Houston’s Police Chief Insists That Cops Who Executed a Deadly Drug Raid Based on Lies ‘Had Probable Cause to Be There’

Houston Police Chief Art Acevedo insists that the narcotics officers who shot and killed a middle-aged couple on January 28 after breaking into their home “had probable cause to be there,” even though they were executing a search warrant that was based on a fraudulent affidavit. Acevedo’s position is pretty puzzling, since the sole basis for the no-knock search warrant, which led to a deadly raid that found no evidence of drug dealing, was a “controlled buy” of heroin that he says never happened.

Gerald Goines, the veteran narcotics officer who wrote the affidavit seeking a no-knock search warrant for the house at 7815 Harding Street, was recently charged with two counts of felony murder based on the allegation that his lies led to the deaths of the home’s owners, Dennis Tuttle and Rhogena Nicholas. Goines claimed in the affidavit that a confidential informant had bought black-tar heroin at the Harding Street house the day before the raid. After the operation went horribly wrong, setting off a gun battle that injured Goines and three other officers as well as killing Tuttle and Nicholas, he admitted that no such transaction had occurred. Steven Bryant, a narcotics officer who backed up Goines’ story, faces a felony charge of tampering with a government document.

“We didn’t need to lie,” Acevedo said on August 23, the day that Harris County District Attorney Kim Ogg announced the charges against Goines and Bryant. “We could have done this right….When somebody lies to obtain a search warrant, that’s a problem.” When KPRC, the NBC station in Houston, asked him about his claim, a few weeks after the raid, that “we still had a reason to be at that home,” Acevedo replied, “I stand by that. We had probable cause to be there.”

It is hard to see how that can be true. According to Acevedo, Goines’ investigation of alleged drug dealing at the Harding Street house was triggered by a tip from a patrol officer who had responded to a January 8 call in which an unnamed woman reported that her daughter “was in there doing heroin.” At a press conference three days after the raid, Acevedo described the call this way: “The caller wanted to remain anonymous but said that her daughter was inside the residence ‘doing drugs, and they have a lot of guns in the residence.’ She stated there was also a female in the house.” The woman said she had looked through a window, and she saw that “her daughter was in the house, and there were guns and heroin.”

When two patrol officers arrived in response to that call, the woman was nowhere to be found. According to Acevedo, they questioned a passer-by and afterward heard her say into her cellphone, “Hey, the police are at the dope house.” When the officers called the woman who had made the report, Acevedo said, “She stated she did not want to give any information because they were drug dealers and they would kill her. She wanted the officers to go into the house and get her daughter.” The officers explained that they had no authority to enter the house.

The tip about that incident seems to have been the only basis for suspecting that Tuttle and Nicholas were selling heroin. In his affidavit, Goines, who supposedly had been investigating them for two weeks, cited no suspicious activity consistent with drug dealing. (Nor was any noticed by neighbors who spoke to reporters after the raid, notwithstanding Acevedo’s claim that the home was known locally as a “drug house” and “problem location.”) Goines apparently had not even bothered to look up the names of the home’s owners; he described the middle-aged man who supposedly had sold heroin to the nonexistent confidential informant as a “white male, whose name is unknown.”

If Goines had developed evidence to support a search warrant, as Acevedo suggests, why did he feel a need to invent a transaction by a fictitious confidential informant? Why was that fantasy the only evidence cited in the affidavit? Goines’ behavior makes no sense if police had an independent basis for probable cause.

“Our government should not have intervened in that home, and two people are dead as a result,” Ogg told KPRC. “The probable cause to obtain the search warrant was false.”

The initial tip did not provide probable cause for a search. Neither did the phony controlled buy. But according to Acevedo, police could have obtained a warrant based on other, unspecified evidence that Goines for some mysterious reason failed to cite.

That claim is of a piece with the way Acevedo described the officers who killed Tuttle and Nicholas after starting a gunfight by breaking into the house without warning and using a shotgun to kill the couple’s dog. “I still think they’re heroes,” Acevedo said after Goines and Bryant were charged. While those two officers may be bad apples, Acevedo said, their colleagues “acted in good faith” and appropriately used deadly force to defend themselves. The first claim is debatable based on what we know so far, and the second is highly dubious given the raid’s recklessness. Acevedo’s assertion of probable cause based on evidence that was never presented to a judge is even harder to believe. It does not inspire confidence in his ability to recognize, let alone correct, the supervisory deficiencies that made this fiasco possible.

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“Financial Vandalism” Of Low And Negative-Yield Bonds Wreck Pension Plans

Authored by Mike Shedlock via MishTalk,

Unnaturally Low and negative yield bond yields are wrecking pension plans.

Source: Bloomberg

Negative-yielding debt has spread to more than 30% of the world’s investment-grade bonds — the most ever.

Source: Bloomberg

Pension World Reeling

Most US pension plans assume returns of six to seven percent. They have shied away from government bonds because yields have been too low.

 

Bloomberg reports Pension World Reels From ‘Financial Vandalism’ of Falling Yields

A once-unthinkable collapse in global bond yields is forcing pension funds to buy bonds that offer negative returns — putting the financial security of future retirees in jeopardy.

U.S. institutions managing trillions of dollars in retirement savings — including the California Public Employees’ Retirement System — have been ratcheting down return expectations. Japan’s Government Pension Investment Fund, the world’s largest, has warned that money managers risk losses across asset classes. In Europe, pension funds may be forced to cut benefits in part thanks to the decline in rates.

