Will The US Obsession With Sanctions Destroy The Dollar?

Will The US Obsession With Sanctions Destroy The Dollar?

Authored by Ryan McMaken via The Mises Institute,

When the US places financial sanctions one one country, it de facto sanctions many other countries as well — including many of its allies.

This is because not all countries and firms are interested in participating in the US sanctions-based foreign policy.

Sanctions, after all, have become a favorite go-to strategy for American policymakers who seek to isolate or punish foreign states that don’t cooperate with US international policy goals.

In recent years, the US has been most active in imposing new sanctions on Russia and Iran, with many consequences for US allies who are still open to doing business with both of those countries.

The US can retaliate against organizations that violate US sanctions in a variety of ways. In the past, the US has sued firms such as the Netherlands’ ING Groep and Switzerland Credit Suisse. Both firms have paid hundreds of millions of dollars in fines in the past. The US has been known to go after individuals .

US bureaucrats like to remind firms that penalties await them, should then not buckle under US sanctions plan. In November 2018, for example, US Secretary of State Michael Pompeo announced :

I promise you that doing business in Iran in defiance of our sanctions will ultimately be a much more painful business decision than pulling out of Iran.

Fear of sanctions has caused some firms to stop work mid project, such as when Swiss pipe-laying company Allseas Group abandoned a $10 billion pipeline that was nearing completion.

Not surprisingly, these firms — who employ people, pay taxes, and contribute to economic growth — have put pressure on their governments to protest the mounting interference from the US into private trade.

As a result, some European politicians are increasingly looking for ways to get around US sanctions . In a tweet last week, Germany’s deputy foreign minister Niels Annen wrote “Europe needs new instruments to be able to defend itself from licentious extraterritorial sanctions.”

Another “senior German government official” concluded, “Washington is treating the EU as an adversary. It is dealing the same way with Mexico, Canada, and with allies in Asia. This policy will provoke counter-reactions across the world.”

But how is the US so easily able to sanction so much of the world, including companies in huge and influential countries like Germany?

The answer lies in the fact the US dollar and the US economy remain at the center of the international trade system.

SWIFT: How the US Sanctions the World

By the waning days of the Cold War, the US dollar had become the dominant currency in the non-communist world, thanks to the Bretton Woods agreement, the petrodollar, and the sheer size of the US economy.

Once the Communist Bloc collapsed, the dollar was poised to grow even more in importance, and the world’s financial institutions searched for a way to make global trade and investing even faster and easier.

Henry Farrell at The National Interest describes what came next:

Financial institutions wanted to communicate with other financial institutions so that they could send and receive money. This led them to abandon inefficient institution-to-institution communications and to converge on a common solution: the financial messaging system maintained by the Society for Worldwide Interbank Financial Telecommunication (SWIFT) consortium, based in Belgium. Similarly, banks wanted to make transactions in the globally dominant currency, the U.S. dollar. …  In practice, the physical infrastructure, for a variety of efficiency reasons, tended to channel global flows through a small number of central data cables and switch points.

At the time, Europe was still years away from creating the euro, and it only seemed natural that a centralized dollar-transfer system be developed for all the world.

SWIFT personnel have always maintained their organization is apolitical, neutral, and only interested in providing a service. But geopolitical realities have long intervened. Farrell continues:

The centralizing tendencies meant that the new infrastructure of global networks was asymmetric: some nodes and connections were far more important than others.  … What this meant was that a few states—most prominently the United States—had the latent ability to transform the global economic infrastructures  … into an architecture of global power and information gathering.

By 2001, the power of this centralized system had become apparent. And in the wake of 9/11, the US used the “War on Terror” and an opportunity to turn SWIFT into an enormous international tool for surveillance and financial power.

In his book Treasury’s War: The Unleashing of a New Era of Financial Warfare Juan Zarate shows how the US Treasury officials pressured SWIFT and its personnel to provide the US government with the means to use this international financial “plumbing” to deprive the US’s enemies of access to markets.

This started out slow, and SWIFT officials were concerned it would become widely known that SWIFT was becoming politicized and largely a tool of the US and US allies. Nevertheless, the American regime pressed its advantage, and by 2012 “for the first time ever, SWIFT unplugged designated Iranian banks from its system, in accordance with a European directive and under the threat of possible US legislation.”

This only strengthened worries among both world regimes and the world’s financial institutions that the basic technical infrastructure of the international financial system was really a political tool.

The World Searches for Alternatives

Naturally, Russia and China have been highly motivated to find alternatives to SWIFT. But even perennial US allies have grown far more wary of leaving the financial system in a place where it can be so easily dominated by the US regime. If Iranian banks can be “unplugged” so easily from the global system, what’s to stop the US from taking similar steps against German banks, French banks, or Italian banks?

This, of course, is an implied threat behind US demands that European companies not try to work around US sanctions or face “punishment.” From the US perspective, if Germans refuse to kowtow to US policy, then there’s an easy solution: simply cut the Germans off from the international banking system.

