UMich Sentiment Slips In Early Jan As Outlook Dips

UMich Sentiment Slips In Early Jan As Outlook Dips

Despite soaring stocks and a trade deal, University of Michigan Sentiment survey signaled a small decline from 99.3 to 99.1 in preliminary January data (with current conditions improving but the outlook dipping)…

  • Current economic conditions index rose to 115.8 vs. 115.5 last month.

  • Expectations index fell to 88.3 vs. 88.9 last month.

Source: Bloomberg

Buying Conditions were perceived to have improved for houses and durables but plunged for autos…

Source: Bloomberg

And finally, and perhaps most notably, inflation expectations jumped in January:

  • Expected change in median prices during the next year rose to 2.5% vs. 2.3% last month.

  • Expected change in median prices during the next 5-10 years rose to 2.5% vs. 2.2% last month.

Source: Bloomberg

Though it remains low trendwise.


Tyler Durden

Fri, 01/17/2020 – 10:09

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A Malicious Indictment Mitch Should Toss Out

A Malicious Indictment Mitch Should Toss Out

Authored by Patrick Buchanan via Buchanan.org,

About the impeachment of President Donald Trump she engineered with her Democratic majority, Nancy Pelosi said Wednesday: “It’s not personal. It’s not political. It’s not partisan. It’s patriotic.”

Seriously, Madam Speaker? Not political? Not partisan?

Why then were all eight House members chosen as managers to prosecute the case against Trump, who ceremoniously escorted the articles across the Capitol, all Democrats? Why did the articles of impeachment receive not a single Republican vote on the House floor?

The truth: The impeachment of Donald Trump is the fruit of a malicious prosecution whose roots go back to the 2016 election, in the aftermath of which stunned liberals and Democrats began to plot the removal of the new president.

This coup has been in the works for three years.

First came the crazed charges of Trump’s criminal collusion with Vladimir Putin to hack the emails of the DNC and the Clinton campaign and funnel them to WikiLeaks.

For two years, we heard the cries of “Treason!” from Pelosi’s caucus. And despite the Mueller investigation’s exoneration of Trump of all charges of conspiracy with Russia, we still hear the echoes:

Trump is Putin’s poodle. Trump is an asset of the Kremlin.

All we want, and what the American people deserve, is a “fair trial,” Democrats and their media collaborators now insist. But can a fair trial proceed from a manifestly deficient and malicious prosecution?

Consider. In this impeachment, we are told, the House serves as the grand jury, and Adam Schiff’s Intelligence Committee and Jerry Nadler’s Judiciary Committee serve as the investigators and prosecutors.

But the articles of impeachment on which the Judiciary Committee and the House voted do not contain a single crime required by the Constitution for impeachment and removal. There is no charge of treason, no charge of bribery or “other high crimes and misdemeanors.”

So weak is the case for impeachment that the elite in this city is demanding that the Senate do the work the House failed to do.

The Senate must subpoena the documents and witnesses the House failed to produce, to make the case for impeachment more persuasive than it is now.

Not our job, rightly answers Mitch McConnell.

The Senate is supposed to be an “impartial jury.”

But while there is a debate over whether Republicans will vote to call witnesses, there is no debate on how the Senate Democrats intend to vote — 100% for removal of a president they fear they may not be able to defeat.

Consider Trump’s alleged offense: pressing Ukrainian President Volodymyr Zelenskiy to investigate Burisma Holdings and Hunter Biden.

Assume Zelenskiy, without prodding, sent to the U.S., as a friendly act to ingratiate himself with Trump, the Burisma file on Hunter Biden.

Would that have been a crime?

Why is it then a crime if Trump asked for the file?

The military aid Trump held up for 10 weeks — lethal aid Barack Obama denied to Kyiv — was sent. And Zelenskiy never held the press conference requested, never investigated Burisma, never sent the Biden file.

There is a reason why no crime was charged in the impeachment of Donald Trump. There was no crime committed.

