“Decryption Originalism: The Lessons of Burr,” Is Now Out

I’m pleased to say that my article, Decryption Originalism: The Lessons of Burr, has just been published by the Harvard Law Review.  Here’s the abstract:

The Supreme Court is likely to rule soon on how the Fifth Amendment privilege against self-incrimination applies to compelled decryption of a digital device. When the Court rules, the original understanding of the Fifth Amendment may control the outcome. This Article details an extraordinary case that illuminates the original understanding of the privilege and its application to compelled decryption. During the 1807 treason trial of Aaron Burr, with Chief Justice John Marshall presiding, the government asked Burr’s private secretary if he knew the cipher to an encrypted letter Burr had sent to a coconspirator. Burr’s secretary invoked the privilege against self-incrimination, leading to an extensive debate on the meaning of the privilege and an opinion from the Chief Justice.

The Burr dispute presents a remarkable opportunity to unearth the original understanding of the Fifth Amendment and its application to surprisingly modern facts. The lawyers in Burr were celebrated and experienced advocates. The Chief Justice allowed them to argue the Fifth Amendment question in exhaustive detail. And an attorney recorded the entire argument in shorthand, including dozens of legal citations to the specific pages of the authorities the lawyers invoked. The rich materials allow us to reconstruct for the first time precisely how the privilege was understood by leading lawyers and Chief Justice John Marshall soon after the Fifth Amendment’s ratification. The Article presents that reconstruction, and it concludes by applying Burr’s lessons to the modern problem of compelled decryption of digital devices such as cell phones and computers.

 

 

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“Decryption Originalism: The Lessons of Burr,” Is Now Out

I’m pleased to say that my article, Decryption Originalism: The Lessons of Burr, has just been published by the Harvard Law Review.  Here’s the abstract:

The Supreme Court is likely to rule soon on how the Fifth Amendment privilege against self-incrimination applies to compelled decryption of a digital device. When the Court rules, the original understanding of the Fifth Amendment may control the outcome. This Article details an extraordinary case that illuminates the original understanding of the privilege and its application to compelled decryption. During the 1807 treason trial of Aaron Burr, with Chief Justice John Marshall presiding, the government asked Burr’s private secretary if he knew the cipher to an encrypted letter Burr had sent to a coconspirator. Burr’s secretary invoked the privilege against self-incrimination, leading to an extensive debate on the meaning of the privilege and an opinion from the Chief Justice.

The Burr dispute presents a remarkable opportunity to unearth the original understanding of the Fifth Amendment and its application to surprisingly modern facts. The lawyers in Burr were celebrated and experienced advocates. The Chief Justice allowed them to argue the Fifth Amendment question in exhaustive detail. And an attorney recorded the entire argument in shorthand, including dozens of legal citations to the specific pages of the authorities the lawyers invoked. The rich materials allow us to reconstruct for the first time precisely how the privilege was understood by leading lawyers and Chief Justice John Marshall soon after the Fifth Amendment’s ratification. The Article presents that reconstruction, and it concludes by applying Burr’s lessons to the modern problem of compelled decryption of digital devices such as cell phones and computers.

 

 

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WHO Warns Herd Immunity Won’t Bring World “Back To Normal” Quickly

WHO Warns Herd Immunity Won’t Bring World “Back To Normal” Quickly

After repeatedly flip-flopping on everything from the efficacy of masks in preventing infection with COVID-19, to whether asymptomatic individuals are considered drivers of COVID-19 infection, WHO officials are now warning that even the mass-vaccination campaigns being carried out by local governments won’t be enough to get the world “back to normal” – as Gov. Andrew Cuomo has apparently realized should be a priority (now that Joe Biden has outlasted all the challenges to his victory).

According to Dr. Dale Fisher, society “won’t get back to normal quickly” just by people embracing a herd immunity strategy focused on vaccinations. The remarks were made during the Reuters Next conference on Monday.

The event featured health experts from around the world debating strategies for containing the virus.

“We know we need to get to herd immunity, and we need that in a majority of countries, so we are not going to see that in 2021,” warned Dr. Fisher, chair of the Global Outbreak Alert and Response Network, before adding that, while some nations might achieve it, the world “won’t get back to normal quickly.”

His comments were later echoed by Dr. Swaminathan (the agency’s chief scientist).

Contrary to scientists’ insistence from months back that the virus wasn’t mutating quickly enough to create new problems, Fisher cautioned that it could still change in ways that might impact the effectiveness of vaccines, setting back the fight against the disease (even as every vaccine-maker insists that the mutations documented won’t impact the efficacy of their products). The doctor highlighted the importance of using a multipronged approach to fighting COVID-19, which sounds like an endorsement of ‘forever lockdowns’.

90MM people around the world have been sickened by the virus, while some 26MM doses have been distributed across 43 countries. Israel remains the leader in the global vaccination race (though deaths and severe reactions have also been reported), while the US, UK and Europe are doing everything they can to accelerate the process.

