Biden Backtracks – Will Visit Kenosha After All

Biden Backtracks – Will Visit Kenosha After All

Tyler Durden

Wed, 09/02/2020 – 12:17

Joe Biden and his wife Jill will visit Kenosha, Wisconsin Thursday, two days after President Trump hit the riot-stricken town, where Jacob Blake, a 29-year-old black man with an outstanding warrant was shot four times by police last month while violating a restraining order  related to a July sexual assault.

The Democratic presidential candidate will hold a “community meeting” to “bring together Americans to heal and address the challenges we face,” before he makes a local stop in the city, according to Axios, citing an announcement from the Biden campaign.

The visit is a sharp reversal from a Tuesday statement from Biden campaign adviser Symone Sanders (who previously swore Biden didn’t call a voter “fat”, and mocked a white Trump supporter who was dragged out of his car and beaten by a group of black men in 2016) – when she told CNN that Biden would skip Kenosha so he didn’t disrupt the “peaceful nature” of the ongoing demonstrations against police brutality.

More via Axios:

Why it matters: The visit will come two days after President Trump made a trip to Kenosha against the wishes of Wisconsin Gov. Tony Evers (D) to tour damage from the violent protests that erupted after the police shooting of Jacob Blake. Trump spent much of his Tuesday visit defending law enforcement and attacking “left-wing violence.”

The big picture: This will be the Democratic nominee’s first trip to Wisconsin, a critical swing state in the 2020 election that Trump won in 2016. In a speech earlier this week, Biden forcefully condemned riots and accused Trump of “rooting for chaos and violence” to bolster his law-and-order campaign message.

“I want to be very clear: Rioting is not protesting. Looting is not protesting. Setting fires is not protesting. None of this is protesting. It’s lawlessness. Plain and simple. And those who do it should be prosecuted,” Biden said, after months of silence on left-wing violence on the streets of America.

“I want a safe America. Safe from COVID. Safe from crime and looting, safe from racially-motivated violence, safe from bad cops. Let me be crystal clear. Safe from four more years of Donald Trump.”

Several days of riots in Kenosha were sparked after police shot Blake, who was reaching into the driver’s footwell of his vehicle while in possession of a knife. Blake, who was paralyzed in the shooting, was in violation of a restraining order for allegedly  grabbing his ex by the pussy.

The alleged victim said Blake “penetrating her digitally caused her pain and humiliation and was done without her consent” and she was “very humiliated and upset by the sexual assault,” the record states.

She told police she “was upset but collected herself” and then allegedly ran out the front door after Blake, the complaint says. She then realized her car was missing, checked her purse and saw the keys were missing and “immediately called 911,” the complaint alleges. –NY Post

Perhaps Biden will visit the now-paralyzed Blake in the hospital.

With the presidential debate less than four weeks away and Biden making live campaign stops, we advise double-checking popcorn supplies for the upcoming entertainment.

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Tesla Tanks As Largest Outside Shareholder Cuts Position

Tesla Tanks As Largest Outside Shareholder Cuts Position

Tyler Durden

Wed, 09/02/2020 – 12:02

Tesla shares are selling off amid a broader dump in the Nasdaq, on news that the company’s largest outside shareholder, Baillie Gifford, is reducing its position in the company. Baillie Gifford said it was paring its holdings because the position had become “outsized” in the company’s portfolio, according to CNBC

An SEC filing confirmed that Baillie Gifford now owns less than 5% of Tesla, down from 6.32% that it owned during its prior disclosure. Baillie Gifford spokesman James Anderson said: “The substantial increase in Tesla’s share price means that we needed to reduce our holding in order to reflect concentration guidelines which restrict the weight of a single stock in clients’ portfolios.”

He continued: “However, we intend to remain significant shareholders for many years ahead. We remain very optimistic about the future of the company. Tesla no longer faces any difficulty in raising capital at scale from outside sources but should there be serious setbacks in the share price we would welcome the opportunity to once again increase our shareholding.”

In morning trading on Wednesday, Tesla shares briefly touched $405 per share, down as much as 25% from its all time highs hit… yesterday. The company’s $75 per share plunge would have been a remarkable $375 sell off days ago, prior to Tesla’s split. 

As a result, the company’s market cap is now more than $100 billion lower than its recent all time highs, having dropped as much as $120 billion from its all time high reached just Tuesday morning.