Not political, said Pelosi. Why then did she hold up sending the articles of impeachment to the Senate for a month, after she said it was so urgent that Trump be impeached that Schiff and Nadler could not wait for their subpoenas to be ruled upon by the Supreme Court?

Pelosi is demanding that the Senate get the documents, subpoena and hear the witnesses, and do the investigative work Schiff and Nadler failed to do.

Does that not constitute an admission that a convincing case was not made? Are not the articles voted by the House inherently deficient if the Senate has to have more evidence than the House prosecutors could produce to convict the president of “abuse of power”?

Can we really have a fair trial in the Senate, when half of the jury, the Democratic caucus, is as reliably expected to vote to remove the president as Republicans are to acquit him? What kind of fair trial is it when we can predict the final vote before the court hears the evidence?

It is ridiculous to deny that this impeachment is partisan, political and personal. It reeks of politics, partisanship and Trump-hatred.

As for patriotic, that depends on where you stand — or sit.

But the forum to be entrusted with the decision of “should Trump go?” is not a deeply polarized Senate, but with those the Founding Fathers entrusted with such decisions — the American people.

In most U.S. courts, a prosecution case this inadequate, with prosecutors asking the court itself to get more documents and call more witnesses, and so visibly contaminated with malice toward the accused, would be dismissed outright.

Mitch McConnell should let the House managers make their case, and then call for a vote to dismiss, and treat this indictment with the contempt it so richly deserves.


Tyler Durden

Fri, 01/17/2020 – 09:52

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Four Observations Concerning the GAO Decision

Yesterday, the Government Accountability Office (GAO) released a decision concerning the withholding of Ukraine security assistance. I had four tentative observations, which I summarized in a Tweet thread.

First, who does GAO conclude violated the Impoundment Control Act (ICA) with respect to then failure to timely disburse the full funds to Ukraine? Answer: The Office of Management and Budget (OMB). The decision does not conclude that President Trump violated the ICA with respect to the withholding of funds. GAO did not, and indeed could not, find that President Trump personally violated the ICA with respect to withholding the funds. Seth Barrett Tillman and I offered a similar observation on Lawfare last month. We wrote that only those charged with executing the ICA could violate that statute, not President Trump:

If Trump’s underlings delayed making a timely transfer of funds to Ukraine, as required by the relevant appropriations act, then it is they who are legally responsible (though the president always bears political responsibility for the actions of all his subordinates in the executive branch).

GAO does discuss 2 U.S.C. § 684. This statute imposes a duty on the President to notify Congress in certain circumstances. GAO suggests that the notification requirements of Section 684 were met, but not complied with by President Trump. Therefore, they allege that the President violated this statute. This reporting requirement turns on whether the administration had a valid reason to defer some of the payments. I need to study this subsidiary question further.

Second, did GAO provide any evidence to show that President Trump personally directed his subordinates to withhold the funds? I hesitate before concluding that the President ordered his subordinates to violate the law, when there is a dispute about what exactly the law requires. Several people have cited Mick Mulvaney’s press conference, wherein he relayed a conversation with President Trump:

Mulvaney: “(Trump’s) like, ‘Look, this is a corrupt place. I don’t want to send them a bunch of money and have them waste it, have them spend it, have them use it to line their own pockets. Plus, I’m not sure that the other European countries are helping them out either.’

This is not evidence that Trump ordered his subordinates to withhold any funding. Trump merely expressed an opinion that he didn’t want to send money to Ukraine, which he viewed as a corrupt country. Were this a run-of-the-mill criminal case, and this comment was picked up on a wiretap, I don’t think there would be enough evidence to show the defendant directed his subordinates to take any action, much less evidence to intentionally direct any illegal action. There may be other evidence about what the President personally directed–rather than what people may have inferred–but GAO has cited none. 