Consequently, Germany’s Foreign Minister Heiko Maas announced in 2008 

“We must increase Europe’s autonomy and sovereignty in trade, economic and financial policies … It will not be easy, but we have already begun to do it.”

By late 2019, the UK, France, and Germany had put together a workaround called “INSTEX” designed to facilitate continued trade with Iran without using the dollar and the SWIFT system built upon it. Belgium, Denmark, Finland, the Netherlands, Norway and Sweden have joined the system as well.

As of January 2020, however, the cumbersome system remains unused. But we remain in the very early stages of European efforts to get a divorce from the dollar-dominated financial system. The INSTEX system has been devised, for now, for a limited purpose. But there is no reason it cannot be expanded in the future. The short-term prospects for a functional system are low. Longer-term, however, things are different. The motivation for a long-term workaround is growing. The Trump administration has embraced showmanship that looks good in a short-term news cycle, but which encourages US allies to pull away. Farrell continues:

Unlike Obama, Donald Trump did not use careful diplomacy to build international support for [new sanctions] against Iran. Instead, he imposed them by fiat, to the consternation of European allies, who remained committed to the [Iran agreement put in place under Obama]. The United States now threatened to impose draconian penalties on its allies’ firms if they continued to work inside the terms of an international agreement that the United States itself had negotiated. The EU invoked a blocking statute, which effectively made it illegal for European firms to comply with U.S. sanctions, but without any significant consequences. SWIFT, for example, avoided the statute by never formally stating that it was complying with U.S. sanctions; instead explaining that it was regrettably suspending relations with Iranian banks “in the interest of the stability and integrity of the wider global financial system.”

All of this is viewed with alarm by not only Europe, but by China and Russia as well. The near-constant stream of threats by the US administration to impose ever harsher limits and sanctions on both China and Europe has pushed the rest of the world to accelerate plans to get around US sanctions. After all, as of mid-2019, the US had nearly 8,000 sanctions in place against various states and organizations and individuals. The term now being used in reference to American sanctions is “overuse.” It was one thing when the US imposed sanctions in some extreme cases. But now the US appears increasingly fond of using and threatening sanctions regularly, without consulting allies.

This makes continued US dominance in this regard less likely as allies the world pour more and more resources into ending the US-SWIFT control of the system. In a 2018 report, “Towards a Stronger International Role of the Euro,” the European Commission described U.S. sanctions as “wake-up call regarding Europe’s economic and monetary sovereignty.

The effort still has a long way to go, but perhaps not as far as many think.

Source.

The dollar remains far ahead of the euro in terms of the dollar’s use as a reserve currency, but the dollar and the euro are move evenly matched when it comes to international payment transactions.

If the rest of the world remains sufficiently motivated, more can certainly be done to rein in dollar-based sanctions. Indeed, in 2019, former US Treasury Secretary Jacob Lew admitted:

the plumbing is being built and tested to work around the United States. Over time as those tools are perfected, if the United States stays on a path where it is seen as going it alone…there will increasingly be alternatives that will chip away at the centrality of the United States.

If the US finds itself not longer at the center of the global financial system, this will bring significant disadvantages for the US regime and US residents. A decline in demand for the dollar would also lead to less demand for US debt.  This would put upward pressure on interest rates and thus bring higher debt-payment obligations for the US regime. This would constrain defense spending and the ability of the US to project its power to every corner of the globe. At the same time, central bank efforts to drive interest rates back down would bring a greater need to monetize the debt.  The resulting price inflation in either consumer goods or assets would be significant.

The fact none of this will become obvious next week or next month doesn’t mean it will never happen. But the US’s enthusiasm for sanctions means the world is already learning the price of doing business with the United States and with the dollar.


Tyler Durden

Thu, 01/16/2020 – 17:50

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Family Sues DEA and TSA After Elderly Man’s Life Savings Were Seized at Airport

Terrence Rolin kept his life savings in a Tupperware container, but all that money now belongs to the Drug Enforcement Administration (DEA), even though the 79-year-old retired railroad engineer hasn’t been charged with a crime.

When Rolin’s daughter, Rebecca Brown, tried to take her fathers’ savings—$82,373 in cash—on an airplane, a DEA agent seized it simply because large amounts of cash are considered suspicious by the agency.

Brown and Rolin are now the lead plaintiffs in a federal class-action lawsuit filed Wednesday by the Institute for Justice, a libertarian-leaning public interest law firm, challenging the DEA and TSA’s practice of seizing large amounts of cash from airline passengers without any evidence of any underlying crime.

“Flying with any amount of cash is completely legal, but once again we see government agents treating American citizens like criminals,” Institute for Justice senior attorney Dan Alban said in a press release. “You don’t forfeit your constitutional rights when you try to board an airplane. It is time for TSA and federal law enforcement to stop seizing cash from travelers simply because the government considers certain amounts of cash ‘suspicious.'”