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Portland Mayor Tells Neighbors He’s Moving After Riot Outside His Condo

Portland Mayor Tells Neighbors He’s Moving After Riot Outside His Condo

Tyler Durden

Wed, 09/02/2020 – 11:52

In late July, Portland Mayor Ted Wheeler attempted to hold a ‘listening session’ with BLM protesters – wading into an angry crowd he thought he could tame with his giant brain and a PA loudspeaker, in what he called a ‘listening session’.

Instead, he was heckled by the crowd and then booed after he wouldn’t commit to abolishing the police.

Six weeks and many deadly riots later, tensions have escalatedas protesters began showing up to his high-rise condominium over the weekend, breaking windows, setting fires and partying.

Wheeler’s neighbors in the city’s upscale Pearl District were treated to the musical stylings of a local band, while young Portlandians danced in the street.

On Sunday it was bullhorns, bear costumes and chanting:

And on Monday, Wheeler’s 58th birthday, police declared a riot outside the Mayor’s condo – arresting 19 people who were mostly charged with disorderly conduct and interfering with a peace officer.

And so, the mayor who just five days ago rejected the Trump administration’s offer to send federal law enforcement to help control the city, is moving out of his building, according to Fox News.

In a Tuesday email to the other residents of his 114-unit high rise, Wheeler expressed his “sincere apologies for the damage to our home and the fear that you are experiencing due to my position,” adding “It’s unfair to all of you who have no role in politics or in my administration.”

Wheeler added that it would be “best for me and for everyone else’s safety and peace” if he left the two-bedroom unit he bought in 2017 for $840,000 according to Multnomah County property records.

On Monday, Wheeler received a letter from Acting Homeland Security Secretary Chad Wolf, urging him to request federal assistance in quelling the protests and riots that have been held in the city for more than 90 consecutive days.

I urge you to prioritize public safety and to request federal assistance to restore law and order in Portland,” Wolf wrote in the letter dated Aug. 31. “We are standing by to support Portland. At the same time, President Trump has made it abundantly clear that there will come a point when state and local officials fail to protect its citizens from violence, the federal government will have no choice but to protect our American citizens.”

Will Wheeler and his big brain eventually accept federal assistance? 

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With A Record Number Of Bulls, The Euro Is Ripe To Tumble After “Euphoric Run”

With A Record Number Of Bulls, The Euro Is Ripe To Tumble After “Euphoric Run”

Tyler Durden

Wed, 09/02/2020 – 11:35

Yesterday morning just moments after the EURUSD hit 1.20, the highest level in over two years, a level which sparked selling across European market, we predicted that any minute now the ECB would start talking down the EUR taking us back to “square one” in the currency wars.

Literally minutes after our tweet, European Central Bank chief economist Philip Lane confirmed that the dollar’s plunge is likely over – at least against the Euro – when he said that the EUR exchange rate “does matter” for monetary policy, which caused investors to hit reverse on the recent run-up in the euro, because as Bloomberg notes while that comment may seem benign, “traders are very sensitive to any comment from the central bank, which usually chooses not to comment on currency developments.”

Furthermore, in the recent EUR runup, non-commercial speculators took their futures exposure to a record high, and with momentum now reversing following the ECB’s comment, we somehow doubt these momentum chasers will form a line and wait to exit in cool, calm and orderly fashion.

Which brings us to a note published overnight from Bloomberg macro commentator Laura Cooper, in which she correctly observes that “Euro Is Ripe for a Reality Check After Euphoric Run.”

Below she explains why:

The euro’s advance against the dollar is due for a pause as economic data rolls over, the tailwind from compressed rates fades and bullish sentiment skews risks to the downside. EUR/USD’s rally of almost 7% this year has come amid historic European Union stimulus, virus containment, growth recoveries and broad dollar weakness. Yet further gains will be harder to come by with much good news priced in.

Upside surprises in European economic data are fading relative to the U.S. for the first time since mid-July, and high-frequency indicators are stalling below pre-pandemic levels. Meanwhile, forecast revisions are turning upward in the U.S. while holding steady in the euro area. That contrasts with 2017, when improving EU expectations converged with the U.S. to propel EUR/USD to multi-year highs above 1.23.