Third, did GAO provide any evidence to show that President Trump directed his subordinates to deliberately violate the ICA? This question is premised on a disputed legal issue: was the withholding of certain funds, for some period of time, a violation of the ICA. I don’t have nearly enough expertise in budgetary law to opine on this question. The Trump Administration contends that the temporary withholding of part of the funds was lawful if the money was timely transferred to Ukraine as required by statute. GAO disagrees with this argument. It is possible that President Trump ordered his subordinates to with the funding, and he thought the order was lawful because the money would still be transferred within the fiscal year. In that case, the President only ordered his subordinates to violate the law if the GAO was correct about its interpretation of the ICA. GAO–an arm of Congress–offered its opinion, but by no means is this judgment final, and authoritative.

Four, did GAO find that President Trump violated the Constitution’s Take Care Clause? No. The decision states, “Faithful execution of the law does not permit the President to substitute his own policy priorities for those that Congress has enacted into law.” Did Trump violate the Take Care Clause? GAO will not say, but they are all too happy to insinuate a constitutional ruling. This driveby dictum is entirely unsupported. 

GAO cites no authority, either from any court, or from the Office of Legal Counsel about the Take Care Clause. (There is one citation to Clinton v. City of New York, which discusses bicameralism and presentment, not faithful execution.) Yet this report, released hours before the impeachment trial begins, gently suggests that the President violated the Constitution, even if he did not actually violate any statute. 

In May, I criticized the Mueller Report for spinning a theory of the Take Care Clause without any analysis:

[Mueller’s] argument is premised on a novel theory of the Take Care Clause that no court of record has even hinted at. Mueller may be right about this theory in many, if not most cases. But he should have exercised far more caution in advancing this sweeping constitutional argument. That lack of caution reaffirms, once again, how far he departed from OLC’s limited discussion of the President’s amenability to the criminal law. …

Regrettably, the Mueller report is not a mere academic exercise. Mueller made significant allegations about the culpability of the president, based on threadbare constitutional analysis. The Take Care Clause is not a general good governance provision. It is not a constitutionalized version of the obstruction of justice statute. The Take Care Clause is not a Rorschach test that prohibits whatever you want it to prohibit. The Take Care Clause has a meaning, and Mueller did not do the work to ascertain its meaning.

This criticism applies even more forcefully to GAO. This congressional-agency has no specialized subject matter expertise over constitutional law. The Take Care Clause has a meaning, and GAO didn’t even graze the surface of that clause. GAO put forward no analysis of what the clause means. Indeed, the Supreme Court has said very little about this provision. And GAO have carelessly hinted the President has violated the Constitution. It suffices for #TwitterLaw to allege that everything and anything violates the Take Care Clause.  But government agencies must do better.

Recently, the General Services Administration Office of Inspector General weighed in on the Emoluments Clauses litigation. The report made plain errors about the Domestic Emoluments Clause. Oversight watchdogs should recognize they lack the expertise to make these sorts of conclusion. Mueller’s team had competent constitutional lawyers, though the final work product didn’t reflect their expertise. 

I do think that the allegations could give rise to a constitutional violation. Seth Barrett Tillman and I identified possible constitutional issues in our Lawfare post:

In the impeachment context, Trump’s liability could result from knowingly failing to take care that his subordinates faithfully executed the law. We say “knowingly” because it is unreasonable to expect any president to be intimately familiar with every action taken by every subordinate. Additionally, Trump may violate his oath of office if he personally directed others not to make a timely transfer of funds with an intent to block the statute’s implementation.

I think this standard, if satisfied, could provide the basis for alleging the President violated the Constitution. There are difficult questions about the requisite state of mind to rise to a constitutional violation. There are also unresolved factual questions: (1) what precisely the President did, (2) what he intended to do, (3) when did he do it, (4) what were the consequences (if any) of those decisions, and finally, (4) what were the likely consequences to follow when those decisions were taken. But GAO has not come close to resolving these factual issues or analyzing the complex legal issues in this situation. And it was truly reckless for GAO to suggest otherwise. They offered only a threadbare constitutional analysis, during this heated and polarized time, hours before the impeachment trial began.