Rolin and Brown’s trouble started last August. Rolin had asked his daughter to take his money and open a joint savings account, the Washington Post reports:

Rebecca Brown was catching a flight home from the Pittsburgh airport early the next day and said she didn’t have time to stop at a bank. She confirmed on a government website that it’s legal to carry any amount of cash on a domestic flight and tucked the money in her carry-on.

But just minutes before departure in late August, a Drug Enforcement Administration agent met her at the busy gate and questioned her about the cash, which showed up on a security scan. He insisted Brown put Rolin on the phone to confirm her story. Brown said Rolin, who is suffering mental decline, was unable to verify some details.

“He just handed me the phone and said, ‘Your stories don’t match,'” Brown recalled the agent saying. “‘We’re seizing the cash.'”

The DEA then notified Brown that it was seeking to permanently forfeit Rolin’s life savings. Neither Rolin or Brown have been charged with a crime.

In the meantime, the lawsuit says the loss of Rolin’s savings has left him unable to fix his truck, which is his primary means of transportation, or get needed dental work.

“My father and his parents worked hard for this money, and the government shouldn’t be able to reach into his pocket and take it,” Brown said a press release. “We did nothing wrong and haven’t been charged with any crime, yet the DEA is trying to take my father’s life savings. His savings should be returned right away, and the government should stop taking money from Americans who are doing something completely legal.”

In cases like Brown’s, the DEA seizes cash using civil asset forfeiture, a practice that allows police to seize cash and property suspected of being connected to criminal activity, even if the owner is not charged with a crime.

Federal, state, and local law enforcement seize millions of dollars in cash every year in drug interdiction operations, much of being transported along highways and through airports. In 2016, a USA Today investigation found the DEA seized more than $209 million from at least 5,200 travelers in 15 major airports over the previous decade.

Police groups say civil forfeiture is a vital tool that allows them to disrupt drug trafficking by targeting its illicit proceeds.

However, civil liberties groups say there are few safeguards to protect innocent owners, who bear the burden of challenging the seizure to get their property back.

The Institute for Justice lawsuit claims the DEA has a practice or policy of seizing currency from travelers at U.S. airports without probable cause simply if the dollar amount is greater than $5,000. This practice, the suit argues, violates travelers’ Fourth Amendment rights.

In 2016, Reason profiled the case of Charles Clarke, a college student who was robbed of $11,000 dollars at the Cincinnati/Northern Kentucky International Airport by a local police officer who was deputized by the DEA. The officer claimed Clarke’s suitcase smelled like marijuana, although no drugs were found in it. Clarke, helped by the Institute for Justice, got his money back in an agreement with the Justice Department.

A 2017 report by the Justice Department Inspector General found that the DEA seized more than $4 billion in cash from people suspected of drug activity over the previous decade, but $3.2 billion of those seizures were never connected to any criminal charges.

The report reviewed 100 cash seizures and found that only 44 of those were connected to or advanced a criminal investigation. The majority of seizures occurred in airports, train stations, and bus terminals, where the DEA regularly snoops on travel records and maintains a network of travel industry employees who act as confidential informants.

A 2016 Justice Department Inspector General report chastised the DEA for recruiting a TSA screener as an informant and promising the screener a cut of the proceeds from forfeited cash that he discovered.

A DEA spokesperson, per the agency’s policy, declined to comment on ongoing litigation.

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Goldman Clears Banker Whose Boyfriend Stole Client Secrets And Traded On Them

Goldman Clears Banker Whose Boyfriend Stole Client Secrets And Traded On Them

After avoiding the insider trading spotlight in the wake of the financial crisis, a Goldman VP was charged in a complex insider trading scheme back in 2018.

Then early this year, former Goldman banker Bryan Cohen pleaded guilty in a Manhattan federal court for his role in another international insider-trading scheme. And of course, who could forget the former Goldman analyst who fed Super Bowl LII champion Mychal Kendricks secrets tied to illegal investments?

Goldman MD Zeynep Yenel

With the market ten years in to a historic bull run where any idiot with a TD Ameritrade account has been able to outperform most hedge funds simply by averaging in to an S&P 500 index fund, it’s difficult to imagine why anybody would need to cheat to try and lock in great returns.

And for once, it looks like a Goldman employee has actually been exonerated from suspicions of insider trading.

Goldman announced on Thursday that it found no wrongdoing was committed by a Managing Director whose boyfriend admitted to stealing company secrets from her ten years ago, then trading on the non-public information.

The boyfriend, Swiss trader Marc Demane Debih, has previously pleaded guilty to dozens of insider-trading charges, and he recently told a New York jury during testimony on Jan. 8 that he secretly got client data on three proposed mining- industry acquisitions from Goldman MD Zeynep Yenel, who was his girlfriend at the time.