The collapse in real-rate differentials that sparked EUR/USD upside is stalling just shy of 10bps, a seven-year low. The euro tailwind from rate compression is fading, with policy expectations firmly anchored on both sides of the Atlantic.

Central bank balance sheets have less of a bearing on EUR/USD — three-year rolling correlations show the relationship between monthly changes in the monetary base and FX performance has weakened.

Plus, the relative pace of Federal Reserve and European Central Bank balance sheet expansion should be comparable going forward. The ECB’s balance sheet is forecast to grow from 55% of GDP currently to ~70% by late 2021, which should fall just shy of the estimated pace of Fed expansion.

There is the possibility that near-term dollar fears are overblown. Risks from twin U.S. deficits are cushioned by excess private savings. Election risks appear priced into the greenback, given a Biden presidency has been favored in betting markets since March. The dollar is still the reserve currency of choice given the absence of an alternative, and is further supported by bouts of risk-off sentiment.

The ECB could push back on euro strength, with the broad trade-weighted index testing its all-time high seen in 2009. The ~2% climb since July could shave roughly 10bps-20bps off already weak core inflation. That would pressure policy makers to act, given 5y5y forward swaps show inflation expectations are struggling around 1.25% — a sharp contrast with above 2.15% in the U.S.

Speculators who have extended bullish euro positioning to a record are likely following momentum-type strategies, signaling optimism is already priced in, with questionable room to extend.

To be sure, stretched positioning isn’t necessarily a sign of an imminent snapback. As seen in 2017, when z-scores for speculative longs go above two standard deviations, they tend to signal more near-term gains. Yet other positioning gauges are already rolling over — for instance, the Citigroup pain index is already slipping from its recent peak.

The medium-term euro outlook remains bright. European equities, which are at an all-time low relative to the S&P 500, should benefit if lapsed U.S. fiscal stimulus and political risks fuel a sustained cyclical rotation. But after incredible momentum this year, more euro upside looks harder to come by.

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Time May Not Exist Anymore, but Tenet Does, and It’s in Theaters Now

tenet-FULL-USE-window

I won’t spoil Tenet for you. Honestly, I’m not sure if I could. 

Instead, I will say this: Perhaps you have noticed that time seems to have no meaning. That days creep by, yet also seem to pass faster than ever before. That it is hard to remember anything from the old world, and that time and space seem increasingly to run together, and also against each other. As the summer went on, and Hollywood delayed its new releases over and over again, I found myself wondering: Is the new Christopher Nolan movie out? Would I ever? What if I’d seen it already? That sensation, that time is running forward and backward and sideways, that perhaps I am fighting myself in some elaborate but poorly explained conceit that means—oh goodness, oh goodness, that suit is sooo beauuuuuitful, BWAAAAAAAM—where was I? Ah yes. What it’s like to watch Tenet.

Despite the secrecy surrounding the film’s plot and premise, the film itself is maze-like and maddening, a time-bending labyrinth both intensely cerebral and intentionally confusing, a sensory experience, complete with a frantically pulverizing score that takes director Christopher Nolan’s signature BWWAAAAAAAMS to a new level. Nolan, whose obsession with temporal perception stretches back to his breakout feature, Memento, has made a ludicrously extravagant, precociously difficult, absurdly dense exploration of—of all things—palindromes. Somehow, it’s great.

The story follows an unnamed secret agent (a dapper and immensely charming John David Washington, listed only as the Protagonist) who, after responding selflessly to a terrorist attack, is recruited into a shadowy organization referred to only as Tenet. It’s not immediately clear what the organization is or what it does because Nolan is interested in immediate clarity in the same way he’s interested in character backstory: not at all. 

But its activities are built around a distinct method: inversion, in which objects acquire reverse entropy, moving backward through time instead of forward, even as the rest of the world moves on. So a fired bullet might return to its chamber, and a car that flips over on the highway might flip back onto the road. Similarly, as the movie dutifully explains how all of this works, you might go to the bathroom, and then return to your seat. 

The forward-backward reverse-parallel tracks of time become even more tangled once humans are involved, and plans and counterplans are hatched by the Tenet agents and their opponents, led by Kenneth Branagh’s sneering Russian oligarch, Andrei Sator. The protagonist gets an assist from a fellow agent, played with loose charm by Robert Pattinson, and Sator’s wife, Kat (Elizabeth Debicki), ends up figuring into the story as well. 