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U.S. Troops Were Harmed by Iranian Attack. (We Still Shouldn’t Go to War With Iran.)

U.S. troops were injured in Iranian missile attack. The Pentagon is now reporting that 11 members of the American military were harmed when Iran retaliated for the killing of Qassem Soleimani. They suffered concussions and were sent to hospitals in Kuwait and Germany to be screened for traumatic brain injury.

It was initially reported that the strike—on two Iraqi military bases that house U.S. troops—did not harm any Americans, though four Iraqi soldiers were wounded.

“No Americans were harmed in last night’s attack by the Iranian regime,” said President Donald Trump on January 8, the morning after the attack.”We suffered no casualties—all our soldiers are safe and only minimal damage was sustained at our military bases.”

That turns out to have been false.

“While no U.S. service members were killed in the Jan. 8 Iranian attack on Al Asad Air base, several were treated for concussion symptoms from the blast and are still being assessed,” said Navy Capt. Bill Urban of U.S. Central Command in a January 16 statement. “As a standard procedure, all personnel in the vicinity of a blast are screened for traumatic brain injury, and if deemed appropriate, are transported to a higher level of care.”

Unlike the Trump administration’s claims about foiling an “imminent attack” (which grows more and more dubious by the day), there’s nothing so far to suggest a deliberate discrepancy between Trump’s initial assessment of harm and the Pentagon’s new report. Alas, some people are taking it as a cue to call for war.


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“Minding the Nordic Inequality Gap.” The Nordic countries are widely seen as feminist utopias. People are perpetually ranking Sweden, Norway, Denmark, and Finland as the best place for women and/or for gender equality, and a new survey from U.S. News & World Report finds this unchanged. But perception and reality differ. “Although Nordic nations lead the rest of the world in qualitative, perception-based metrics, the reality in many of these labor markets is that men often dominate management and STEM professions while women find themselves isolated to support roles,” writes Andrew Soergel.

“Sweden is a very gendered labor market,” Anneli Häyrén of Sweden’s Centre for Gender Research at Uppsala University told U.S. News.


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Four Observations Concerning the GAO Decision

Yesterday, the Government Accountability Office (GAO) released a decision concerning the withholding of Ukraine security assistance. I had four tentative observations, which I summarized in a Tweet thread.

First, who does GAO conclude violated the Impoundment Control Act (ICA) with respect to then failure to timely disburse the full funds to Ukraine? Answer: The Office of Management and Budget (OMB). The decision does not conclude that President Trump violated the ICA with respect to the withholding of funds. GAO did not, and indeed could not, find that President Trump personally violated the ICA with respect to withholding the funds. Seth Barrett Tillman and I offered a similar observation on Lawfare last month. We wrote that only those charged with executing the ICA could violate that statute, not President Trump:

If Trump’s underlings delayed making a timely transfer of funds to Ukraine, as required by the relevant appropriations act, then it is they who are legally responsible (though the president always bears political responsibility for the actions of all his subordinates in the executive branch).

GAO does discuss 2 U.S.C. § 684. This statute imposes a duty on the President to notify Congress in certain circumstances. GAO suggests that the notification requirements of Section 684 were met, but not complied with by President Trump. Therefore, they allege that the President violated this statute. This reporting requirement turns on whether the administration had a valid reason to defer some of the payments. I need to study this subsidiary question further.

Second, did GAO provide any evidence to show that President Trump personally directed his subordinates to withhold the funds? I hesitate before concluding that the President ordered his subordinates to violate the law, when there is a dispute about what exactly the law requires. Several people have cited Mick Mulvaney’s press conference, wherein he relayed a conversation with President Trump:

Mulvaney: “(Trump’s) like, ‘Look, this is a corrupt place. I don’t want to send them a bunch of money and have them waste it, have them spend it, have them use it to line their own pockets. Plus, I’m not sure that the other European countries are helping them out either.’