The true madness is pension funds being forced to invest in assets which will be guaranteed to lose, such as in the case of long dated inflation-linked gilts at real yields of -3%,” said Mark Dowding, chief investment officer at BlueBay Asset Management, which has pension-fund mandates.

“It is financial vandalism and the government and central banks need to wake up to this.”

Vandalism or Fraud?

I commented on this previously.

Pick the term that suits you.

Five Choice Terms

  1. Fraud

  2. Theft

  3. Counterfeiting

  4. Robbery

  5. Vandalism

The first four are the most accurate but it is good to see someone else thinking about the situation along the right lines.

I discussed this setup in detail in Negative Yield Curves to Infinity and a Reader Question Regarding Fraud

Please read the above link if you don’t understand why negative yields constitute fraud, theft, or counterfeiting, and why negative yields can never occur in the absence of manipulation.

via ZeroHedge News https://ift.tt/2HDprE7 Tyler Durden

Wozniak: Time To Split Up Apple, Other Tech Monopolies

Apple co-founder Steve Wozniak says it’s time to break up big tech monopolies – including Apple, Facebook and Google. According to The Woz, these tech titans are abusing their powers to crush companies in other markets

“I am really against monopoly powers being used in unfair antitrust manners, not opening up the world to equal competition, using your power in unfair ways, and I think that’s happened a lot in Big Tech and they can get away with a lot of bad things,” Wozniak told Bloomberg Technology last week, adding “I’m pretty much in favor of looking into splitting up companies, I mean I wish Apple on its own had split up a long time ago and spun off independent divisions.” 

While Apple is not currently the subject of an official antitrust investigation (that we know of), several US tech giants face multiple probes – along with calls to break them up from the likes of President Trump, Elizabeth Warren and Bernie Sanders. 

According to Cnet, “Wozniak also criticized tech companies for using humans to listen to voice assistants, pointing to Amazon’s Alexa and Apple’s Siri, saying it infringes on privacy. Microsoft, Apple, Google and Amazon have all been called out for doing so.”

What does Wozniak like? 

“I like startups,” he said, adding “Young companies with an idea, trying to make something out of it, you know much more than the big, huge tech companies.”

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Hezbollah Will Respond To Israel: But When? How? And At What Cost?

Authored by Elijah Magnier, Middle East based chief international war correspondent for Al Rai Media

ZH note: War correspondent Elijah Magnier’s rare access to high level sources in Iran, Iraq and Lebanon, gives him unique capability to articulate Hezbollah’s strategic thinking and perspective, which he does so below from an on the ground perspective based on local sources. 

The “Axis of the Resistance” has been informed about Hezbollah’s intention to respond to Israel imminently, confirmed sources within the decision-making leadership. The main offices of militant leadership and all gathering of forces have been abandoned or forbidden, and a state of full alert has been declared in preparation for a possible Israeli decision to go to war. In Iran, Syria and Palestine, the finger is on the trigger. Is the Middle East going to war? Actually, it all depends on how far and in which direction the Israel Prime Minister Benjamin Netanyahu wants to go  and the degree to which he will accept, or not, the hit back from Hezbollah.

This all snowballed when, from al-Ayen in the Bekaa Valley, Hezbollah Secretary General Sayyed Hassan Nasrallah launched his threat against Israel. He swore to down drones violating Lebanese sovereignty and threatened to kill Israelis. This is would be carried out in retaliation for the Israeli killing of two Hezbollah members in Syria, and for sending suicide drones to hit Hezbollah high-value objectives and capabilities in the suburbs of Beirut.

Netanyahu responded a few hours late by bombing a position of the Popular Front for the Liberation of Palestine – General Command (PFLP-GC) – in the same Bekaa Valley, to send a clear message to Sayyed Nasrallah: Hezbollah’s challenge is being acknowledged, and answered with another Israeli challenge. Now it is only a question of when, how, and at what cost the Hezbollah “bloody retaliation” will be, bloody because it is inevitable that Israeli soldiers will be killed.

Sayyed Nasrallah had no option but to respond to the Israeli violation of the Rule of Engagement (ROE) established since the 2006 third Israeli war on Lebanon. If he fails to hit Israel and accepts the ongoing international mediation and politico-financial temptations offered to the Lebanese government to persuade him to renounce his promised attack, he loses his credibility, which is substantial right now.

Moreover, Israel would then be encouraged to hit more targets in Lebanon as it is doing in Iraq and in Syria for some years now, against hundreds of objectives. If Hezbollah refrains from responding as promised, Netanyahu will “get away with it”: this boosts his chances in the forthcoming election.

Sayyed Nasrallah committed himself before the whole world to hit back at Israel. All eyes in the Arab world – in particular among the Palestinians, the Syrians, the Iraqis, the Yemeni and his own Lebanese society that is embracing Hezbollah – are focused on what the target will be and when the attack will take place. In Israel, Sayyed Nasrallah has high credibility, and people believe him, as indeed most Israeli newspapers write today. Hezbollah is expected to halt Israel’s violation of the Rules of Engagement and give an example to follow for all those within the “Axis of the Resistance” and put a stop to the Israeli attacks on their sovereignty.

It will not be possible to stop all Israeli drones from flying over Lebanon and prevent these from collecting intelligence information. That is considered vital to Israel to update its bank of objectives and analyse any potential threat. Sayyed Nasrallah is aware of that and for that very reason he would indeed attempt to down Israeli drones.

