despite today’s day traders propensity for skinny-dipping, our preference remains in line with other veteran investors and in keeping our pants on.

The “Retail Bros” are enjoying the rush from “easy money” at the moment. But there is nothing easy about this game. And gambling with the house’s money is most dangerous when it looks easiest. Rolling the dice with boundless optimism is not a sustainable investment strategy. Gamblers from shuttered casinos should know better. The house always wins. Thinking otherwise is what prevents the long-term growth of capital – speculative, short-term gains are eventually wiped out by occasional and unpredictable tidal waves. This is why compounding at even low rates of return can turn a small pool of capital into a very large one over the long term. Today’s overconfident amateurs might be well served to hire a couple of experienced analysts – Mr. Dunning and Mr. Kruger.

There is some good news when it comes to bubbles. Every one of them eventually bursts. And when they do, investors with both their capital and courage intact are among the few positioned to scoop up the incredible bargains left behind. Which brings us to our final point.

Credit Where Credit Is Due

In the current race between the collapsing global economy and government attempts to prop up asset prices, governments appear to be winning. In order to keep employees working at those companies with even a slim chance of remaining in business, policymakers unleashed the largest wave of liquidity the world has ever seen, offering free money for anyone and everyone who needs it (and even those that don’t).

As a result, capital markets are no longer properly pricing risk. Nowhere is this more evident than today’s credit markets, where companies are currently issuing debt at record low yields.

Central banks have hoovered up corporate debt under the false pretext of helping the middle class. The result: the Fed is now a top shareholder of LQD, JNK, VCHS, and VCIT, to name just a few. But no amount of Fed buying can fix the bad balance sheets of bad businesses.

Jerome Powell can’t plug these leaks forever. Like the little Dutch boy trying to plug the dike, he’ll eventually run out of fingers.

Making matters worse, businesses aren’t borrowing to fund productive investments. In the years preceding the downturn, managements issued debt to buy back stock and offset dilution from excessive compensation. Today, companies are levering up even more aggressively to plug holes in overburdened balance sheets. These holes are unlikely to get filled in any time soon.

Credit excesses were extreme before COVID was part of the world’s vocabulary. They are beyond extreme in its aftermath. As central bank intervention re-opened the tap, issuers rushed to raise liquidity to buffer them through the shutdown. Debt issuance is running at the fastest rate on record. In just the last four months, companies raised $3.9 trillion in new corporate debt, the largest amount of capital market activity ever recorded. Businesses that were already running with record leverage heading into the year piled on more leverage in response to the crisis. Eventually, something’s gotta give. When you combine record levels of corporate leverage, with record low credit spreads and the worst economic conditions in a century, you have a recipe for disaster.

There is simply no historical precedent for this behavior. In the past, corporate debt has always receded in recession as businesses cleanse the excesses of the previous cycle. Not this time. Financial imbalances that grew unchecked over the last 12 years are now more extreme than ever. Never before in financial market history have we experienced anything like this.

Over 100 companies have already cited COVID-19 as a reason for bankruptcy filing this year. There are more to come as companies are still doing the opposite of what they should be doing to clean up bad balance sheets. Which is why Edward Altman, creator of the Z-score, predicts a surge in “mega-bankruptcies” this year.7 “When there is an increase in insolvency risk, what you do not need is more debt. You need less debt.” Unprecedented cash burn and lingering unemployment will keep pressure on operating companies for some time and provide a continued supply of distressed opportunities.8 The burst of issuance we’ve seen this year may postpone insolvency for a bit, but at the cost of a much greater problem down the road.

Our view is that the sheer magnitude of this credit expansion combined with the greatest economic uncertainty we’ve ever experienced, will set the stage for the best opportunity for distressed investing that we’ve seen in the last decade. Maybe ever. Record debt issuance on top of record debt outstanding is probably not the best solution to this crisis. But it does provide patient investors with an excellent opportunity to generate equity like returns with significantly more protection from a position higher in the capital structure. Consequently, we’ve spent an increasing proportion of our time over the past few months researching the opportunity set and thinking through exactly how we want to be positioned for the coming wave of opportunity.