This is not evidence that Trump ordered his subordinates to withhold any funding. Trump merely expressed an opinion that he didn’t want to send money to Ukraine, which he viewed as a corrupt country. Were this a run-of-the-mill criminal case, and this comment was picked up on a wiretap, I don’t think there would be enough evidence to show the defendant directed his subordinates to take any action, much less evidence to intentionally direct any illegal action. There may be other evidence about what the President personally directed–rather than what people may have inferred–but GAO has cited none. 

Third, did GAO provide any evidence to show that President Trump directed his subordinates to deliberately violate the ICA? This question is premised on a disputed legal issue: was the withholding of certain funds, for some period of time, a violation of the ICA. I don’t have nearly enough expertise in budgetary law to opine on this question. The Trump Administration contends that the temporary withholding of part of the funds was lawful if the money was timely transferred to Ukraine as required by statute. GAO disagrees with this argument. It is possible that President Trump ordered his subordinates to with the funding, and he thought the order was lawful because the money would still be transferred within the fiscal year. In that case, the President only ordered his subordinates to violate the law if the GAO was correct about its interpretation of the ICA. GAO–an arm of Congress–offered its opinion, but by no means is this judgment final, and authoritative.

Four, did GAO find that President Trump violated the Constitution’s Take Care Clause? No. The decision states, “Faithful execution of the law does not permit the President to substitute his own policy priorities for those that Congress has enacted into law.” Did Trump violate the Take Care Clause? GAO will not say, but they are all too happy to insinuate a constitutional ruling. This driveby dictum is entirely unsupported. 

GAO cites no authority, either from any court, or from the Office of Legal Counsel about the Take Care Clause. (There is one citation to Clinton v. City of New York, which discusses bicameralism and presentment, not faithful execution.) Yet this report, released hours before the impeachment trial begins, gently suggests that the President violated the Constitution, even if he did not actually violate any statute. 

In May, I criticized the Mueller Report for spinning a theory of the Take Care Clause without any analysis:

[Mueller’s] argument is premised on a novel theory of the Take Care Clause that no court of record has even hinted at. Mueller may be right about this theory in many, if not most cases. But he should have exercised far more caution in advancing this sweeping constitutional argument. That lack of caution reaffirms, once again, how far he departed from OLC’s limited discussion of the President’s amenability to the criminal law. …

Regrettably, the Mueller report is not a mere academic exercise. Mueller made significant allegations about the culpability of the president, based on threadbare constitutional analysis. The Take Care Clause is not a general good governance provision. It is not a constitutionalized version of the obstruction of justice statute. The Take Care Clause is not a Rorschach test that prohibits whatever you want it to prohibit. The Take Care Clause has a meaning, and Mueller did not do the work to ascertain its meaning.

This criticism applies even more forcefully to GAO. This congressional-agency has no specialized subject matter expertise over constitutional law. The Take Care Clause has a meaning, and GAO didn’t even graze the surface of that clause. GAO put forward no analysis of what the clause means. Indeed, the Supreme Court has said very little about this provision. And GAO have carelessly hinted the President has violated the Constitution. It suffices for #TwitterLaw to allege that everything and anything violates the Take Care Clause.  But government agencies must do better.

Recently, the General Services Administration Office of Inspector General weighed in on the Emoluments Clauses litigation. The report made plain errors about the Domestic Emoluments Clause. Oversight watchdogs should recognize they lack the expertise to make these sorts of conclusion. Mueller’s team had competent constitutional lawyers, though the final work product didn’t reflect their expertise. 

I do think that the allegations could give rise to a constitutional violation. Seth Barrett Tillman and I identified possible constitutional issues in our Lawfare post:

In the impeachment context, Trump’s liability could result from knowingly failing to take care that his subordinates faithfully executed the law. We say “knowingly” because it is unreasonable to expect any president to be intimately familiar with every action taken by every subordinate. Additionally, Trump may violate his oath of office if he personally directed others not to make a timely transfer of funds with an intent to block the statute’s implementation.