Since the attack against Beirut, Israeli drones continue over flying Beirut: “Israel is doing everything to provoke a reaction from Hezbollah so that it can identify our anti-air missile capability”, said a source within the “Axis of the Resistance”.

Israel is also waiting to see if it is possible to continue targeting Hezbollah warehouses or send suicide drones to target-kill specific individuals, depending on the price it needs to pay in exchange for its killing of Hezbollah operatives. Netanyahu has positioned himself at the bottleneck, unable to move in or out. He pushed his arrogance to the limit in Lebanon, knowing that he would corner Sayyed Nasrallah if Hezbollah were not to hit back (due to the critical financial situation in Lebanon) and the desire to stay away from a devastating war. Now, the Israeli Prime Minister is asking Hezbollah to “calm down”. But it looks like it is too late to turn back the hands of the clock.

Because Iraq did not reply to the Israeli targeting of its warehouses (five destroyed so far) and the assassination of an Iraqi commander (killed by a drone on the Iraqi-Syrian border), Israel obviously concludes that the Iraqi stage is open to its military activities. Hezbollah is aware of the Israeli modus operandi so it cannot permit replication in Lebanon, even at the cost of going to war.

Actually, in Israel, many leaders are blaming Netanyahu for gossiping and bragging about Israel’s responsibility in attacks outside Israel’s borders. Israel generally prefers to be quiet about this practice, one used by Israel for decades but now exploited by Netanyahu for electoral purposes.

So, what is the “cost” Hezbollah is looking for? According to sources within the “Axis of the Resistance”, Hezbollah is looking for a target – to kill two or three Israelis or send a suicide drone against an Israeli military gathering or other more deadly and spectacular options. “Israel is only a few meters from the Lebanese borders. Killing Israeli soldiers is so simple when a Rule of Engagement is violated. Netanyahu will have to justify for his people what advantage he gained in breaking the cessation of hostility since 2006 despite repeated warnings of the consequences. He is either looking for war – in which case both belligerents have to be ready – or he will have caused unnecessary killing on both sides. He will have to pay the price for this,” said the source.

Obviously, Hezbollah is not looking to push Israeli too far outside its comfort zone, with an “acceptable” number of casualties: a hit in exchange for another hit. It will depend on Netanyahu to take it further into war if he wishes to, or to nurse his wounds. Although the Israeli Prime Minister holds the initiative and was respecting to the “rules of the game” as long as he honored the undeclared agreement, it is time now for him to understand that Lebanon, despite its small size, is not Yemen or Syria or Iraq. 

Sayyed Nasrallah’s disposition to attack Israel was boosted by the Lebanese President Michel Aoun who described the Israeli aggression as “an act of war”. Prime Minister Saad Hariri considered the aggression “a threat to regional stability”. Hezbollah has enough domestic support to stand against Israel and retaliate even if the situation goes out of control. Sayyed Nasrallah is no longer constrained by the Lebanese officials who asked him months ago to take into consideration the tourist season, and to share their positive view of the highly tense situation in the Middle East. Indeed, the Iranian, Iraqi, Syrian, Palestinian and Lebanese fronts are all on the verge of explosion, depending on how Israel and the US are willing to be “guided.”

During the last Israeli elections, Hezbollah decided to keep at a distance. This time it seems the situation is different. There is an opportunity for Hezbollah to damage Netanyahu who is facing elections during the third week of September. In this case, Hezbollah’s reply to Israel must be before the 19th of September. If Netanyahu decides to go to war regardless of the outcome, he will certainly lose his possibility of re-election. Most probably, if he does not respond to Hezbollah, he will look weak but will come out of it with less damage.

This takes us to the date of the attack. First, and indeed above all, it depends on the opportunity and on identifying a selective target. That depends on the military decision and findings on the Lebanese-Israeli borders and most probably in the next 72 hours. Second, there are possibilities for allowing the 31stof August to go by, the date the “Amal” movement is planning a large gathering in Beirut to start celebrating the first day of Muharram. This is the first night that marks the beginning of Ashura, a solemn day of mourning for the martyrdom of Imam Hussein Bin Ali Bin Abi Taleb, Mohammad’s grandson, at Karbalaa, Iraq.

The first 10 days of Ashura bring most of the Shia in Lebanon and in particular Hezbollah supporters, to the utmost level of sacrifice. Netanyahu could not have chosen a worse timing for his violation of the Rules of Engagement.

Sayyed Nasrallah is not obliged to provide a date of attack to Israel. It is common for an organization to first exhaust a country’s resources by forcing it to mobilize its forces on all fronts and abroad to protect its embassies. Therefore, the exact date will be kept in the hands of Hezbollah to evaluate. It could be that allowing the Israeli soldiers to relax on the borders after several weeks of lack of action would create the best opportunity, but I doubt Hezbollah would wait that long. As we have said, Hezbollah as a matter of precaution has abandoned its offices and known gathering places: this is standard practice when war (an Israeli hit or attack) is expected. Netanyahu has really no alternative but to wait and decide if war is really going to be his next best option.

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

“A Rare Smoking Gun”: Judge Says Goldman And Four Other Firms “Blatantly Price Fixed” GSE-Backed Bonds

Goldman Sachs and four other financial firms are facing claims that they rigged the $550 billion market for bonds backed by Fannie Mae and Freddie Mac, according to Bloomberg. 

In the Southern District of New York, a proposed class action suit accuses the institutions of driving down the offer that they bought unsecured bonds at and “pumping” up the bid at which they sold them over the counter. 