Debih told the jury that back in 2010 or 2011, he stole information from Yenel without her knowledge, including MNPI on London Mining, Breakwater Resources and Copper Mountain Mining. Debih, who is cooperating with the government and testifying against others in order to reduce his time behind bars, testified that he traded on the Copper Mountain information and passed a tip on Breakwater to a friend.

After he made the revelation, Goldman said it would investigate. And now that investigation is finished.

“We identified no concerns about her conduct in relation to the statements made by Mr. Demane Debih,” Goldman Sachs spokeswoman Nicole Sharp said in a statement Thursday. Yenel “retains our full support and remains a valued senior member of the team,” Sharp said.

Now the Vampire Squid’s lawyers can focus on more important priorities, like negotiating a sweetheart settlement of the 1MDB case with the DoJ.


Tyler Durden

Thu, 01/16/2020 – 17:30

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The U.S. Natural Gas Boom Is On Its Last Legs

The U.S. Natural Gas Boom Is On Its Last Legs

Authored by Tsvetana Paraskova via OilPrice.com,

Weak natural gas prices amid abundant supply and a falling rig count across the United States will slow down U.S. natural gas production growth this year, and some basins will even see production declines, analysts say.

Due to the shale revolution, natural gas production in the U.S. has been growing rapidly over the past decade, and growth accelerated over the past two years. But now companies are struggling with negative cash flows as prices stay low, and investors are not rewarding production growth if they don’t have returns.

The natural gas glut created from the continuously rising production amid insufficient pipeline takeaway capacity has been recently aggravated by the gushing associated gas in the oil wells in the Permian, where pipeline capacity is not nearly enough to accommodate additional natural gas volumes. Gas flaring has hit record highs as producers are unable to find any useful and reasonably cost-efficient application for that gas.

Due to continuously rising U.S. natural gas production, natural gas prices at the U.S. benchmark Henry Hub averaged US$2.57 per million British thermal units (MMBtu) in 2019—the lowest annual average price since 2016.

Lower prices and fewer rigs are expected to slow down U.S. natural gas production growth this year. Some regions in the Mid Continent could see declines in their gas production, according to estimates from S&P Global Platts Analytics.

For example, the SCOOP/STACK play in Oklahoma saw its active rig count drop to a multi-year low of 23 this week, according to data from energy data analytics company Enverus cited by Platts.

Despite the tumbling rig count, natural gas production in the SCOOP/STACK has been steady at around 3.3 billion cubic feet per day (Bcf/d)-3.4 Bcf/d for most of last year, S&P Global Platts Analytics says.

This year, gas production in the SCOOP/STACK is set to slow down to 3.2 Bcf/d, down from the 3.4 Bcf/d average production in 2019, according to S&P Global Platts Analytics. In the broader Midcon Producing region—including the SCOOP/STACK, Cleveland Tonkawa, Mississippi Lime, and Granite Wash plays—production in 2020 is set to average 6.6 Bcf/d, down from 6.8 Bcf/d in 2019, according to Platts Analytics’ forecasts based on the current rig count in the areas.

U.S. dry gas production rose by 8-9 Bcf/d in each of 2018 and 2019, but this year the production increase is set to be just 2 Bcf/d, Enverus said in a report last month.

In 2019, the Marcellus and Utica basins saw pipeline relief but “aggressive gains in production continued to surprise and caused renewed price weakness this past fall,” Enverus said. In the Permian, promising economics will continue to be challenged by pipeline capacity shortages, while Haynesville’s growth last year was likely limited to Tier 1 acreage, “which is the only area reliably in the money with a $2.13/MMBtu gas breakeven,” according to Enverus.

The EIA’s latest estimates in the January Short-Term Energy Outlook (STEO) show that U.S. dry natural gas production is set to rise by 2.9 percent annually in 2020, due to higher associated gas production from oil-directed rigs and easing of the pipeline capacity constraints out of the Appalachian and Permian basins.

Next year, production will drop by 0.7 percent on the year due to expected low natural gas spot prices in 2020, which will reduce drilling activity in the Appalachian basin, the EIA said.

In the Appalachian basin, low natural gas prices are eating into the earnings of producers. The largest producers in the region spent a combined US$500 million more on drilling than they realized by selling oil and gas in Q3 2019, an analysis from the Institute for Energy Economics and Financial Analysis (IEEFA) showed in November.

“Despite booming gas output, Appalachian oil and gas companies consistently failed to produce positive cash flow over the past five quarters,” IEEFA said.

Much of the gas glut comes from the Permian which “has become so uneconomic that some oil producers simply burn their natural gas rather than selling it,” IEEFA’s analysts noted.

“No one wants to flare gas; that is like burning money!” one E&P executive said in comments in the latest Dallas Fed Energy Survey.

Another executive noted: “The price of natural gas is going to stay low for some years due to associated gas coming online as infrastructures are built out.”