In the US, Texas, California, Florida and New York have received the largest number of vaccines, while seeing the slowest turnaround.

Source: Bloomberg

Federal officials have said they hope to vaccinate 8 in 10 Americans by the summer, a target that even now seems absurdly optimistic. Even as millions hope 2021 will be a better year than 2020, reaching the elusive herd immunity target (believed to be more than 70%) could take most of the year, if not longer.

And there’s still the possibility that – due to mutations, or other complications – that still won’t be enough.

Tyler Durden
Mon, 01/11/2021 – 18:00

via ZeroHedge News https://ift.tt/3nJ3ndL Tyler Durden

Facebook Is Purging All Content Mentioning “Stop The Steal”

Facebook Is Purging All Content Mentioning “Stop The Steal”

As the most unprecedented purge in recent US history continues, shortly after AirBNB announced that it would ban guests associated with hate groups (it was unclear how Airbnb will determine who is and isn’t associated with a “hate group”, although Airbnb was kind enough to inform its clients that it “already runs background checks on all U.S. users when they first begin using the platform”), on Monday Facebook announced that it was removing all content mentioning “stop the steal,” a popular phrase among supporters of Trump’s claims that the election was rigged. 

We are now removing content containing the phrase “stop the steal” under our Coordinating Harm policy from Facebook and Instagram. We removed the original Stop the Steal group in November and have continued to remove Pages, groups and events that violate any of our policies, including calls for violence. We’ve been allowing robust conversations related to the election outcome and that will continue. But with continued attempts to organize events against the outcome of the US presidential election that can lead to violence, and use of the term by those involved in Wednesday’s violence in DC, we’re taking this additional step in the lead up to the inauguration. It may take some time to scale up our enforcement of this new step but we have already removed a significant number of posts.

The latest crackdown comes amid a raft of emergency measures to stem what Facebook has called are incitements to violence on its platform in the lead up to President-elect Joe Biden’s inauguration. If only Facebook was as diligent in stopping the spread of incitement to violence in the lead up to this summer and fall’s pervasive BLM protests and antifa riots, it probably would have avoided much of the resulting accusations of political and ideological bias that have emerged in recent days.

The full Facebook statement is below:

Our Preparations Ahead of Inauguration Day

By Guy Rosen, VP Integrity, and Monika Bickert, VP Global Policy Management

We began preparing for Inauguration Day last year. But our planning took on new urgency after last week’s violence in Washington, D.C., and we are treating the next two weeks as a major civic event. We’re taking additional steps and using the same teams and technologies we used during the general election to stop misinformation and content that could incite further violence during these next few weeks.

We are now removing content containing the phrase “stop the steal” under our Coordinating Harm policy from Facebook and Instagram. We removed the original Stop the Steal group in November and have continued to remove Pages, groups and events that violate any of our policies, including calls for violence. We’ve been allowing robust conversations related to the election outcome and that will continue. But with continued attempts to organize events against the outcome of the US presidential election that can lead to violence, and use of the term by those involved in Wednesday’s violence in DC, we’re taking this additional step in the lead up to the inauguration. It may take some time to scale up our enforcement of this new step but we have already removed a significant number of posts.

Our teams are working 24/7 to enforce our policies around the inauguration. We will keep our Integrity Operations Center operating at least through January 22 to monitor and respond to threats in real time. We already had it active ahead of Georgia’s runoff elections and Congress’s counting of the Electoral College votes in the US presidential election. We extended it due to the violence at the Capitol last week.

As was the case through the 2020 elections, we’ve continued to proactively reach out to federal and local law enforcement and we are providing information in response to valid legal requests. As always, we will continue to remove content, disable accounts and work with law enforcement when there is a risk of physical harm or direct threats to public safety.

In addition to the indefinite suspension of President Trump’s account that we announced on January 7, we’re keeping our pause in place on all ads in the US about politics or elections. This means that we aren’t allowing any ads from politicians, including President Trump.

We are also connecting people with reliable information and high-quality news about the inauguration and the transition process. After the inauguration, our label on posts that attempt to delegitimize the election results will reflect that Joe Biden is the sitting president. Our Voting Information Center will stay active on Facebook and Instagram through the inauguration so it can continue to help people find reliable information and updates about the electoral process.

During inauguration week, we will add a news digest to Facebook News as a curated place for people to find reliable news about the inauguration. This will include live video of the inauguration at the US Capitol on January 20. Facebook News often includes news digests dedicated to events of national or global significance, such as “COVID-19” or “Unrest in America” with stories selected by the curation team. There will also be curated live video of the inauguration and other major moments on Facebook Watch.

We’ve had emergency measures in place since before the US elections such as not recommending civic groups for people to join. Last week, we implemented several additional ones, including increasing the requirement of Group admins to review and approve posts before they can go up, automatically disabling comments on posts in Groups that start to have a high rate of hate speech or content that incites violence, and using AI to further demote content that likely violates our policies. We’re keeping these measures in place.

We will stay vigilant to additional threats and take further action if necessary to keep people safe and informed.