U. S. Southern District of New York Judge Jed S. Rakoff allowed the case to proceed against Goldman Sachs, Deutsche Bank Securities Inc., BNP Paribas Securities Corp., Morgan Stanley & Co., and Merrill Lynch.

The judge concluded that traders from these banks engaged in price fixing by using industry chatrooms, which exist primarily so that banks, dealers and co-underwriters can work together on a limited basis to find opening prices for bond issuances. However, in this case, four chat logs instead offered evidence that the traders discussed how to avoid a “race to the bottom” on the secondary market. 

Judge Jed Rakoff

The judge called it a “rare smoking gun”.

“This, on its face, is blatant price fixing,” he continued, dismissing the bank’s argument that those “authorized to coordinate on an opening price are allowed to have unrestricted pricing discussions during the syndication phase.”

The judge continued: 

“If it is illegal to fix the secondary prices for bonds once they are on the market, it cannot be legal to fix such prices through conversations that occur right before.”

The judge also rejected the idea that four isolated chats weren’t sufficient enough to make up a conspiracy. Instead, the judge said that the tone of these four chats indicated that there were “many others”. 

The judge threw out claims against 12 other banks, including Barclays Capital Inc., Citigroup Global Markets Inc., Credit Suisse Securities, UBS Securities LLC, and HSBC Securities (USA) Inc., because the suit couldn’t link them to the scheme, despite “plausibly pleading that the conspiracy extended beyond” the chatroom.

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

Breaking Down The Bull/Bear Argument

Authored by Lance Roberts via RealInvestmentAdvice.com,

Market Review & Update

Really! Another week of nowhere? 

This is the same chart from last week, updated, but here is the salient point.

“This has been an impossible market to effectively trade as rhetoric between the White House, the Fed, and China has reached a fevered pitch.”

Don’t fall into the trap.

On Thursday, the market rallied as China said they were not going to retaliate against the U.S. on trade immediately. They also stated they wanted to take a “calm” approach to the discussions. 

The media, and Wall Street, heard:  “Trade Deal.” 

That is NOT the case by any stretch of the imagination.

As we wrote previously:

China is playing a very long game. The pressure is on the Trump Administration to conclude a ‘deal,’ not on China. Trump needs a deal done before the 2020 election cycle, AND he needs the markets and economy to be strong. If the markets and economy weaken because of tariffs, which are a tax on domestic consumers and corporate profits, as they did in 2018, the risk-off electoral losses rise. China knows this and is willing to ‘wait it out’ to get a better deal. China is not going to jeopardize its 50 to 100-year economic growth plan on a current President who will be out of office within the next 5-years at most.

What China has figured out is they can easily manipulate Trump into giving up strategic positioning by offering to “talk.” This continues to be an effective strategy since they know Trump’s re-election is contingent upon a strong U.S. economy, and stock market. By slow-rolling progress, and agreeing to “talk,” Trump has given up ground to support U.S. corporations. At the G-20 he agreed to allow companies to sell products to Huawei. Then, he delayed tariffs until December on major consumer goods, which would have negatively impacted U.S. corporations Christmas selling season. 

In exchange, China has done….nothing. 

This is the same trap I warned Trump would fall into with North Korea over nuclear weapons. To wit:

“As a dictator, he [Kim Jung Un] can not afford to show weakness. Therefore, he needs the U.S. to acquiesce to some degree to allow him to claim victory over the ‘evil empire’ of the west. By continuing to bring Trump to the table to ‘talk,’ he doesn’t give up anything. However, the ‘talks’ continue to buy time to continue his missile development.” 

Today, there is “no deal” with either North Korea or China. 

In the coming weeks, China will once again come to the table, they will make concessions, which will temporarily excite the markets, and then they will default on those agreements. Trump will get mad, he will slap more tariffs on China, and the entire cycle will begin again. 

The risk, however, with tariffs already engaged, is whether economic growth falters before the upcoming election. An economic downturn prior to the 2020 election is the greatest threat to Trump’s re-election. This is precisely what China is trying to achieve which would give them tremendous bargaining power over Trump.

One thing is certain, there will be much more volatility between now, and the end of the year. 

From a short-term market perspective, the risk is to the downside next week:

  1. Historically, September is one of the weakest months of the year, particularly when it follows a weak August.

  2. The market remains range bound and failed at both the 50-dma and downtrend line on Friday

  3. The oversold condition has now reversed. (Top panel)

  4. Volatility is continuing to remain elevated.

  5. Important downside support moves up to 2875

  6. The bulls regain control of the narrative on a breakout above 2945. 

It is from this perspective that we continue to hold an overweight position in cash (see 8-Reasons), have taken steps to improve the credit-quality in our bond portfolios, and shifted our equity portfolios to more defensive positioning. 

For now, the reduced volatility, and hedges, continue to allow us to navigate market uncertainty until a better risk/reward opportunity presents itself.

Breaking Down The Bull/Bear Argument

I received an interesting email on Thursday (I have reformatted the email for readability.)

“According to the legend, Martin Armstrong most people get caught at the top when the trend turns on them.  Likewise, we know the story that when the shoeshine guy giving stock tips; you know its time to sell. 

It looks to me like we find ourselves in a radically different predicament.

  1. The S&P 500 is still just a stone’s throw away from all-time highs, yet the sentiment everywhere is decidedly bearish. The shoe shine guy (if I could find one) would be telling us to sell everything.