Tyler Durden

Thu, 01/16/2020 – 17:10

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Gap Soars 16% After Ending Plan To Spin Off Old Navy… After Soaring 18% On Plan To Spin Off Old Navy

Gap Soars 16% After Ending Plan To Spin Off Old Navy… After Soaring 18% On Plan To Spin Off Old Navy

Late February last year, Gap announced its plans to create two independent publicly traded companies: spinning off Old Navy and a yet-to-be-named company.

Shares soared 18% on the news.

Tonight, after hours, Gap has issued a statement that it is scrapping plans to spin off its Old Navy brand.

“The work we’ve done to prepare for the spin shone a bright light on operational inefficiencies and areas for improvement,” said Gap chief executive Robert Fisher, adding that the company has “learned a lot” and intends to operate in a manner that “empowers our growth brands, Old Navy and Athleta.”

Shares soared 16% after hours…

This is the ‘market’ you are trading in…

Buy the spinoff rumor, and buy the spinoff withdrawal news?

We are seeing a pattern here.


Tyler Durden

Thu, 01/16/2020 – 16:57

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Sean Davis Goes Scorched Earth On CNN After ‘Attempted Takedown Of Bernie’

Sean Davis Goes Scorched Earth On CNN After ‘Attempted Takedown Of Bernie’

In the wake of CNN’s latest fake news scandal – in which they appear to have conspired with Elizabeth Warren to frame Bernie Sanders as a misogynist, a claim virtually nobody believes, The Federalist‘s Sean Davis began crushing the anti-Trump network in a Thursday tweetstorm of Federalist articles highlighting notable lies and incompetence.

To review, the night before this week’s Democratic debate, CNN – clearly using sources from Warren’s campaign, floated an article claiming that Sanders told Warren in a private 2018 meeting that a woman can’t beat Donald Trump in 2020. The next night, CNN ignored Bernie’s denial, and asked Warren how she felt when Bernie said that – framing the question as if there was no dispute that Bernie said it.

It was so bad that MSNBC‘s “Morning Joe” called out the fake news network.

Then, CNN waited a day to milk a hot-mic moment in which Warren steps to Bernie and says “I think you called me a liar on live TV.”

Hilariously, when CNN approached Sen. Martha McSally (R-AZ) to ask a question unrelated to Bernie, she called the network’s Manu Raju (who falsely reported that Trump Jr. had advance notice of WikiLeaks dumps) a “liberal hack.”

So, without further delayThe Federalist‘ Sean Davis owns CNN six ways from Sunday: 

This… is CNN. 

Bonus


Tyler Durden

Thu, 01/16/2020 – 16:50

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Georgia Death Row Prisoner Jimmy Meders Has Sentence Commuted Hours Before Execution

Jimmy Meders was scheduled to die by lethal injection today, but the Georgia parole board has granted him clemency.

Meders was convicted and sentenced to death in 1989 for the murder of Don Anderson. Meders fatally shot Anderson, a Jiffy Store clerk, during a robbery.

According to his clemency application, Meders is one of the last people in the state to be tried before the legislature authorized life without parole as an alternative to the death penalty. Jurors in Meders’ case stated that they would have chosen life without parole had it been available at the time of his trial. The jurors even asked the trial judge if they could choose such a sentence. They were informed that the sentence was not available. So while they did not believe Meders’ crime was aggravated enough to warrant the death penalty, they made a choice based on limited options.

“Did I want the man to die? No, not really. But that was the only option if we wanted to make sure he didn’t get out. If life without parole had been available, I believe that’s the option we would have gone for,” the head juror explained in an affidavit. All six remaining jurors confirmed they’d authorize a sentence of life without confirmed.

Meders’ case is a good example of why life without parole has since been authorized in the state. The sentence provides jurors with a sort of middle ground for criminals who are not, as the clemency application states, the “worst of the worst.”

The Atlanta Journal-Constitution also reported that Meders’ sentence is disproportionate by today’s criminal justice standards. Meders did not have a criminal history prior to his crime, making him one of the few people on death row without previous convictions. The death penalty is typically reserved for habitual or heinous offenders.

The Georgia State Board of Pardons and Parole announced on Thursday that it would commute Meders’ sentence to life in prison.

The board cited the jurors; “explicit desire” to impose the unavailable sentence as part of the reason behind its decision.

“We are deeply grateful for the Board’s decision to commute Jimmy Meders’s death sentence to life in prison without the possibility of parole. The board’s critically important role in showing mercy in these rare circumstances cannot be overstated. By taking this action, this parole board has made real the intent of the jury to sentence Jimmy to life without parole, and not death,” Michael Admirand of the Southern Center for Human Rights, Meders’ counsel, said in a statement provided to Reason.

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Does Letting Police Enter Your House Give Them Permission To Wreck It?