 

 

Tyler Durden
Mon, 01/11/2021 – 17:40

via ZeroHedge News https://ift.tt/3btwe2W Tyler Durden

Germany And France ‘Shocked’ Over Twitter Decision To Ban Trump

Germany And France ‘Shocked’ Over Twitter Decision To Ban Trump

Germany and France are shocked over Twitter’s decision to permanently ban President Trump from the platform, with German Chancellor Angela Merkel saying through a spokesman that lawmakers should set rules governing free speech, not private technology companies.

“The chancellor sees the complete closing down of the account of an elected president as problematic,” said chief spokesman Steffen Siebert during a Berlin press conference, according to Bloomberg. Siebert added that rights like freedom of speech “can be interfered with, but by law and within the framework defined by the legislature — not according to a corporate decision.”

Meanwhile, French leaders are similarly outraged – with Junior Minister for European Union Affairs, Clement Beaune, saying he was “shocked” that a private company made such an important decision.

“This should be decided by citizens, not by a CEO,” Beaune told Bloomberg TV in a Monday interview, adding “There needs to be public regulation of big online platforms.”

Earlier, French Finance Minister Bruno Le Maire, said that the state should be responsible for regulations, not “the digital oligarchy,” adding that big tech is “one of the threats” to democracy.

Europe is increasingly pushing back against the growing influence of big technology companies. The EU is currently in the process of setting up regulation that could give the bloc power to split up platforms if they don’t comply with rules.

Twitter permanently banned Trump last week after it decided the outgoing president’s tweets breached its rules against gloriyfing violence. It cited his posts on the riots in the U.S. capital.

The move followed similar action by Facebook. Founder and Chief Executive Officer Mark Zuckerberg said Trump’s most recent posts showed he intended to use his remaining time in office to undermine a peaceful and lawful transition of power. –Bloomberg

And as journalist Glenn Greenwald pointed out on Sunday, when competing companies such as Parler can be struck down by a big tech giant like Amazon, there really is no other way to describe it as a monopoly.

Tyler Durden
Mon, 01/11/2021 – 17:20

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Latin American Socialism Comes Home To Roost in Spain

Podemos

In the 1960s, Spain sent a curious new export to its former colonies in Latin America: communist priests who took up arms against national governments. Take the case of Manuel Pérez Martínez (1943–1998), a Spanish cleric who arrived in Colombia in the late ’60s, where he joined and eventually led the National Liberation Army, an extant Marxist-Leninist guerrilla outfit founded in 1964 under Fidel Castro’s auspices.

In recent decades, Latin America returned the favor by exporting to the mother country its own collectivist concoction, 21st century socialism, albeit with considerably more success. While the peninsular clerics of yesteryear floundered in their attempt to impose communism on skeptical New World nations, Hugo Chávez’s brand of “neo-Bolivarian” politics has made deep inroads in Spain, to the extent that its adherents are now co-governing the country.

In the November 2019 general election, the Spanish Socialist Workers’ Party (PSOE) won the largest share of the vote (28.25 percent) but lacked the number of parliamentary seats necessary to form a government. Its leader, Pedro Sánchez, who had led a minority government since June 2018, had to rely on the tacit support of Catalan separatists in order to form a coalition with Podemos (“We Can”), a party well to the left of the socialists created in 2012 whose leadership has been deeply involved with Venezuelan Chavismo. 

According to the Spanish daily newspaper El País, the Center for Political and Social Studies Foundation (CEPS, its acronym in Spanish), a now-defunct think tank tied to Podemos politicians that promoted “wealth redistribution,” received 3.7 million ($4,543,000) in political consulting fees from the Venezuelan regime between 2002 and 2014. Podemos leader Pablo Iglesias, who was on the CEPS governing board, worked for the organization from Caracas in 2006 and 2007, when Chávez was at the height of his power. 

“Living in a country like this is very interesting,” Iglesias once pontificated. Venezuela “is producing so many changes and undergoing such a great transformation that it can become a democratic example for the citizens of southern Europe.” He even went as far as suggesting that it was “fundamental” for a Chávez-led Latin America “to invade Europe.” Iglesias tried to distance himself from Chavismo as Venezuela reached 10,000 percent annual inflation levels and 4.6 million of its citizens sought refuge in neighboring countries. Then, in January 2020, he became Spain’s second deputy prime ministera type of vice presidentand the minister of social rights. 

The PSOE-Podemos coalition is not only Spain’s most left-wing government since the country restored democracy after dictator Francisco Franco’s death in 1975; currently, it’s also the most leftist government in the entire European Union (E.U.). As you would expect, this has brought about a barrage of progressive pet projects; in a taste of things to come, Iglesias’ party added the feminine adjective unidas or united to its name after merging with the Izquierda Unida (“United Left”) coalition in 2019. Once in office, one of the government’s priorities has been to rewrite the Spanish constitution with “inclusive language.” 