  2. There have been record outflows from the market for months, if not years, and the sky is going to fall on everyone tomorrow.

  3. There is record amounts of cash on the sidelines due to fear.

I cannot get this combination of facts to jive. The “herd” does not have a very good track record of making great timing calls on the market and I literally cannot find one bull anywhere. I would feel a lot better about calling a turn in the market if everyone and their brother was bullish.”

The email is a great example of the “quandary” facing investors currently. On the one hand, there is troubling economic data and “trade wars,” which provide a logical concern for investors with capital at risk. But, on the other hand, the “algo’s” which make up roughly 80% of the trading in the markets are knee-jerking every “trade,” or “Fed,” related headline keeping asset prices elevated near all-time highs.

What do you do?

The answer is “nothing.” 

As we noted previously, sometimes, when the path forward is unclear, and volatility is high, the best thing to do is to “sit on your hands” and wait for the market to “tell” you what to do next. Over the last few weeks, being “long” equities has been frustrating. However, being “short” has been equally discouraging.

The email hits on a few of the “myths” which prevail in the markets currently. These are fairly important concepts to understand, so let’s break them down individually. 

1) Sentiment Is Hardly Bearish

Currently, individuals could not be more confident about the markets or the economy. As shown in the chart below both investor confidence about the economy, and expected returns from stocks over the next 12-months, are near record highs, not lows.

Moreover, as I noted just recently in “When A Bond Bull Becomes A Raving Stock Bull,” the retail investor is just about as long-biased as they can get. 

While it may “seem” like everyone is “bearish,” it isn’t the case. Part of this has to do with the “training,” investors have received over the last decade.

While some sentiment indicators clearly show a surge in bearish sentiment, which normally denotes a substantial level of fear by investors, there has been no substantial change to actual allocations.

While stock allocations have fallen modestly, cash and bond allocations have barely budged. This is a far different story than was seen during previous major and intermediate-term corrections in the market.

This suggests that while investors are worried about the markets and their investments, they are too afraid to actually make changes to their portfolio as long as Central Banks continue to support the markets.

“Are you afraid of a market crash? Yes.

Are you doing anything about it? No.” 

This “fear” to do something, leaves lots of room for “panic” when something eventually breaks.

2) Record Outflows?

There has been lot’s of discussions about the record outflows from equities. That really isn’t the case as shown by the most recent fund flows analysis. 

“Long-term fund flows enjoyed a solid second quarter and a robust first half of 2019. Long-term fund flows—open-end and exchange-traded funds—collected nearly $93 billion in the second quarter, a slight decrease from the first quarter’s $136 billion. In total, long-term fund flows collected $224 billion in the first half of the year, slightly ahead of 2018’s $219 billion.”

Of course, the crowding into ETF’s is a whole other “time bomb” waiting for unwitting investors.

To wit:

With more ETF’s than individual stocks, and the number of outstanding shares traded being reduced by share buybacks, the risk of a sharp and disorderly reversal remains due to compressed credit and liquidity risk premia. As a result, market participants need to be mindful of the risks of diminished market liquidity, asset price discontinuities and contagion across asset markets.

Secondly, individual investors are NOT passive even though they are investing in “passive” vehicles. Today, more than ever, advisors are actively migrating portfolio management to the use of ETF’s for either some, if not all, of the asset allocation equation. However, they are NOT doing it ‘passively.’

Just because individuals are choosing to “buy baskets” of stocks, rather than individual securities, it is not a ‘passive’ choice but rather ‘active management’ in a different form.  

While the idea of passive indexing works while all prices are rising, the reverse is also true. The problem is that once prices begin to fall the previously ‘passive indexers’ will become ‘active panic sellers.’ The tables are once again set for a dramatic and damaging ending.”

Furthermore, it is hard to suggest there are record outflows when the market is extremely overbought. As Ned Davis noted: 

“Stock market bulls have been arguing for months that muted stock market valuations and consistent equity-fund outflows are proof-positive that stock-market investors are not feeling the sort of euphoria that typically exists before the start of an economic recession or bear market. But a longer-term view of equity valuations and allocations indicates ‘excessive optimism.’”

Davis, in a note, said that the value of the S&P is much higher today than the index’s average growth would predict. In fact, it’s higher relative to the average than it has been 80% of the time.

In other words, be careful of the idea that investors are unduly “bearish,” the reality is quite different.

3) The Myth Of Cash On The Sidelines

Despite 8-years of a bull market advance, one of the prevailing myths that seeming will not die is that of “cash on the sidelines.” To wit:

“Underpinning gains in both stocks and bonds is $5 trillion of capital that is sitting on the sidelines and serving as a reservoir for buying on weakness. This excess cash acts as a backstop for financial assets, both bonds and equities, because any correction is quickly reversed by investors deploying their excess cash to buy the dip,” Nikolaos Panigirtzoglou, the managing director of global market strategy at JPMorgan, wrote in a client note.

Stop it.  

This is the age-old excuse why the current “bull market” rally is set to continue into the indefinite future. The ongoing belief is that at any moment investors are suddenly going to empty bank accounts and pour it into the markets. However, the reality is if they haven’t done it by now after 3-consecutive rounds of Q.E. in the U.S., a 300% advance in the markets, and ongoing global Q.E., exactly what will that catalyst be?

Clifford Asness previously touched on this issue as well.