When Shaniz West agreed to let police enter her house so they could arrest her former boyfriend, she had no idea she was consenting to a barrage of tear gas grenades that would smash her windows, tear holes in her walls and ceiling, and leave a sticky, noxious residue on her food, furniture, electronics, and clothing. But after she sued for damages, the U.S. Court of Appeals for the 9th Circuit said the officers responsible for making her home uninhabitable were shielded from liability because it was not “clearly established” at the time that such a wanton destruction of property violated the Fourth Amendment.

In a petition filed today, the Institute for Justice urges the U.S. Supreme Court to review that decision and in the process clarify the doctrine of “qualified immunity,” which in many cases lets police off the hook for outrageous conduct when their victims are unable to identify prior rulings involving similar facts. That understanding of the doctrine effectively immunizes officers who find novel ways to violate people’s constitutional rights.

The case began on a Wednesday afternoon in August 2014, when West returned to her home in Caldwell, Idaho, where she encountered four local police officers. They were looking for her ex-boyfriend, Fabian Salinas, a gang member wanted for several violent crimes. West said Salinas had been in the house earlier that day, collecting his belongings, and she was not sure whether he was still there. It turned out he wasn’t, but the cops did not realize that until after they had wreaked havoc on West’s home.

After intimating that West might be arrested for harboring a fugitive, Officer Matthew Richardon asked, “Do we have permission to get inside your house and apprehend him?” West nodded, handed over the key to her front door, and left with a friend who came to pick her up. Instead of entering the house, Sgt. Joe Hoadley summoned a SWAT team, which hatched a three-stage plan of attack that included “us[ing] 12-gauge shotguns to inject tear gas into the house through the windows and the garage door,” as two members of a three-judge 9th Circuit panel described it.

Dissenting Judge Marsha Berzon’s description better reflects the reality of what happened. “SWAT used a 12-gauge shotgun to shoot tear gas canisters into the home, breaking windows and extensively damaging the walls and ceiling in the process,” she wrote. “West’s personal belongings and the home itself were saturated in tear gas; broken glass littered the floor; and the walls and ceiling had gaping holes from contact with the tear gas canisters. In the aftermath of the destruction, West and her children could not live in their home for several months.”

The majority nevertheless concluded that, even if the operation exceeded the scope of West’s consent, case law had not clearly established that point. “Our research has uncovered no controlling Supreme Court or Ninth Circuit decision holding that ‘an officer acting under similar circumstances as [Defendants]…violated the Fourth
Amendment,'” wrote Judge Susan Graber in a 2019 opinion joined by Judge Eduardo  Robreno. “Prior precedent must articulate ‘a constitutional rule specific enough to alert these [officers] in this case that their particular conduct was unlawful.'”

Judge Berzon suggested that “the likely reason there are no closely similar cases standing for the proposition that officers may not use a general consent to search to take actions that render a home uninhabitable for months is that law enforcement officers well understand that, and do not rely on consent alone to conduct home-destructive activities.” Instead of asking whether any federal court had ever declared such an operation unconstitutional, she said, her colleagues should have deemed it telling that no federal court has ever said anything like it is consistent with the Fourth Amendment.

The majority suggested that the Caldwell officers might reasonably have believed West’s permission to enter her house included permission to wreck it. “Plaintiff agreed that officers could ‘get inside [her] house and apprehend’ Salinas,” Graber wrote. “Defendants did ‘get inside’ Plaintiff’s house, first with objects and later with people. Plaintiff never expressed a limitation as to time, place within the house, or manner of entry.”

Berzon treated that risible argument, which she said “borders on the fantastic,” with the scorn it deserved:

West’s consent quite obviously contemplated an entry by live human beings, not the tossing of incendiary objects into the house from the outside….The majority adopts an entirely implausible contrary reading of West’s consent…Because West “never expressed a limitation as to time, place within the house, or manner of entry,” the majority concludes that her consent that officers could “get inside” permitted a violent initial attack on her house with toxic objects. In so concluding, the majority supposes that someone who permits law enforcement officers to “get inside [her] house” while handing over a key consents to the officers not entering the house but instead lobbing dangerous objects, such as tear gas canisters—or stones or bombs, for other examples—into the house from the outside. It further presupposes that, in providing consent to entry, a resident must preemptively forbid actions no one would guess are contemplated by the commonsense understanding of the articulated consent. That is not the law.

In Berzon’s view, “interpreting the exchange between West and Officer Richardson as permitting the SWAT attack on West’s house as performed is patently unreasonable.” Based on principles established in prior cases, she said, “it is clear that extensive property destruction rendering a home uninhabitable goes beyond the limitations inherent in a general consent to search.” Hence “any reasonable officer would have known at the time that the search exceeded the scope of West’s consent.”

The 9th Circuit’s decision not only shields the officers involved in this particular incident from liability. It also invites other officers to do the same sort of thing in the future, since the court never actually says whether the Caldwell cops violated the Fourth Amendment. As 5th Circuit Judge Don Willett has noted, the practice of affirming qualified immunity without resolving the underlying constitutional issue creates a “Catch-22,” because “plaintiffs must produce precedent even as fewer courts are producing precedent,” and “important constitutional questions go unanswered precisely because those questions are yet unanswered.”