The rule of hard-line Spanish progressives has also meant a torrent of debt, public spending, and tax increases. In the midst of the pandemic, which hit Spain particularly hard given its reliance on tourism and small businesses, debt levels climbed to a record €1.29 trillion ($1.53 trillion) in August, a figure that exceeded 100 percent of GDP. In October, the International Monetary Fund (IMF) warned that Spain’s public deficit would be an enormous 14.1 percent of GDP in 2020, its highest in recent history (although not quite as high as the 15.2 percent deficit in the United States.) The government’s budget for 2021 also includes record levels of spending after the executive raised the ceiling on non-financial expenditures by over 50 percent. 

In part, Spain’s spending spree will be subsidized with 140 billion ($172 billion) of E.U. money, part of a “recovery fund” agreed upon last July at an emergency summit in Brussels, where the so-called Frugal Four countriesthe Netherlands, Denmark, Sweden, and Austriawere pitted against Spain and other Club Med nations that demanded rescue packages and debt mutualization by means of Eurobonds. 

In the heat of the debate before the final deal was reached, Wopke Hoekstra, the Dutch finance minister, enraged the media by suggesting that the E.U. investigate Spain’s supposed lack of financial means to deal with the crisis. Sánchez responded with several Twitter lectures on Europe’s obligation to choose solidarity over individualism. At the height of its global power under the Habsburg dynasty, Spain ruled the Netherlands; now, its public spending depends on Dutch largesse. Where some see decline, Iglesias celebrates “the end of neoliberalism and austerity.” 

The Spanish government has also taken advantage of the current crisis to impose drastic tax hikes. These include a “tax harmonization” schemea euphemism for getting rid of fiscal competitionthat would end the freedom of autonomous communities, the largest political and administrative units in Spain, to set their own policies in terms of wealth, inheritance, and income taxes, the last of which consist of both a national and a regional rate. 

Clearly, this is a central government power grab at the expense of the Community of Madrid, which recently became the country’s largest regional economy after surpassing Catalonia; its per capita GDP levels are also the highest in Spain. Successive governments in Madrid, where a coalition led by the conservative Popular Party is now in power, have opted not to impose a wealth tax on citizens holding at least 800,000 ($982,000) in assets (not counting €300,000 or $368,000 for the value of a family residence). And although Madrid also charges some of the country’s lowest rates for inheritance and income taxes, the region raises €900 million ($1.1 billion) more in taxes per year than the far more interventionist Catalonia according to economist José María Rotellar. 

Hardly devoted to the Laffer Curve, the Republican Left of Catalonia, the pro-Catalan independence party that allowed Sánchez to become president, recently accused Madrid of practicing “fiscal dumping.” The Spanish government proceeded to accelerate its plans to enforce minimum wealth and estate tax rates across the entire country. Madrid’s regional government, however, is fighting back. 

Isabel Díaz Ayuso, the Popular Party president of the Community of Madrid, stated that “if Catalonia wants fiscal harmonization, they should reduce their own taxes,” a reference to that region’s notoriously high taxation levels. According to Javier Fernández-Lasquetty, Díaz Ayuso’s finance minister, if Madrid were to charge the same tax rates as Catalonia across the board, each household would pay an additional €2,001 ($2,455) per year in taxes, the equivalent of an average monthly salary and 21 percent more than what a typical family spends annually on leisure and culture. Spain’s socialist government, Fernández-Lasquetty argues, has launched “a fiscal aggression against the residents of Madrid.” 

The majority of European countries that had wealth taxes in 1990 have abolished them since they found them to be counterproductive, but Spanish progressives have failed to learn this lesson. They insist on targeting assets that, like real estate, are already taxed (necessarily, a property tax taxes wealth). In the case of actual returns, wealth taxes “add an extra layer of income tax” that imposes the highest rates on people with the lowest returns, while even those who lose money are forced to pay, as the Cato Institute’s Chris Edwards writes

Beyond the wealth tax debate, the current tussle between Spain’s central government and the Community of Madrid contains all the elements of the country’s old struggle between centralized absolutism on the one hand and, on the other, free institutions based on local government and limited state power, what 19th century scholar William T. Strong called “the struggle between constitutional liberty and royal prerogative.” Beginning in the 11th century, as commerce thrived and towns grew, the rulers of northern Spanish kingdoms began to grant fueros, a word that refers either to general law codes or to municipal charters for specific towns. 

The fueros, which granted the members of particular communities legal protection for themselves and their property, grew out of the earlier Visigothic governing principle that, as legal scholar Leonard Liggio wrote, “the king must live on his own resources” and respect the independence of the nobility, clergy, and freemen, who resisted overbearing taxation. In a parallel fashion grew the Cortes, representative assemblies and proto-parliaments that often could withhold money from the kings as they deemed fit. In fact, the Basque provinces of Gipuzkoa, Biscay, and Álava only paid money to the Castilian kings to whom they were nominally subject as extraordinary donatives. 