“There are no sidelines. Those saying this seem to envision a seller of stocks moving her money to cash and awaiting a chance to return. But they always ignore that this seller sold to somebody, who presumably moved a precisely equal amount of cash off the sidelines.”

Every transaction in the market requires both a buyer and a seller with the only differentiating factor being at what PRICE the transaction occurs. Since this is required for there to be equilibrium in the markets, there can be no “sidelines.” 

Furthermore, despite this very salient point, a look at the stock-to-cash ratios also suggest there is very little available buying power for investors current.

The reality is that investors remain more invested in riskier assets than has historically been the case. And, as Ned Davis noted:

“Cash is low, meaning households are fairly fully invested.” 

4) Not A Bull In Sight

Lastly, our emailer suggests he can’t find a bull anywhere. It is only because he isn’t looking in the right places.

Our full year GDP is on pace for 2.6%, which is stronger than the average annual GDP of this entire 10½ year expansion. Unemployment is near record lows. Consumer confidence is near record highs. And corporate earnings continue to impress.

None of that says recession.

But let me just play along for a moment and pretend that the inverted yield curve actually meant something this time around – the fact of the matter is that the economy often expands after an inversion, and the stock market goes up on average of double-digits afterwards.

If anything, the inverted yield curve is one of the best buy signals of all time.”– Kevin Matras, Zacks Research

Or, this:

“Despite recent recession fears and yield curve inversions, the bull market should live on until early 2021, analyst Tom McClellan said Thursday on CNBC’s ‘Closing Bell. ‘ Everyone needs to just keep their pants on for now and realize that the yield curve gives a really long early warning about trouble. It doesn’t say that trouble is upon us now. It takes several months to over a year before we get the final price high after a yield curve inversion. If you get an instance like 1995, there was a very momentary yield curve inversion and then it backed off and the bull market kept on going. So that is possible.” – CNBC

You can’t get much more bullish than that.

However, as I wrote previously in “The Yield Curve Is Sending A Message:” 

“While everybody is ‘freaking out’ over the ‘inversion,’ it is when the yield-curve ‘un-inverts’ that is the most important.

The chart below, shows that when the Fed is aggressively cutting rates, the yield curve un-inverts as the short-end of the curve falls faster than the long-end. (This is because money is leaving ‘risk’ to seek the absolute ‘safety’ of money markets, i.e. ‘market crash.’)”

“As noted above, the current economic data is only a ‘guess’ about the current economy. In the next 12-months, we will see the ‘revised’ data, but the yield curve is already telling you it will be weaker.

Just as in December 2007, there was ‘no recession.’ It wasn’t until December 2008, when the data was revised, that the National Bureau of Economic Research (NBER) announced the recession had begun a full year earlier. In December 2007.” 

Lastly, this isn’t 1995. 

The Fed did cut rates in 1995 to fend off risks from the Orange County Bankruptcy, but the yield curve was nowhere near inversion. When The Fed begin seriously cutting rates, in 1999, as the yield curve inverted, well, I don’t need to remind you what happened next.

The Fed is cutting rates with the “yield curve” inverted. 

I wouldn’t dismiss that too quickly.

Kevin Matras is correct. The stock market DOES indeed go up double digits following a yield curve inversion. The only issue is that it is the first step in recovering from the bear market that preceded it.

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“Burn With Us” – Protesters Clash With Riot Police At Hong Kong Airport Amid Surge Of Violence

Following one of the most violent days of unrest since the anti-extradition bill protests began three months ago, Hong Kongers again ignored police orders to stay home on Sunday and gathered at Hong Kong International Airport. Though Sunday’s demonstration was smaller than Saturday’s, police once again escalated their violent tactics, at one point seeming to indiscriminately beat down young people traveling on the city’s public transit on suspicion that they might be traveling to join the protest.

Protest leaders called on supporters to overwhelm roads and rail links to the airport on Sunday and Monday to try and cause mass cancellations of flights like they did two weeks ago, according to the SCMP.

They were met by an army of riot police, who forced them to retreat to Tung Chung, where many demonstrators took refuge in the local MTR station.

Some protesters tried to set up barricades to stop the advancing riot police, leading to scuffles that have become all too familiar at this point in the protest movement.

 

After a brief, but violent, showdown with police Sunday afternoon, calm had returned to the airport by Sunday night, but travelers were left to improvise alternative routes to the airport as police shut down the express train service, forcing flyers to take taxis and buses on highways clogged with pedestrians.

After leaving the airport, protesters gathered in Tung Chung, where the MTR station was trashed during scuffles with police, and barricades were set on fire. Protesters also gathered at Citygate mall. Many ended up stranded on Lantau Island as police also shut down the Tung Chung MTR line after claiming it was “vandalized” by protesters.

With no access to public transportation, thousands of people resorted to walking on the expressway. Throughout the day, friendly motorists gave protesters rides from the airport and Tung Chung back to more urban areas of Hong Kong.

Speaking to the Hong Kong Free Press, a 25-year-old protester named James said his group had decided to leave the airport because they felt vulnerable.

“In the evening it’s dangerous, especially at the airport – it’s just a small island…Police can come from the airport and Tung Chung, so it’s two-sided, they can attack from two sides. So it’s hard to defend yourself,” he said.

At the Tung Chung MTR station, protesters smashed turnstiles and other equipment, while spray painting slogans like “Communist Party Railway” on the walls. A wave of anger has been directed at MTR over its decision to allow Hong Kong police to board trains and harass protesters.