We plan to allocate capital across various subsectors of the credit market with investments in both stressed and distressed corporate debt, in addition to various structured credit vehicles. Given our growing excitement for this opportunity, we have decided to put a dedicated vehicle together to provide our partners with access to our best ideas in the space. For current or prospective investors who would like to learn more, please contact Tim LeRoux at tim@broyhillasset.com.

Bottom Line – Unsustainable Stock Prices

If markets are trading at half of today’s levels in a year or two, it will seem obvious to everyone in hindsight, that today’s stock prices and extreme divergences were completely unsustainable. It will have also been a very painful couple years for those that ignored them.

Current investor enthusiasm notwithstanding, risk management has never been more important. Fortunately for us, capital preservation has always been our primary focus since this family office was founded in 1980. While traditional approaches to investment management (either implicitly or explicitly) accept the fact that they will periodically see their net worth cut in half, we just don’t find that acceptable.

Big losses, like those experienced in March, can shake investor confidence even more than their bank accounts. Decision-making under such stress is far from optimal. As a result, aggressive investors that may have enjoyed the fruits of a bull market, often see those fruits spoil. A more disciplined approach, which allows gains to accrue more slowly, often ends up with a much larger basket of fruit to enjoy.

The consensus is eager to look past today’s earnings, through to next year’s v-shaped rebound in profits. But we are a long way from anything that resembles normal, as profit margins are likely to remain depressed by revenue shortfalls and incremental costs for years. As a result, today’s stock prices, still levitating near all-time highs, leaves little margin of safety and even less to get excited about. One might even say that today’s stock market offers a false sense of securities.

In closing, we want to encourage everyone to stay safe during these trying times and to adopt responsible social distancing. In turn, we will do our best to ensure your portfolio practices prudent “market distancing” and remains protected from the virus of “exuberant, irrational valuation.”

Sincerely,

Christopher R. Pavese, CFA

Chief Investment Officer

Broyhill Asset Management

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The Market Is “Addicted To Dove” But BofA Sees Troubling Signs Ahead

The Market Is “Addicted To Dove” But BofA Sees Troubling Signs Ahead

Tyler Durden

Fri, 08/21/2020 – 15:10

No matter what one throws at it, the stock market – led by a handful of tech stocks – keeps rising and according to BofA’s Chief Investment Strategist the reason is that it has become “addicted to love.

Writing in his latest Flow Show, the BofA CIO notes that the “unadulterated success of Fed’s “financial repression” is shown via 2020 collapse in volatility, yields, credit spreads, particularly in light of US corporate bond issuance annualizing $2.5tn in 2020 (IG $2.1tn, HY $0.4tn).”

But this addiction can come to an end in just one week if the Fed confirms “peak liquidity” at the August 27th Jackson Hole & Sept 16th FOMC when the key “floors” for MOVE (40), VIX (20), 10-year UST (50bps), HY spreads (500bps), IG spreads (125bps) hold and “peak policy” correction in risk assets occurs. Of course, if Powell says nothing that the speculative mania will continue unabated.

Jackson Hole aside, Hartnett sees an “autumn of Fine-Tuning” where a “messy but obvious Aug/Sept/Oct shift in health/fiscal/monetary policy to “fine-tuning” the trade-off between vaccine & virus, jobs & deaths means the nascent rotation trades (commodities vs credit, HY vs IG, value vs growth, small vs large) have been blunted”…

… as the BofA “reopening portfolio” remains in relative trading range with “lockdown portfolio.”

Looking beyond the autumn, the BofA strategist sees further risks due to a bigger picture that is “less positive for growth stocks” – Apple’s market cap ($2tn) almost equivalent to UK FTSE index ($2.2tn); duration of secular bull market in growth>value 6 months away from being longer than the Jul’26 to May’40 growth bull, while the magnitude of growth outperformance Apr-June’20 almost as powerful as the Oct’32 and Jan’00 periods.