Reconquering Spanish lands from the Moors involved a strong centralization of power; acquiring and administering a global empire under the Habsburgs and their Bourbon successors made this tendency overwhelming. The medieval liberties embodied in the fueros were gradually lost, but the autonomous communities’ tax autonomy under the current Spanish constitution is a remnant of Spain’s old tradition of liberty. Like their absolutist royal predecessors, however, today’s progressives are intent on crushing fiscal freedom wherever it can flourish.

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Latin American Socialism Comes Home To Roost in Spain

Podemos

In the 1960s, Spain sent a curious new export to its former colonies in Latin America: communist priests who took up arms against national governments. Take the case of Manuel Pérez Martínez (1943–1998), a Spanish cleric who arrived in Colombia in the late ’60s, where he joined and eventually led the National Liberation Army, an extant Marxist-Leninist guerrilla outfit founded in 1964 under Fidel Castro’s auspices.

In recent decades, Latin America returned the favor by exporting to the mother country its own collectivist concoction, 21st century socialism, albeit with considerably more success. While the peninsular clerics of yesteryear floundered in their attempt to impose communism on skeptical New World nations, Hugo Chávez’s brand of “neo-Bolivarian” politics has made deep inroads in Spain, to the extent that its adherents are now co-governing the country.

In the November 2019 general election, the Spanish Socialist Workers’ Party (PSOE) won the largest share of the vote (28.25 percent) but lacked the number of parliamentary seats necessary to form a government. Its leader, Pedro Sánchez, who had led a minority government since June 2018, had to rely on the tacit support of Catalan separatists in order to form a coalition with Podemos (“We Can”), a party well to the left of the socialists created in 2012 whose leadership has been deeply involved with Venezuelan Chavismo. 

According to the Spanish daily newspaper El País, the Center for Political and Social Studies Foundation (CEPS, its acronym in Spanish), a now-defunct think tank tied to Podemos politicians that promoted “wealth redistribution,” received 3.7 million ($4,543,000) in political consulting fees from the Venezuelan regime between 2002 and 2014. Podemos leader Pablo Iglesias, who was on the CEPS governing board, worked for the organization from Caracas in 2006 and 2007, when Chávez was at the height of his power. 

“Living in a country like this is very interesting,” Iglesias once pontificated. Venezuela “is producing so many changes and undergoing such a great transformation that it can become a democratic example for the citizens of southern Europe.” He even went as far as suggesting that it was “fundamental” for a Chávez-led Latin America “to invade Europe.” Iglesias tried to distance himself from Chavismo as Venezuela reached 10,000 percent annual inflation levels and 4.6 million of its citizens sought refuge in neighboring countries. Then, in January 2020, he became Spain’s second deputy prime ministera type of vice presidentand the minister of social rights. 

The PSOE-Podemos coalition is not only Spain’s most left-wing government since the country restored democracy after dictator Francisco Franco’s death in 1975; currently, it’s also the most leftist government in the entire European Union (E.U.). As you would expect, this has brought about a barrage of progressive pet projects; in a taste of things to come, Iglesias’ party added the feminine adjective unidas or united to its name after merging with the Izquierda Unida (“United Left”) coalition in 2019. Once in office, one of the government’s priorities has been to rewrite the Spanish constitution with “inclusive language.” 

The rule of hard-line Spanish progressives has also meant a torrent of debt, public spending, and tax increases. In the midst of the pandemic, which hit Spain particularly hard given its reliance on tourism and small businesses, debt levels climbed to a record €1.29 trillion ($1.53 trillion) in August, a figure that exceeded 100 percent of GDP. In October, the International Monetary Fund (IMF) warned that Spain’s public deficit would be an enormous 14.1 percent of GDP in 2020, its highest in recent history (although not quite as high as the 15.2 percent deficit in the United States.) The government’s budget for 2021 also includes record levels of spending after the executive raised the ceiling on non-financial expenditures by over 50 percent. 

In part, Spain’s spending spree will be subsidized with 140 billion ($172 billion) of E.U. money, part of a “recovery fund” agreed upon last July at an emergency summit in Brussels, where the so-called Frugal Four countriesthe Netherlands, Denmark, Sweden, and Austriawere pitted against Spain and other Club Med nations that demanded rescue packages and debt mutualization by means of Eurobonds. 

In the heat of the debate before the final deal was reached, Wopke Hoekstra, the Dutch finance minister, enraged the media by suggesting that the E.U. investigate Spain’s supposed lack of financial means to deal with the crisis. Sánchez responded with several Twitter lectures on Europe’s obligation to choose solidarity over individualism. At the height of its global power under the Habsburg dynasty, Spain ruled the Netherlands; now, its public spending depends on Dutch largesse. Where some see decline, Iglesias celebrates “the end of neoliberalism and austerity.” 

The Spanish government has also taken advantage of the current crisis to impose drastic tax hikes. These include a “tax harmonization” schemea euphemism for getting rid of fiscal competitionthat would end the freedom of autonomous communities, the largest political and administrative units in Spain, to set their own policies in terms of wealth, inheritance, and income taxes, the last of which consist of both a national and a regional rate. 