I think this standard, if satisfied, could provide the basis for alleging the President violated the Constitution. There are difficult questions about the requisite state of mind to rise to a constitutional violation. There are also unresolved factual questions: (1) what precisely the President did, (2) what he intended to do, (3) when did he do it, (4) what were the consequences (if any) of those decisions, and finally, (4) what were the likely consequences to follow when those decisions were taken. But GAO has not come close to resolving these factual issues or analyzing the complex legal issues in this situation. And it was truly reckless for GAO to suggest otherwise. They offered only a threadbare constitutional analysis, during this heated and polarized time, hours before the impeachment trial began.

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U.S. Troops Were Harmed by Iranian Attack. (We Still Shouldn’t Go to War With Iran.)

U.S. troops were injured in Iranian missile attack. The Pentagon is now reporting that 11 members of the American military were harmed when Iran retaliated for the killing of Qassem Soleimani. They suffered concussions and were sent to hospitals in Kuwait and Germany to be screened for traumatic brain injury.

It was initially reported that the strike—on two Iraqi military bases that house U.S. troops—did not harm any Americans, though four Iraqi soldiers were wounded.

“No Americans were harmed in last night’s attack by the Iranian regime,” said President Donald Trump on January 8, the morning after the attack.”We suffered no casualties—all our soldiers are safe and only minimal damage was sustained at our military bases.”

That turns out to have been false.

“While no U.S. service members were killed in the Jan. 8 Iranian attack on Al Asad Air base, several were treated for concussion symptoms from the blast and are still being assessed,” said Navy Capt. Bill Urban of U.S. Central Command in a January 16 statement. “As a standard procedure, all personnel in the vicinity of a blast are screened for traumatic brain injury, and if deemed appropriate, are transported to a higher level of care.”

Unlike the Trump administration’s claims about foiling an “imminent attack” (which grows more and more dubious by the day), there’s nothing so far to suggest a deliberate discrepancy between Trump’s initial assessment of harm and the Pentagon’s new report. Alas, some people are taking it as a cue to call for war.


FREE MINDS


FREE MARKETS 

“Minding the Nordic Inequality Gap.” The Nordic countries are widely seen as feminist utopias. People are perpetually ranking Sweden, Norway, Denmark, and Finland as the best place for women and/or for gender equality, and a new survey from U.S. News & World Report finds this unchanged. But perception and reality differ. “Although Nordic nations lead the rest of the world in qualitative, perception-based metrics, the reality in many of these labor markets is that men often dominate management and STEM professions while women find themselves isolated to support roles,” writes Andrew Soergel.

“Sweden is a very gendered labor market,” Anneli Häyrén of Sweden’s Centre for Gender Research at Uppsala University told U.S. News.


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“Bernie Will Play Dirty” – Former VT Gov Bashes Sanders As Feud With Warren Cools

“Bernie Will Play Dirty” – Former VT Gov Bashes Sanders As Feud With Warren Cools

Former Vermont Gov. Peter Shumlin, who led the state as a Democrat from 2011 to 2017 has some harsh words for Bernie Sanders.

During a free-for-all interview with Politico, Shumlin, who recently endorsed Joe Biden, accused Sanders of trying to “Hillarize” Elizabeth Warren.

Specifically, Shumlin criticized Sanders’ attempts to portray Warren as an “elitist”, a perception that helped to deeply undermine the Clinton campaign.

Shumlin warned that Sanders doesn’t feel any “loyalty” to the Democratic Party, and won’t hesitate to put his own interests above the party’s.

The reason? Shumlin said Sanders, a self-described Democratic Socialist, and his supporters feel that they can pass a “purity test” that no Republicans and very few Democrats can pass.

Because of this, Sanders won’t hesitate to “play dirty,” Shumlin said.