In what appears to be a new slogan for the movement, demonstrators spraypainted “Burn With Us” and “8.31”, “7.21” on the station’s walls. The latter dates are references to the attacks on demonstrators on Saturday, and back in Yuen Long on July 21 (Of course, if they start using “down with Pooh,” Beijing will have no choice but to crush the movement).

Videos shared on social media Sunday only added to the outrage, as they showed police in helmets and gas masks beating pedestrians and riders inside a train in Prince Edward station.

A spokeswoman for Hong Kong police told Voice of America that police had used “appropriate force” during the clashes with suspected protesters. She admitted that it was difficult to distinguish between protesters and the public as police moved against the crowd at the Prince Edward station.

“Police will continue to take resolute enforcement actions so as to safeguard the city’s public safety and bring all lawbreakers to justice” police said in a news release.

Representatives for Hong Kong’s government said police were justified.

“The behaviors of the radical protesters gravely breach the public peace and pose a serious threat to the safety of police officers on duty and members of the public at the scene,” according to a news release issued Sunday.

Once again, demonstrators turned out in smaller numbers on Sunday after police banned a planned rally and march organized by a group that had spearheaded gatherings held earlier in the protest movement that involved some 2 million people. A few thousand protesters occupied Harcourt Road, a major east-west highway near Admiralty.

As they did on Saturday, protesters chucked bricks and Molotov cocktails at police, while police hammered the crowd with blue-dyed water shot from water cannons. According to VOA, the sound of military helicopters flying overhead and the firing of tear gas rifles gave the day an “ominous” soundtrack.

The increasingly violent nature of the protests has led to a spike in hospitalizations. According to Hong Kong’s Hospital Authority, 41 people were hospitalized on Saturday, with 5 men still in critical condition as of Sunday evening.

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Hezbollah’s Response Begins: Israeli Soldiers “Killed And Wounded” In Missile Attack

It begins  Hezbollah issued the following statement amid Israeli confirmation that its forces came under attack Sunday: 

At 4:15 PM, Martyrs Hassan Zbeeb and Yasser Daher Group destroyed an IDF military vehicle near the road of the Avivim military base, killing and wounding vehicle’s occupants.

Israeli Defense Forces (IDF) confirm in a statement that several anti-tank missiles were fired from the Lebanese side of the border toward an IDF base and military vehicles. Reports say Israel has returned fire, shelling several sites in southern Lebanon.  

Hezbollah Secretary General had previously promised decisive military response to last week’s Israeli drone attacks on Hezbollah offices in south Beirut, and the assassination of a PFLP commander in Bekaa valley.

“A number of anti-aircraft missiles were fired from Lebanon at an IDF base and military vehicles in the area,” the IDF said. “There are a number of hits.”

“A short while ago, fires broke out in the Lebanese border area. The fires originate with operations by our forces in the area,” the IDF said in a follow-up statement. 

Civilians on both sides of the border are reportedly taking shelter as more exchange of fire is expected.

Hezbollah and Lebanese media sources are claiming to have the strike on an Israeli military vehicle “killed and wounded those inside” — something which Israeli officials have yet to confirm or deny.

developing…

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Brexit Gloves Come Off, “Let The Massacre Begin” Says Eurointelligence

Authored by Mike Shedlock via MishTalk,

Tory rebels are preparing emergency legislation to stop a No Deal Brexit. Such threats increase the odds of No Deal.

“Let the Massacre Begin” says Eurointelligence.

The gloves have come off on both sides. MPs are now plotting a strategy to take total control of the House of Commons, and anti-Brexit Lords have devised a strategy to frustrate a filibuster. The important question is not whether a legislative route is theoretically possible within the time limits – we think it probably is – but whether the rebels have the votes, and if they do, whether such legislation is effective. On the first, we don’t think they do. On the second, we are sure that it is not.

Time Limits

​Regarding time limits, Eurointelligence seems to have come around to my point of view that the real physical limit may be September 9.

Alternatively, both of us noted a chance of everything getting done precisely on September 3. That mathematical chance always existed.

Possibly we are discussing two different things depending on what Eurointelligence means by “legislation”.

The point is moot because even if there is time and there is a sufficient number of votes, Eurointelligence has the view I have stated many times recently “we are sure” that it won’t work.

Arm Twisting

There is a lot of arm-twisting going on in the background – coupled with the implicit threat that a vote in favour of anti-Brexit legislation would most likely trigger elections and the certain deselection of Tory rebels. Tories and Labour MPs are both aware that extension is not a popular option in the country. The April extension brought victory to Nigel Farage’s party in the European elections in May. If parliament votes in favour of a law to extend, it is possible that Johnson would then risk a pre-Brexit election, with the support of Corbyn. We think he will probably do at least as well as Theresa May did two years ago, but with MPs that are committed to his Brexit strategy.

Not Understanding the Law

The default legal position is that Brexit happens on October 31.

The UK cannot unilaterally change that even if Parliament passes a law declaring it illegal.

I have been amused from the beginning about such tactics, have frequently stated such laws are not binding. Eurointelligence comments similarly.

The Remainers’ biggest weakness is a lack of an overall strategy that extends beyond the narrow confines of the House of Commons and its ancient rules. The single biggest misunderstanding in the Brexit process relates to the nature of Art. 50, which is EU law, not UK law. We were reminded of this once again yesterday when we saw an article in Prospect magazine, which compared the five-week prorogation to Hitler’s Reichstag fire. Apart from the fact that it is never a good idea to make casual Hitler comparisons, the comparison reveals a lot about the author’s exaggerated views on the role of the parliament. Art. 50 gives parliaments two specific rights: ratify a withdrawal deal or revoke. Prorogation will not restrict the parliament’s ability to do either of those things.