Clearly, this is a central government power grab at the expense of the Community of Madrid, which recently became the country’s largest regional economy after surpassing Catalonia; its per capita GDP levels are also the highest in Spain. Successive governments in Madrid, where a coalition led by the conservative Popular Party is now in power, have opted not to impose a wealth tax on citizens holding at least 800,000 ($982,000) in assets (not counting €300,000 or $368,000 for the value of a family residence). And although Madrid also charges some of the country’s lowest rates for inheritance and income taxes, the region raises €900 million ($1.1 billion) more in taxes per year than the far more interventionist Catalonia according to economist José María Rotellar. 

Hardly devoted to the Laffer Curve, the Republican Left of Catalonia, the pro-Catalan independence party that allowed Sánchez to become president, recently accused Madrid of practicing “fiscal dumping.” The Spanish government proceeded to accelerate its plans to enforce minimum wealth and estate tax rates across the entire country. Madrid’s regional government, however, is fighting back. 

Isabel Díaz Ayuso, the Popular Party president of the Community of Madrid, stated that “if Catalonia wants fiscal harmonization, they should reduce their own taxes,” a reference to that region’s notoriously high taxation levels. According to Javier Fernández-Lasquetty, Díaz Ayuso’s finance minister, if Madrid were to charge the same tax rates as Catalonia across the board, each household would pay an additional €2,001 ($2,455) per year in taxes, the equivalent of an average monthly salary and 21 percent more than what a typical family spends annually on leisure and culture. Spain’s socialist government, Fernández-Lasquetty argues, has launched “a fiscal aggression against the residents of Madrid.” 

The majority of European countries that had wealth taxes in 1990 have abolished them since they found them to be counterproductive, but Spanish progressives have failed to learn this lesson. They insist on targeting assets that, like real estate, are already taxed (necessarily, a property tax taxes wealth). In the case of actual returns, wealth taxes “add an extra layer of income tax” that imposes the highest rates on people with the lowest returns, while even those who lose money are forced to pay, as the Cato Institute’s Chris Edwards writes

Beyond the wealth tax debate, the current tussle between Spain’s central government and the Community of Madrid contains all the elements of the country’s old struggle between centralized absolutism on the one hand and, on the other, free institutions based on local government and limited state power, what 19th century scholar William T. Strong called “the struggle between constitutional liberty and royal prerogative.” Beginning in the 11th century, as commerce thrived and towns grew, the rulers of northern Spanish kingdoms began to grant fueros, a word that refers either to general law codes or to municipal charters for specific towns. 

The fueros, which granted the members of particular communities legal protection for themselves and their property, grew out of the earlier Visigothic governing principle that, as legal scholar Leonard Liggio wrote, “the king must live on his own resources” and respect the independence of the nobility, clergy, and freemen, who resisted overbearing taxation. In a parallel fashion grew the Cortes, representative assemblies and proto-parliaments that often could withhold money from the kings as they deemed fit. In fact, the Basque provinces of Gipuzkoa, Biscay, and Álava only paid money to the Castilian kings to whom they were nominally subject as extraordinary donatives. 

Reconquering Spanish lands from the Moors involved a strong centralization of power; acquiring and administering a global empire under the Habsburgs and their Bourbon successors made this tendency overwhelming. The medieval liberties embodied in the fueros were gradually lost, but the autonomous communities’ tax autonomy under the current Spanish constitution is a remnant of Spain’s old tradition of liberty. Like their absolutist royal predecessors, however, today’s progressives are intent on crushing fiscal freedom wherever it can flourish.

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The Perfidious Effects Of Money Printing

The Perfidious Effects Of Money Printing

Via SchiffGold.com,

There were a number of inauspicious records set in 2020 and the impacts will continue to reverberate through the economy in the future.

The Federal Reserve created money at a record rate. It also increased its balance sheet to record levels. And not to be outdone, the US government set a budget deficit record.

These three records were actually linked. The money printing and expansion of the Fed balance sheet were necessary to monetize the massive federal debt. And there is no sign that anything will be different in 2021.

When confronted with the reality of the ever-expanding money supply and the skyrocketing debt, most people just shrug. But all of this money printing isn’t without consequences. As economist Pascal Hügli put it, the results are “perfidious.”

The following article by Pascal Hügli was originally published at the Mises Wire. The opinions expressed are those of the author and do not necessarily reflect those of Peter Schiff or SchiffGold.

In the eyes of many, covid-19 has truly accelerated things. Tech aficionados have been rejoicing as virtual meetings, Zoom calls, and overall digitization within companies have seen a serious boost. At the same time, the corona crisis has intensified another contemporary development that people generally don’t really care about: today’s ongoing expansion of the money supply.

Although monetary policy had been ultra expansionary even well before the virus hit the world, central bankers are currently upping the ante once again. While it took the Federal Reserve almost six years to create 3.5 trillion in new US dollar liquidity, this time around it took only ten months to unleash a monetary tsunami of $3 trillion with the projection of at least another $1.8 trillion next year.