In its petition, the Institute for Justice argues that West’s case is “an ideal vehicle” for resolving a split between appeals courts that agree with Graber’s approach to qualified immunity, requiring precedents with facts that closely resemble those of the current case, and appeals courts that favor Berzon’s approach, which asks whether police conduct violates well-established constitutional principles even if no court has ever considered anything exactly like it before. “‘Courts of appeals are divided—intractably—over precisely what degree of factual similarity must exist’ to defeat qualified immunity,” the petition notes, quoting a 2019 opinion by Willett. “The split presented by this case is emblematic of a broader disagreement about what constitutes ‘clearly established’ law for purposes of qualified immunity.”

This case is part of a broader Institute for Justice project aimed at getting the Supreme Court to reconsider qualified immunity, an arguably unlawful doctrine it invented in 1982. The Court’s application of qualified immunity, Justice Sonia Sotomayor observed in a 2018 dissent joined by Justice Ruth Bader Ginsburg, “tells officers that they can shoot first and think later.” Justice Clarence Thomas, who does not agree with Sotomayor and Ginsburg about much else, also has urged his colleagues to reconsider the Court’s approach.

“Qualified immunity means that government officials can get away with violating your rights as long as they violate them in a way nobody thought of before,” says Institute for Justice attorney Joshua Windham. “Government officials are not above the law, and if citizens must follow the law, the government must follow the Constitution. That includes being held accountable for violating it.”

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7 Major Earth Changes Happening Right Now That Everyone Needs To Know About

7 Major Earth Changes Happening Right Now That Everyone Needs To Know About

Authored by Michael Snyder via The Economic Collapse blog,

There has never been a time in modern human history when our planet has been changing as rapidly as it is changing right now. 

The sun is behaving very strangely, freakishly cold weather is breaking out all over the world, ocean temperatures continue to rise, volcanoes all over the globe are shooting ash miles into the air, Australia is experiencing the worst wildfires that they have ever seen, and the north magnetic pole has been moving at a pace that is deeply alarming scientists. 

Could it be possible that all of this bizarre activity is leading up to some sort of a crescendo?

Sadly, most people don’t even realize what is happening, and that is because the mainstream media only emphasizes stories that fit with the particular narratives that they are currently pushing.

But it has gotten to the point where nobody can deny that really weird things are happening.  The following are 7 major earth changes that are happening right now that everyone needs to know about…

#1 According to NASA, solar activity has dropped to the lowest level in 200 years.  The following comes from the official NASA website

The forecast for the next solar cycle says it will be the weakest of the last 200 years. The maximum of this next cycle – measured in terms of sunspot number, a standard measure of solar activity level – could be 30 to 50% lower than the most recent one. The results show that the next cycle will start in 2020 and reach its maximum in 2025.

Of course NASA insists that everything will be just fine, but others are wondering if this lack of solar activity could potentially spawn another “Little Ice Age”

When solar activity gets really low, it can have the effect of a “mini ice age.” The period between 1645 and 1715 was marked by a prolonged sunspot minimum, and this corresponded to a downturn in temperatures in Europe and North America. Named after astronomers Edward Maunder and his wife Annie Russell Maunder, this period became known as the Maunder Minimum. It is also known as “The Little Ice Age.”

#2 When solar activity gets very low, it has traditionally meant very cold and very snowy winters, and right now we are seeing snow in places that are extremely unusual

The Egyptian capital, Cairo, was also turned white at the start of the month, despite the city not having snow in 112 years, and experiencing less than an inch of rain each year.

Many parts of Greece were covered in snow in early January, with low temperatures and strong frost.

The cold front named ‘Hephaestion’, after an Ancient Greek army general, thrashed the Greek landscape, bringing rain, sleet and ice in the east.

#3 Meanwhile, the oceans of the world just keep getting hotter and hotter.  In fact, ocean temperatures off the California coast have been setting new all-time record highs.  It is odd that this is taking place at a time of such low solar activity, but according to NBC News this is definitely happening…

The world’s oceans hit their warmest level in recorded history in 2019, according to a study published Monday that provides more evidence that Earth is warming at an accelerated pace.

The analysis, which also found that ocean temperatures in the last decade have been the warmest on record, shows the impact of human-caused warming on the planet’s oceans and suggests that sea-level rise, ocean acidification and extreme weather events could worsen as the oceans continue to absorb so much heat.

#4 There have always been wildfires, but we have never seen anything like this.  During the summer, countless catastrophic fires burned millions upon millions of acres in the Amazon rainforest, and this winter Australia’s fires have actually been a total of 46 percent larger than the fires that we witnessed in the Amazon.  Australia has never seen anything like this before, and according to NASA the smoke from these fires will completely circle the Earth

Once was bad enough, but smoke from Australia’s devastating bushfires is set to return to the country to complete a round-the-world trip that has seen it impact on air quality as far away as South America.