Meanwhile, “the exogenous catalysts of 2020” which include 800k COVID deaths, 50mn unemployed, $10tn GDP loss, 173 rate cuts, $8.5tn in QE, that’s $1.6bn/hour will not be repeated in the next 12 months… unless of course there is yet another, even bigger crisis next year.

Looking further ahead BofA sees the bigger picture once again as more positive for value (assuming there are any value investors left) as secular themes of Bigger Government, Smaller World, Dollar Debasement drive Main St inflation: the fiscal stimulus ($12.1tn) is now dwarfing monetary stimulus ($8.5tn), meanwhile the “US dollar in bear market & bear markets of 1970s & 2000s were outperforming decades for EM equities, commodities, small cap, and value stocks, and broken global and local supply chains will cause frictional inflation (vaccine & virus to improve), but wage increases will still be necessary to drive labor back to school and back to office.”

In other words, with everyone and the Fed expecting zero rates for years to come, keep an eye on inflation making a comeback, something which the Fed may hint at as soon as next week.

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Bitcoin Versus ‘The Man’

Bitcoin Versus ‘The Man’

Tyler Durden

Fri, 08/21/2020 – 14:50

Authored by Tom Luongo via Gold, Goats, ‘n Guns blog,

Bitcoin and cryptocurrencies are headline news again. DeFi – Decentralized Finance – tokens like LINK and others have exploded in recent weeks, capturing speculators’ imaginations.

But more importantly, given the day-to-day fragility of the capital markets and the political reality they reflect, governments are scrutinizing cryptocurrencies harder.

From the U.S. to China to Russia, governments are drafting laws and rewriting rules to disadvantage the use of cryptocurrencies. This is the main argument against them by hard money advocates and others who maintain that all that has to happen to destroy bitcoin is for the governments to make them illegal.

If that were to happen bitcoin would drop to $10 overnight, they say. I can’t tell you how many times I’ve heard this coming from the mouths of men who, honestly, should know better.

Because I have three words for you that blow open big gaping holes in that argument.

The Pirate Bay.

Can’t Stop the Music

For twenty years peer-to-peer networks have been the bane of the digital entertainment industry. Fire and brimstone have been hurled at the bittorrent community for more than a decade. However, a quick perusal of the major torrent sites reveals that everything the big media companies want you to pay top dollar for is still available.

Slap all the warning labels on the blu-rays you want. Redefine ‘victimless crimes’ in ways that do violence to not only language but the very concept of property rights but it doesn’t matter.

People, always, respond to incentives and the internet, which is vital to the state’s ability to maintain any semblance of control, was built to resist control.

All governments can do is put up artificial barriers to commerce to direct people differently, create perverse incentives and raise costs.

Has that truly ever worked? Has raising the cost of cigarettes stopped people from smoking? No. Health education has. All the taxes did was make government more powerful to feed the dominant political religion of the age, technocracy.

Look around the cryptocurrency space today. Look at the tax code in the U.S. and soon to be Russia, with the pending version of the Digital Currency law.

Classifying cryptocurrencies as property places it in the most disadvantageous category of asset for tax purposes imaginable except for where gold is.

It means every transaction in bitcoin is tracked for capital gains taxes, necessitating filing a 1099-B just like any stock trader, calculating cost basis for every single purchase you make with them.

Buy a candy bar with bitcoin, pay capital gains tax on top of everything else.

If you don’t think that’s tantamount to making it illegal to transact in bitcoin then I really think you need therapy, because it is. It is the ultimate perverse incentive to hold bitcoin rather than spend bitcoin.

This is the reason why Amazon doesn’t take Bitcoin, even though before the IRS classification it was experimenting it. It’s the reason why it doesn’t circulate.

Gresham’s Law is quite simple. Overvalued money (the dollar) drives undervalued money (bitcoin, gold) out of circulation. And, no Martin Armstrong, it is just as true today as it was when money was coins.