While these astronomical numbers don’t really speak to the general public anymore, another astonishing fact resonated with them: after March 2020 alone, the US banking system is reported to have increased the M1 money supply by 37 percent. What this means in plain words is that 37 percent of all outstanding dollars and dollar bank deposits that have ever existed have been created this year. If one bears in mind that monetary aggregates like M0, M1, and M2 today no longer give an accurate account of all the money in the system because they do not account for the shadow banking’s collateral multiplier, one can only guess that the actual extent of monetary expansion must be a lot greater.

Fiscal Policy as Disguised Monetary Policy

The swaths of liquidity created by the world’s central banks are complemented by fiscal measures on the part of governments. Here, too, the US government is leading the way, having launched stimulus packages in the trillions, and other countries are also eagerly going into debt to counteract the recession. Because of all this borrowing, by the end of this year, global debt levels are expected to reach a new record of $277 trillion, according to an estimate by the Institute of International Finance. This would amount to a debt-to-GDP ratio of 365 percent.

In politics, it is currently debated whether monetary or fiscal policy should have precedence. This debate is just a mirage, though. Today fiscal policy in the form of government stimulus is monetary policy, after all. Government debt has become the most popular and most sought-after asset in monetary policy actions. Fiscal policy has thus mutated into monetary policy in disguise as newly created debt is increasingly taken in by central banks and siloed in their balance sheets. The inevitable consequence is that the quality of their balance sheets—and thus the quality of our money—is continuously deteriorating.

The Consequences of Too Much Money

To have central banks conduct ever more expansionary monetary policy based entirely on debt is politicians’ go-to solution today, as it marks the path of least resistance. Creating ever more money is convenient because this way virtually any interest group can be financially sedated.

The obvious yet perfidious result of this: too much money is sloshing around looking for yields. Governments like Spain’s or Portugal’s, which are hardly known to be model boys when it comes to financial prudence as reliable debtors, are currently able to borrow money at zero cost. This seems to be completely nuts if one bears in mind that during the European debt crisis their high borrowing costs—in Portugal’s case up to 14 percent for its ten-year bond—forced the European Union to approve multibillion-euro bailout packages.

Financial markets have gone crazy. Not only do Swiss and German bonds have a negative interest rate, but the Spanish ten-year bond also recently dipped into negative territory for the first time, albeit for a brief period. Buying these new zero-to-negative-yield bonds is the European central bank (ECB), as an analysis by Germany’s DZ Bank shows.

The European bond is on the verge of vanishing. Just as Europe will gradually follow in Japan’s footsteps and increasingly experience the social consequences of zero interest rates, its bond market is being “japanified.” The Bank of Japan (BOJ) has long been overtaken by the fate of being virtually the sole bidder on Japan’s government bonds (JGB). The ECB is currently facing the same risk, and there really seems to be no way out of it. Just as has been the case in Japan, Europe’s central bankers are siloing ever more government bonds, depriving the private sector of this “high-powered” collateral and making monetary policy ever more difficult. In this regard too, Mises’s famous spiral of intervention will keep on spinning as technocrats and apparatchiks have to come up with new out-of-the-box “solutions.”

Too Much Money, Too Much Inequality

Paradoxically, because of this deluge of money in the system, asset price inflation will continue and see to it that today’s politically fraught wealth inequality will rise further. Assets of all sorts have seen price appreciation because of newly created liquidity flowing into them. At the same time, the stimulus checks to the US population illustrate quite nicely how well-meaning policy decisions actually exacerbate things by creating more wealth inequality.

Those who put their $1,200 in government grants into bitcoin as recently as mid-April have, as of December 16, made a whopping $3,749. Those among the recipients of these funds who are clever enough to anticipate such actions by others in time have most likely positioned themselves accordingly and have benefited disproportionately. In the end, it is second- or even third-order effects that increase wealth inequality and thwart any political measures trying to achieve the opposite.

Watch Out for Dumb Money Traders

The fact that too much money is around can ultimately be regarded as the result of what can be called today’s institutionalization of money creation. Because bank deposits and money balances—whether in a safe or piggy bank—are being pulverized by the day, more and more ordinary people feel obliged to join this game, i.e., the financial markets, in the hopes of being able to partake of this asset price inflation.

Today’s ultra expansionary monetary policy is thus forcing more inexperienced people to become invested in the stock market than would be the case with more normal monetary policy. This push factor, combined with today’s technological possibility to invest easily, leads to an ever-increasing mass of so-called dumb money in the markets.

A word of caution: the term “dumb money” is not meant to denounce these investors. It merely soberly recognizes the fact that loads of people are currently being driven to invest in financial assets of which they have little knowledge, while simultaneously lacking the tools to properly analyze them. Just as clueless sheep are led to the slaughterhouse, these investors are mercilessly exposed to the many pitfalls of financial markets. So to the detriment of financial markets, central banks today not only create a lot of ever-cheaper money, but also create more and more dumb money.