By Jan. 8, the smoke had made its way halfway around the world and will make at least one full circuit, according to scientists at NASA, citing satellite tracking data. New Zealand experienced severe air quality issues, while hazy skies and colorful sunsets and sunrises were seen in parts of Chile and Argentina.

#5 During the first half of 2020, volcanoes all over the world have been roaring to life and have been shooting giant clouds of hot ash miles into the sky.  For example, in the Philippines the Taal volcano shot ash nine miles into the air on Sunday, it has also been shooting scorching hot lava half a mile into the air, and the ground around the volcano is starting to crack wide open.

But even after all the devastation that we have already seen, authorities are warning that it could “re-explode at any moment”

The gray ash is knee-deep. It covers the homes, the bloated cadavers of cows and horses, their limbs protruding at unnatural angles in the shadow of a sulking volcano that could re-explode at any moment.

“My home is now gone,” said Melvin Mendoza, 39, a boatman who returned on Tuesday to Taal, the volcanic island in the middle of a freshwater lake just 40 miles south of Manila, which erupted on Sunday like an atomic bomb mushroom cloud.

Let us hope that this volcanic activity does not spread throughout that general area, because the largest super volcano caldera in the entire world has been discovered not too far from the Philippines

A team including members from GNS Science have identified an ancient mega-volcano that could have the largest known caldera on Earth.

The 150km (93.2 miles) wide feature is on the crest of Benham Rise, an oceanic plateau off the Philippines coast. In comparison, the caldera at Taupō is about 35km (21.8 miles) wide, and that at Yellowstone about 60km (37.3 miles).

#6 All of this is taking place while the north magnetic pole is moving toward Russia at a very rapid pace.  The following comes from CNN

The north magnetic pole has been slowly moving across the Canadian Arctic toward Russia since 1831, but its swift pace toward Siberia in recent years at a rate of around 34 miles per year has forced scientists to update the World Magnetic Model — used by civilian navigation systems, the North Atlantic Treaty Organization, and US and British militaries — a year ahead of schedule.

#7 On top of everything else, the Earth’s magnetic field has been steadily weakening over time, and this has some experts extremely concerned

In a forum on Quora, science fiction writer and journalist C Stuart Hardwick revealed that satellite data, such as those collected by the European Space Agency’s SWARM mission, revealed that the magnetic field has been weakening for about 5 percent each century. He noted that currently, the strength of the magnetic field is at 29.5 microteslas, which is 14 percent weaker than its previous state three centuries ago. According to Hardwick, the SWARM satellites detected increased deterioration within regions of the magnetic field over North America. He said these regions weakened by about 3.5 percent over the span of just three years.

Without our magnetic field, life on Earth could not exist for long.

And it doesn’t have to disappear completely to be a massive problem.  If it simply gets weak enough, dwelling on the surface is going to become exceedingly difficult.

As I keep warning, our planet is becoming increasing unstable, and what we have experienced so far is just the beginning.

The demands of life can often cause us to focus on things that don’t really matter.  Hopefully we can get more people to wake up while there is still time, because the clock is ticking for humanity and for our planet as a whole.


Tyler Durden

Thu, 01/16/2020 – 16:30

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Japan Widens Lead Over China As Top Foreign Holder Of US Treasuries

Japan Widens Lead Over China As Top Foreign Holder Of US Treasuries

November – the latest data point – saw surprisingly large net capital inflow to US markets, the biggest since Oct 2018 after two notable outflow months…

Source: Bloomberg

Overall foreigners dumped $41.5bn in Treasuries but bought everything else…

  • Agencies: +$28.3BN

  • Corporate Bonds: +$10BN

  • Stocks +$10.5BN

Source: Bloomberg

That is the biggest Treasury sale since Dec 2018…

While both Japan and China reduced their holdings in November, Japan’s lead over China as the biggest foreign holder of USTreasuries has increased…

Source: Bloomberg

  • China holds $1.09t of U.S. Treasuries, a decrease of $12.4b from last month

  • Japan sold too: $1.16t, a decrease of $7.2b from last month

As a reminder, in November, China criticized the U.S. for interference in its domestic affairs as President Trump prepared to sign legislation supporting the Hong Kong protesters.

Singapore (+11.8bn) and Ireland (+3.4bn) were the biggest Treasury buyers in November.

Foreign official institutions (central banks, reserve managers, sovereign wealth funds) have sold US TSYs for 15 consecutive months

…since Oct 2014, foreigners have sold TSYs on 56 of 62 months!!!

Probably nothing.


Tyler Durden

Thu, 01/16/2020 – 16:16

via ZeroHedge News https://ift.tt/30sN0rv Tyler Durden