The various plans and plots are often indecipherable as they are explained, and yet somehow, over time, they start to feel as if they make just enough sense. By the time you find yourself half-listening, half-zoning out to disquisitions on the strategic value of “temporal pincer movements,” you realize: Nolan’s jumpy, jargon-heavy approach to exposition cuts both ways. 

The exposition is choppy and brisk, but it’s the time-bending action sequences, in which objects zig and zag through time and space, unmoored from lineaity, that are the movie’s real selling points. Like Hitchcock and Spielberg before him, Nolan is this era’s great action setpiece manager. His strength is in the marriage of ideas and action; his premises are not only stories but ways of understanding cinematic time and space. Think of the multi-layered dream sequences in Inception, the multiple time-tracks of Dunkirk, even the opening bank robbery in The Dark Knight, all of which capture the central conceit of their films. Similarly, in Tenet, action scenes run both forward and backward, sometimes at the exact same time, sometimes in sequence. A man, a plan, a canal, Panama…Tenet. It’s a movie about both the reversability of the timeline. 

Viewers are likely to be tempted by the notion that Tenet is a cryptogram to be solved. But this idea is a trap. It is certainly true that Nolan’s movies often unspool like elaborate puzzle-boxes, codexes just waiting to be cracked. But Tenet is less a puzzle than a pattern, an idea for structuring action, which moves forward and backward, reversing and repeating itself. It feels like a labyrinth, but there’s no way out or in, just an intellectual space to explore, two and a half hours of dazzling variations—some physical, some philosophical—on a theme. The trick isn’t to solve the film, it’s to succumb to its way of looking at the world. The movie even suggests as much: When the protagonist is learning about inversion, the scientist explaining it warns, “Don’t try to understand it. Feel it.” Viewers should do the same. 

Once you accept the movie’s pattern, you see it everywhere. You may have noticed that the backward-forward system that provides the movie’s premise also covers its title. Tenet spelled backward is Tenet. Like so much in the movie, it’s a palindrome, a reflection of the film’s animating idea—its premise and its philosophy that time rolled forward or backward is inescapably the same, that it can be manipulated through intention yet nonetheless remains fixed. This idea is repeated several times in the dialogue, as characters inform each other that “what’s happened, happened.” Time is reversible but unchangeable. Forward. Backward. It’s all the same. Forget political bothsidesism; with Tenet, Christopher Nolan has bothsidesed time

All of this is in keeping for Nolan, whose time-trickery has defined his cinematic career. His biggest idea, the overarching theme of his oeuvre, is that time is subjective, personal, and idiosyncratic, not the objective and unchangeable hegemon it appears to be. Ever the individualist, Nolan is constantly arguing that each of us experiences time in our own unique way.

This may come across as chilly, nihilistic, hopeless, even despairing. Nolan is not Hollywood’s warmest filmmaker. But his intellectual gamesmanship is not simply empty. For he is, at heart, a humanist and an individualist, a believer in the power of choice, even—perhaps especially—in the face of hopeless odds. Tenet, in the end, is a movie that defiantly affirms the notion that one person making the choice to be good and do good can matter. What’s happened has happened, yes, but that doesn’t lift one’s responsibility to do what is right. 

That’s par for the course for the maker of Interstellar, about time loops and human daring, The Dark Knight Rises, about personal courage in the face of mob indecency, and Dunkirk, about how acts of social solidarity thwart historical evil. But it’s hardly common in Hollywood, where big-budget filmmaking on this scale rarely upholds any ideas at all.

And it’s even less common this year when Hollywood has essentially hit the pause button for six months, with theaters closed and the new movie pipeline on hold. The shutdown of theaters, along with everything else, has given time an elastic feeling, as if we are all living through some experimental Christopher Nolan film about the inscrutable fuzziness of weeks and days. Just as time has lost all meaning, Nolan has delivered a theatrical extravaganza about the malleability of time. In the upside-down, inverted world of 2020, time may not exist, but Tenet does, and you can see it on a big screen, at least if your state governor allows it. To see Tenet in the theater is to be reminded of not only why people see movies, but why they see them in theaters.