The detriment becomes clear in one very crucial aspect: because swaths of dumb money are chasing each and every share of stock, seeing a favorable window of opportunity to buy “cheap” stocks when markets drop, short-sellers take the beating. Although the March 2020 sell-off was a profitable event for some short-sellers, this year will most likely go down as one of the worst years for investors trying to profit from declining market prices.

Judging from an analysis by data provider Hedge Fund Research, a prominent index of short-selling hedge funds is down 32 percent annually. This comes as no real surprise given that a global monetary policy bazooka has been firing all year long at an increasing pace, turning short-selling into an ever more dangerous endeavor. The vast amount of liquidity reflating asset prices at the slightest downtick is ultimately fabricating a sort of stability that only breeds instability under the surface. Too much money will one day be followed by too many tears.

Tyler Durden
Mon, 01/11/2021 – 17:00

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

LA Converts Dodgers Stadium To Vaccination Center As 3 California Gorillas Test Positive For COVID

LA Converts Dodgers Stadium To Vaccination Center As 3 California Gorillas Test Positive For COVID

As global COVID-19 cases top 90MM, California is seeing its hospital capacity squeezed even further – Gov Gavin Newsom just declared that COVID-linked hospital occupancy was up 6% over the past week – LA has just announced that Dodgers Stadium, which has heretofore served as one of the biggest COVID testing sites in the country, will soon be converted to a vaccine distribution center.

Nearly 2K federal staff are deploying to help the state deal with the surge in COVID cases, hospitalizations and deaths. Some will help wind down testing operations at Dodgers Stadium, which are set to end Monday, according to the LA Times.

The site will then be converted to focus on vaccinating patients. Once the vaccination center is up and running, officials hope to vaccinate up to 12K people each day.

City and county officials are else ceasing testing at the Veterans Affairs Lot 15 site near Jackie Robinson Stadium before they shift personnel, equipment and other resources to vaccine distribution.

“Vaccines are the surest route to defeating this virus and charting a course to recovery, so the city, county, and our entire team are putting our best resources on the field to get Angelenos vaccinated as quickly, safely, and efficiently as possible,” Garcetti said in the release.

While SoCal’s testing capacity will temporarily take a hit, ultimately, the stadium will allow California to triple its vaccination capacity.

Of course, this increased capacity will do little if people don’t submit to receiving the vaccine. The rollout also has been hampered by reluctance from some front-line healthcare workers to take it. Roughly 20% to 40% of LA County’s front-line workers who were offered the vaccine have declined to take it according to the LAT.

In other news involving both the coronavirus and the state of California, three gorillas at the San Diego Zoo have tested positive, according to the Department of Agriculture. Samples from several gorillas at the zoo were taken after two started coughing and displaying other suspicious symptoms.

Tyler Durden
Mon, 01/11/2021 – 16:40

via ZeroHedge News https://ift.tt/2LKV1EP Tyler Durden

The GOP’s Authoritarian Sickness

CapitolRiot

These are the times that try libertarians’ souls. (And everyone else’s, too.)

So in the waning hours of Donald Trump’s presidency, Reason Roundtable podcasters Peter Suderman, Matt Welch, Katherine Mangu-Ward, and Nick Gillespie debate the questions ripping through Washington and the rest of the country: Should Trump be impeached, removed, persuaded to resign, or endured? Is GOP sickness endemic to politics overall, or specific and acute in the host body? Should we be happy, sad, or indifferent at the sight of Planet MAGA being systematically deplatformed? And what kind of illiberal legislative and enforcement backlashes can we expect from the empowered Democratic Party?

That, plus some cultural recommendations and a listener question, is pretty much the whole show. (Speaking of the latter, please send your questions to roundtable@reason.com!)

Audio production by Ian Keyser and Regan Taylor.

Music: “Rhea” by Yehezkel Raz.

Relevant links from the show:

Sedition Charges Are Almost Always a Terrible Idea,” by J.D. Tuccille

The Case for Impeaching Trump,” by Meredith Bragg

MAGA-Powered Parler Is Down After Amazon Cancels Its Web Hosting Services,” by Elizabeth Nolan Brown

Trump’s Lawyers Surrender in Georgia Despite Giuliani’s ‘Conclusive Proof’ of Election Fraud,” by Jacob Sullum

West Virginia Lawmaker and Man Photographed at Pelosi’s Desk Among Those Arrested for Capitol Riot,” by C.J. Ciaramella

What Should Happen to the Capitol Invaders?” by Scott Shackford

Did Trump Commit a Crime When He Riled Up His Supporters Before They Rioted?” by Jacob Sullum

Amash’s Successor Peter Meijer: Trump’s Deceptions Are ‘Rankly Unfit,’” by Matt Welch

Citing Trump’s Rhetoric, Education Secretary Betsy DeVos Resigns,” by Robby Soave

Donald Trump Is a Bad Person,” by Peter Suderman

Donald Trump and the Libertarian Future,” by Nick Gillespie and Veronique de Rugy

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