“What I’ve seen in Bernie’s politics is he and his team feel they’re holier than the rest. In the end, they will play dirty because they think that they pass a purity test that Republicans and most Democrats don’t pass,” said Shumlin. “What you’re seeing now is, in the end, even if he considers you a friend, like Elizabeth Warren, Bernie will come first. That’s the pattern we’ve seen over the years in Vermont, and that’s what we are seeing now nationally.”

Finally, Shumlin reminded his audience that Sanders first major electoral triumph was defeating the Democratic Mayor of Burlington.

“Don’t forget, the first office he won was beating the Democratic mayor of Burlington. He never endorsed most Democrats until his Senate career,” Shumlin said. “The only way he could win the Senate seat and avoid a Democrat winning the nomination and splitting the vote in the general election has been to run for the Democratic nomination, win it and immediately turn it down.”

After losing to Clinton in the rigged Democratic primary, Sanders was a good sport, and agreed to campaign for Clinton, eventually appearing at more than 80 events as a surrogate.

Does that sound like someone who has no respect or loyalty to the party?


Tyler Durden

Fri, 01/17/2020 – 09:30

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US Industrial Production Suffers Worst Year Since 2015

US Industrial Production Suffers Worst Year Since 2015

After surging in November (by the most since Oct 2017), Industrial production was expected to contract modestly in December.

November’s big jump was revised lower and the headline production printed a 0.3% MoM contraction (worse than expected), leaving US industrial production down 1.01% YoY – the worst since Oct 2016.

Source: Bloomberg

That makes 7 of the 12 months with contraction in 2019 and ends up being the worst year since 2015.

  • Utilities fell 5.6% in Dec. after rising 1% in Nov.

  • Mining rose 1.3% in Dec. after falling 0.2% in Nov.

Capacity utilization fell to 77% from 77.4% in Nov., revised up from 77.3%.

Manufacturing actually surprised to the upside in December (rising 0.2% MoM vs -0.1% exp), but year-over-year saw a 1.3% contraction…

Source: Bloomberg

And of course, the Dow Jones INDUSTRIAL Average continues to soar despite INDUSTRIAL Production remaining relatively stagnant…

Source: Bloomberg

And that’s what The Fed is for.


Tyler Durden

Fri, 01/17/2020 – 09:22

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NHTSA Evaluating Petition To Investigate 500,000 Tesla Vehicles For Unintended Acceleration

NHTSA Evaluating Petition To Investigate 500,000 Tesla Vehicles For Unintended Acceleration

Just hours after we reported that the NTSB would be investigating a fatal Tesla Model X crash in February, we now learn that the U.S. National Highway Traffic Safety Administration has begun an investigation into a petition it has received regarding certain Tesla models.

According to Bloomberg, the petition involves “unintended acceleration in vehicles”.

The NHTSA says its Office of Defects received the defect petition on December 19 and that the request applied to model year 2012 through 2019 Tesla Model S vehicles, model year 2016 through 2019 Tesla Model X vehicles and model year 2018 through 2019 Tesla Model 3 vehicles. This totals about 500,000 Tesla vehicles. 

The petitioner cited 127 consumer complaints to the NHTSA involving 123 separate vehicles. These reports included 110 crashes and 52 injuries.

Yesterday we reported that the NTSB said its going to convene a meeting on February 25 to examine the probable cause of a fatal Tesla accident that took place in California in 2018.

Autopilot was engaged in 38 year old Apple engineer Walter Huang’s Model X prior to the accident, as we have reported. The NTSB and NHTSA are now investigating a “number of crashes” where Autopilot was involved, according to Automotive News.  

Last week, for instance, the NHTSA also said it was investigating a December 29th crash of a Model 3 that a passenger dead after the Model 3 collided with an inanimate fire truck in Indiana. It’s also investigating another crash on the same date where a Model S ran a red light and struck a Honda, killing its two occupants. 