And that feeds the next bad argument from those who are smart enough to know better. Driving an asset underground only raises its price rather through a shortage of liquidity and hoarding rather than lowering it.

Liquidity and access to a commodity drives prices down, not up. It’s that pesky free market thing.

Bitcoin v. Gold – False Choice

Today’s bitcoin and cryptocurrency markets operate in an environment that is designed to keep normies out of them. And yet the prices of these assets keep rising and explosively.

Yes, that environment retards demand for these safe-haven assets, in effect capping the price. But all that price-capping can do is slow down demand, not wipe it out. Because people are rightly worried about the state of our society and the government’s ability to make good on its promises.

So, that also drives those demand for them as stores of value. Remember, all government edicts do is misdirect capital flow to the nearest substitute, not quash demand for the thing.

The counter argument to bitcoin is, of course, gold. “Buy gold not bitcoin,” say these monetary Luddites. Gold is real, bitcoin isn’t. And I agree with them, buy gold.

But, remember, gold is taxed as a collectible in the U.S. This is as disastrous a classification as you can get and yet, the hard money guys keep telling you to buy gold, even though the tax rate on selling gold is 28% rather than bitcoin’s 12% on capital gains.

No one in this community says not to buy gold then? 28% taxes on capital gains is as perverse an incentive as one can get.

Gold you can’t spend in the real world is, in effect, no more a ‘real’ money than a ‘digital’ bitcoin you can’t spend in the real world. Men whom I respect greatly fail to see this basic point that it the issue isn’t reality vs. digital.

The core argument is counter-party risk. That’s what drives demand for these assets. People demand things without counter-party risk during times of chaos.

And that is why the governments are in a classic Catch-22 and are only delaying the inevitability of their currencies’ demise. Everything government does increases counter-party risk while simultaneously driving up demand for assets without it.

I don’t believe for a second that this time around governments banning or outlawing gold will do anything. In fact, they won’t ban gold again not when they can simply, like with bitcoin, raise capital gains taxes to the point where there is almost no incentive to sell it.

Banning them is tantamount to admitting failure. Governments ban things to stifle competition and maintain its power. Banning bitcoin will only increase marginal demand in the long run, increasing the available capital for the cryptocurrency advocates to build systems resistant to the next phase of government intervention.

So, to recap so far.

  • Peer-to-peer networking is government intervention proof.

  • Bitcoin and gold have been driven underground by rules and tax schemes which make it prohibitively expensive to do anything other than buy and hold them. This, by the way, perfectly satisfies Gresham’s Law.

  • This dries up available supply making marginal demand ever more price inelastic. Low supply amid a marginal uptick in demand equals explosive price moves.

  • Bitcoin and gold are in the early stages of massive price appreciation.

The Dollar Strikes Back

This week the Fed put out its June meeting minutes and that gave markets an excuse to sell off, extending the weakness in the precious metals and capping the breakout in bitcoin above $12,000, which right now seems to be the latest Maginot Line (see chart above).

At some point you knew the Fed had to counter market expectations that they wouldn’t defend the dollar. They weren’t sufficiently dovish and that was all the markets needed to take some profit off the table.

I’ve been very clear in recent posts (herehere and here) that this weak dollar wave was being exploited for political advantage as much as anything else.

And I never wavered in thinking it was anything more than a counter-trend rally due to end when the reality of a sick global economy made its way back into the news.

Friday’s big news is that Europe’s economic rebound hit a snag. It won’t help that its political leadership are hellbent on locking their economies down to extend the fiction that COVID-19 is still a thing to cower in abject fear to.

That sent the euro down below $1.18 and it looks like the rally’s best days are behind it. Watch for a daily close there below $1.1722 for a sign of further weakness into September.

Because the dollar is still the U.S.’s most powerful weapon and the Fed will move to defend it for as long as it can. And that is the weapon they will use to break gold and bitcoin, not the legal system.