Johnson could frustrate even a watertight extension bill by threatening to become a rogue member of the European Council, vetoing every decision that is put in front of him. If push comes to shove, the European Council is more likely to side with Johnson against the parliament, than vice versa, unless they have the confidence that the parliament can produce an alternative PM. This is why the rebels really need a new prime minister in place by end-October. Legislation to extend only works if there is at least some collusion from Number 10, as was the case with May. 

Three Part Scenario

Once again we return to the one and only scenario that has a chance:

  1. A motion of no confidence that succeeds

  2. Parliament agrees on an alternate caretaker PM

  3. Johnson goes along with it and resigns or loses a legal challenge if he doesn’t.

Even then, there is a high likelihood that Johnson wins the ensuing election.

Polls

That margin would likely give Johnson a workable majority.

And I suspect that Johnson would cooperate with the Brexit Party for a huge majority unless Labour and the Liberal Democrats united.

The Brexiteers are united, but Labour wants a referendum for which there is little public support while the Liberal Democrats want to remain.

It’s even a bit more complicated for Labour because Corbyn personally supports a customs union.

This is the huge problem for Labour at the moment.

We Have a Way

Boris Johnson made this claim today: “We Have a Way to Get Brexit Done“.

  1. Boris Johnson has warned MPs that trying to block a no-deal Brexit makes that outcome more likely. Defending his decision to prorogue parliament he said: “The weird thing is, that the more the parliamentarians try to block the no-deal Brexit, the more likely it is that we’ll end up in that situation.”

  2. Johnson also claimed the government had found a way to get Brexit done. He said: “We are in the last stages now of negotiating with our friends about a way to get it done. If we can’t succeed in that negotiation we must come out anyway.”

  3. Ken Clarke has said he “probably would” back Jeremy Corbyn to be caretaker prime minister in order to block a no-deal Brexit. But he added: “I don’t think it’s going to happen, because I must be one of a tiny number of Tories prepared to contemplate that.

  4. Ireland’s deputy premier Simon Coveney insisted that any Brexit deal with the UK must be based on the withdrawal agreement negotiated by Theresa May.

Willing to Fall on Their Own Sword

Read point three carefully. It’s a point I have made repeatedly.

Any Tory who votes against the government will be immediately outed from the party and lose their seat in the next election.

Point four ensures No Deal. I expect Ireland to cave, but I would rather they not.

If Ireland insists on keeping the backstop, there cannot be a deal and that is the best outcome for the UK other than a straight-forward Canada-style tariff deal.

Let’s see how many Tories are willing to fall on their sword. Even a handful might be insufficient because a similar number of Labour MPs are hard Brexiteers.

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Hurricane Dorian Reaches “Catastrophic” Category 5

Hurricane Dorian has been upgraded by the National Hurricane Center to a ‘catastrophic’ Category Five, the highest on its five-point scale.

The storm, which has sustained winds of 160 mph, is currently heading towards the Bahamas, while the NHC has also warned of a “life-threatening storm surge and very heavy rainfall” in the Great Abaco Islands located east of southern Florida. 

At around 8 a.m. EDT Dorian was located approximately 225 miles west of West Palm Beach, Florida, and just 35 miles from the Great Abaco Islands and Grand Bahama – home to around 70,000 people.

“The core of extremely dangerous Hurricane Dorian should be moving over Great Abaco soon, and continue near or over Grand Bahama Island later tonight and Monday. The hurricane should move closer to the Florida east coast late Monday through Tuesday night,” said senior NHS hurricane specialist Lixion Avila. 

According to Bloomberg, Florida’s eastern coast is now under a tropical storm watch from Deerfield Beach to Sebastian Inlet. 

“The forecast for Florida is improving but nosediving for North and South Carolina,” said Energy Weather Group chief meteorologist, Jim Rouiller late Saturday. “They will probably have to deal with a Category 2 or 3. They are under the gun now.”

Rouiller said for Florida to be in the clear Dorian has to make that crucial turn Monday.

“It is like the 800-pound gorilla in the china shop,” Rouiller said. “I will just wait until the gorilla makes its way out the front door.”

Dorian, one of five storms to form in the Atlantic this year, menaced the U.S. Virgin Islands earlier this week and is about to batter the Bahamas with a storm surge that could reach 15 feet (4.6 meters) above tide levels and 10 to 15 inches of rain. The storm, now at the top of the five-step Saffir-Simpson scale, was thought to be aimed at Florida’s east coast, But more forecast models now predict it will turn north up the coast, possibly even making a landfall in eastern North Carolina Wednesday or Thursday, Rouiller said. –Bloomberg

“Residents should have their hurricane plan in place, know if they are in a hurricane evacuation zone and listen to advice given by local emergency officials,” said the NWS Sunday morning, adding “There is an increasing risk of strong winds and dangerous storm surge along the coasts of Georgia, South Carolina, and North Carolina later this week.” 

“Residents in these areas should continue to monitor the progress of Dorian.”

According to NBC News, tourists in the Bahamas have been evacuated to government shelters located in churches and schools. 

“Homes, houses, structures can be replaced,” said Bahamas Prime Minister Hubert Minnis on Saturday. “Lives cannot be replaced.

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