Looked at one way, Tenet is delirious and wonderful, finely tuned and breathlessly paced, a $200 million cinematic marvel, a big-screen clockwork I can’t wait to wind up again. Looked at another way, it is imperfect, impenetrable, slightly silly, bombastic, and self-serious. And yet, and yet, and yet, it is a real movie, an idea captured in light and sound in the grandest possible way, the kind of thing that takes over your brain and your senses, that you make the time to see. To express my feelings for it in the movie’s terminology: I loved it, it loved I. 

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California’s Inmate Firefighters May Soon Be Allowed To Continue Their Careers After Release

inmatefirefighters_1161x653

A summer heat wave led to another round of wildfires in California which drew attention to the state’s dependence on prison inmates as firefighters and the terrible fact that licensing regulations stop these men and women from continuing this work after they’re freed.

But that may change with A.B. 2147, which lawmakers just passed on August 30 and now awaits Gov. Gavin Newsom’s signature. The bill, sponsored by Assemblymember Eloise Gomez Reyes (D–San Bernardino), creates a process for former inmates to get their records expunged when they’re released so that they can qualify for a state license to fight fires professionally.

Currently, California’s oppressive licensing laws prevent former inmates from being able to earn the proper emergency technician license because they have criminal records. But every summer, when the wildfires grow out of control, the state depends on current inmates (who earn $1 per hour) to assist firefighting crews. Over the past couple of years, there’s been more and more media attention paid to the outrage that these people cannot pursue firefighting as a career after they’re released.

In June, Reyes introduced A.B. 2147 to fix this problem. Her bill establishes a process of relief for inmates who have participated in one of these “hand crews” successfully (meaning they didn’t get booted out of the program for misconduct). Inmates convicted of certain crimes (like murder, kidnapping, rape, sex offenses, and, of course, arson) are not eligible.

“If we are willing to allow an incarcerated person to volunteer and help fight fires—protecting lives and property while putting their lives at risk; then we should be willing to allow those same individuals an opportunity to receive an expungement which can be granted after judicial review,” she wrote in June after introducing the bill.

The bill doesn’t stop with just letting former convicts legally fight fires. There are more than 40 occupations in California where people with criminal records are shut out of occupational licenses. A.B. 2147 will allow these former prisoners to work on getting licenses in these other careers, though they’ll still be blocked from working as teachers, police officers, or elected officials.

Firefighters unions had been resisting this push to let inmates become professionals after they’re released, but according to Erika D. Smith, a columnist at the Los Angeles Times, Reyes managed to satisfy them with this bill. It passed unanimously through the state’s Senate and 51-12 in the Assembly.

Now it’s up to Newsom to decide whether to sign the bill. He absolutely should, of course, allow these people to return to the workforce after their release.

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Should Civil Defendants Accused of Sexual Assault Be Allowed to Proceed Pseudonymously?

A well-crafted argument from a Connecticut court filing, which also rests in part on the plaintiff’s request to proceed pseudonymously. (Alleged sexual victims are often allowed to proceed pseudonymously in civil cases.) But how is this case different from criminal sexual assault prosecutions, where the defendant is routinely named? And is it different enough from civil lawsuits over other serious but nonsexual intentional behavior—e.g., alleged fraud or even alleged intentional homicide—where the accusations against a potentially innocent defendant can still badly damage the defendant’s reputation, even if the defendant is eventually vindicated in court?

From a motion in Doe v. Yellowbrick Real Estate LLC (Conn. Super. Ct.):

Plaintiff filed her Complaint under a pseudonym, claiming that her allegations of sexual assault raise privacy rights that override the public’s interest in knowing her identity. The Court granted preliminary relief pursuant to Practice Book § 11-20A and scheduled a hearing regarding Plaintiff’s continued use of a pseudonym for August 17, 2020. During that hearing, the Court (Krumeich, J.) granted the Plaintiff’s request to submit additional evidence in support of her motion, and agreed to continue the hearing to a later date to allow her to do so….

The Defendant denies the allegations in Plaintiff’s Complaint and in the Affidavit supporting her application to proceed under a pseudonym, and will vigorously defend the salacious claims made against him. Nevertheless, Defendant will suffer irreparable and unnecessary injury if the Plaintiff’s allegations against him remain open to the public. Accordingly, the Defendant moves the Court to allow him to use a pseudonym in this case and that the Court’s file be sealed to protect his interests….