The Revenge of Logic

There are two further contradictions between the argument that governments can simply kill bitcoin by outlawing it.

The first is simple. It is predicated on the idea that government edicts are all-powerful. They are not. If they were then the Pirate Bay wouldn’t still be a thing and gold would still be $35 per ounce, per the Bretton Woods agreement.

The same people who argue for the beauty of competition and free markets and who embrace technology obviating out-dated systems refuse to accept that those same basic economic principles can be applied to money.

They want to fall back on tradition, gold, while denying that technology may have a better solution to the problem of government-issued credit.

Second, they argue for gold as a safe-haven asset which calls the bluff of central planners and technocrats. They also agree that we’re in a phase of the cycle where faith in governments is failing which is why gold is rising.

But they still cling to the idea that all governments’ have to do is point guns at us and we’ll stop being bad. They can decree a thing verboten and it will become so.

I guess their argument is that gold has magic fairy dust and bitcoin doesn’t. Or maybe, just maybe, they don’t understand the technology anymore than the people in charge do.

And that is why they fail.

Look, I know that the State is scary and, right now, awesome in its power. I have no doubt that it will do anything and everything to protect that power. We’re seeing that play itself out daily in our ridiculous media-frenzy-driven, hyperbolic politics.

But that, like so many things, is a short-lived, meta-stable state of being. The transition state from the current monetary system to then next will be messy.

Big Bitcoin

But taking a step back and looking at the bigger picture of Bitcoin today I see something that dwarfs that transition state, because, as a technology it portends a very different future.

This half-log quarterly chart of Bitcoin is all you need to see where we are headed. It’s not rocket science. You don’t have to have a Ph.D in charting to see what’s what.

If bitcoin closes Q3 above $10482.60, the Q4 2019 high, that’s a two-bar reversal of a three quarter shallow downtrend within a three year consolidation pattern. It sets up a Q4 move toward the 2019 high around $14,000 and a break above that starts the move to $100,000.

Even if $14,000 holds for another two to three quarters, bitcoin’s base only gets stronger, not weaker. And with demand far outstripping available supply, the probabilities are higher for a move sooner rather than later.

We are three years into one of the most explosive consolidation patterns ever. The last one of this length saw bitcoin rise two orders of magnitude.

With Stock to Flow rising, meaning the rate of inflation is falling while the total hoarded pile is rising, marginal demand can easily push prices to levels that make even the most ardent bitcoin bull blush.

Source: LookIntoBitcoin

Governments are, as I said earlier, in a Catch-22.

  • If they ban bitcoin demand goes underground, people simply buy and hold it. They acquire it however they can and new technologies come in (decentralized exchanges) come in to replace current ones (Coinbase).

  • If they don’t ban it then they allow the demand for it as a store of value and financial asset to flourish. It exists in a gray-area where you can use it but you really don’t want to. That allows another relief valve for capital to exit the dying debt-based system and wait for the storm to pass.

Either way, bitcoin and cryptocurrencies win.

Breaking The Law!

There is no upside in banning it because then governments can’t take some advantage of the situation, i.e. collect taxes in a time when tax hunting is the raison d’etre of broke governments.

So, to conclude Bitcoin has already beaten The Man. What happens next is exactly what is just beginning to happen now and what happened in gold in 2011 and Bitcoin in 2017. They will manage the price rise of them while the crisis they can’t avoid unfolds.

This will slowly build into a speculative mania in all of these assets, far above any sustainable supply and demand fundamental.

Then they will change the rules to trap late-comers filled with FOMO in unprofitable positions as they break the market in the short-term. This is what happened in gold in 2011 when they created a $500 billion central bank swap fund and in 2018 when cash-settled futures began trading on the COMEX.

Notice how neither time they changed the law, just the rules of the financial system.

And when that next break in these markets comes, which it will, they will collect obscene taxes when a lot of folks are forced to sell.

But the war for monetary independence will continue until they are no longer relevant.

*  *  *

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