And, of course, it is no surprise to us that the NHTSA has not made a determination as to whether or not an investigation is warranted regarding the new petition yet. Because if it isn’t clear as day to them at this point, we’re not sure what it’s going to take to wake these regulators from the half decade long slumber they’ve been in.


Tyler Durden

Fri, 01/17/2020 – 09:05

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Oil Glut Overshadows Geopolitical Risk In 2020

Oil Glut Overshadows Geopolitical Risk In 2020

Authored by Nick Cunningham via OilPrice.com,

The risk of oil supply disruptions from around the world has diminished, and rising non-OPEC production provides a “solid base from which to react to any escalation in geopolitical tension.”

In its January Oil Market Report, the International Energy Agency (IEA) said that there is plenty of oil sloshing around, despite the U.S. and Iran nearly going to war.

“We cannot know how the geopolitical situation will play out over time, but for now the risk of a major threat to oil supplies appears to have receded,” the IEA said.

“As was the case following the attacks on Saudi Arabia in September, once the initial fears of a sustained supply shock subsided, the Brent price rapidly gave up its $4/bbl spike.”

Oil inventories held in OECD countries is 9 million barrels above the five-year average, and there are also plenty of strategic stockpiles to call upon in the event of an outage, the agency said.

Still, while geopolitical risk has “faded,” it has not gone away entirely. The Trump administration may have refrained from all-out war against Iran, but the assassination of General Soleimani took the confrontation to new heights.

While Trump’s speech earlier this month was widely interpreted as one of “de-escalation,” he also prefaced his comments by saying Iran would never have a nuclear weapon. But, sanctions, “maximum pressure,” and the assassination of one of its top leaders will obviously provoke a response. With little left to lose, Tehran is backing out of most of its commitments under the 2015 nuclear agreement, a deal that the U.S. already exited nearly two years ago.

All of which is to say the countries are seemingly locked on a collision course. The world breathed a sigh of relief when the two countries backed away from the brink, but there are decent odds that the conflict flares up again in the not-so-distant future. There are few pathways for actual de-escalation, absent an overhaul of U.S. policy.

At the same time, Iran has already lost much of its oil supply due to sanctions. So, the additional supply risk is concentrated in Iraq, where the U.S. and Iran conflict is actually playing out. “Recent events have shown that Iraq is a potentially vulnerable supplier, just as its strategic importance has grown,” the IEA said. The agency noted that Iraqi oil exports have doubled since 2010, from 2 million barrels per day (mb/d) to 4 mb/d. China and India each import roughly 1 mb/d of supply from Iraq.

“Iraq’s rising capacity has been very welcome as sanctions have reduced Iran’s exports to only 0.3 mb/d and Venezuela’s production has collapsed,” the IEA wrote.

Left unsaid was that those outages were both the result of U.S. sanctions.

Putting aside the geopolitical risk, the agency said that prices will likely remain subdued this year because non-OPEC supply continues to grow faster than demand.

Non-OPEC countries will add 2.1 mb/d this year, while demand will rise by 1.2 mb/d. 

Unlike in previous years, U.S. shale won’t dominate the supply growth picture, at least not entirely. The sector will likely see a “marked slowdown,” accounting for 52 percent of non-OPEC supply growth, down from an 84 percent average between 2017 and 2019. Instead, Norway, Brazil, Canada, Australia and Guyana will add new barrels.

The bottom line is that OPEC+ still faces a predicament.

“Even if they adhere strictly to the cuts, there is still likely to be a strong build in inventories during the first half of 2020,” the IEA said.

“OPEC crude production would fall to 29.3 mb/d in January if there were to be full compliance and steady output from Libya, Iran and Venezuela. That is still 700 kb/d above the 1Q20 call on OPEC crude and 900 kb/d above the 2Q20 call.”

In other words, unless OPEC+ cuts further, the oil market faces persistent oversupply in the first half of this year.


Tyler Durden

Fri, 01/17/2020 – 08:47

via ZeroHedge News https://ift.tt/2R2Ag7V Tyler Durden