When deciding a motion seeking permission to use a pseudonym, “the trial court must consider whether a substantial privacy interest exists to override the public’s interest in open judicial proceedings. Such consideration is not reserved solely for questions of court closure or the sealing of documents, but extends to whether any individual may proceed by a pseudonym.” The burden is on the party moving to proceed anonymously ….

“[N]ot all substantial privacy interests are sufficient to outweigh the public’s interest in open judicial proceedings. The ultimate test for permitting a [party] to proceed anonymously is whether the [party] has a substantial privacy right which outweighs the customary and constitutionally-embedded presumption of openness in judicial proceedings … A party’s desire to avoid economic and social harm as well as embarrassment and humiliation in his professional and social community is normally insufficient to permit him to appear without disclosing his identity …

“The most compelling situations [for granting a motion to proceed anonymously] involve matters which are highly sensitive, such as social stigmatization, real danger of physical harm, or where the injury litigated against would occur as a result of the disclosure of the [party’s] identity …. There must be a strong social interest in concealing the identity of the [party].” “The privilege of using fictitious names in actions should be granted only in the rare case where the nature of the issue litigated and the interest of the parties demand it and no harm can be done to the public interest.” …

“Character is much easier kept than recovered.” Application of Maria C., 294 Md. 538, 540 (1982) (Smith, J., dissenting) (quoting Thomas Paine, The American Crisis XIII (1783)). The Defendant respectfully submits that he will be unable to recover his character and reputation once they are lost due to the public’s access to the claims made against him in this case.

In a publicly-available Complaint, the Plaintiff has accused the Defendant of committing a sexual assault and attempting to rape her. The Plaintiff was a 32 year-old adult at the time of the alleged assault. The Plaintiff did not report the alleged assault to the police. The Plaintiff claims the assault occurred while she and the Defendant were alone, so there are no witnesses to consult. The Plaintiff’s allegations make clear that she brings a classic case of “he said, she said” to recover money from the Defendant. Plaintiff has every right to file a lawsuit, and she ultimately will bear the consequences if it is determined that her allegations are false. However, she should not be allowed to ruin the Defendant’s reputation in the process.

Personal, societal, and professional considerations fully support the Defendant’s motion. The Defendant has never had non-consensual physical contact with the Plaintiff. The Defendant has never threatened the Plaintiff with non-consensual physical contact. The Defendant has never physically detained the Plaintiff or impeded her freedom of movement in any way. The Defendant has never engaged in, or even been accused of engaging in, the type of behavior alleged in the Complaint, whether with respect to the Plaintiff or any other person….

The Defendant acknowledges that he and the Plaintiff often worked closely together and had a flirtatious relationship. He also acknowledges that (at the Plaintiff’s request) he and the Plaintiff shared intimate photos of each other on their respective cell phones. However, he vehemently denies the allegations of sexual assault and related inappropriate conduct the Plaintiff includes in her Complaint and in the Affidavit supporting her application to use a pseudonym in this case.

The Plaintiff apparently did not report the alleged sexual assault to the police; if any such complaint was made, law enforcement authorities obviously did not pursue the claim because the Defendant has never been contacted about any such charge. The Defendant did not become aware of the Plaintiff’s allegations concerning the alleged sexual assault she describes in her Complaint until December 12, 2019—nearly seven months after the date on which she claims it took place.

The Defendant currently enjoys a stellar reputation in the community. He was a member of the United States Army, serving from 1997 to 2003—including a seven- month tour of duty in Afghanistan following the terrorist attacks of September 11, 2001. He received an honorable discharge in 2003, having attained the rank of Sergeant. The Defendant has never been arrested or charged with a crime (other than a minor traffic violation). The Defendant has been married for 12 years and has three daughters, ages 1, 7, and 9. He has been an active member of a church community in Stamford for more than 14 years, and has served as a mentor in its young men’s ministry program.

The Defendant also has an unblemished professional reputation. He has been a licensed real estate professional since 2013. He has provided mentoring services to professionals affiliated with his employer. These mentoring activities are important to Defendant and to his employer. He has been, and continues to be, involved in media and marketing campaigns for his employer.

The public filing of this lawsuit already has interfered with the Defendant’s ability to engage in his profession as a licensed real estate professional, as a mentor to his colleagues, and as an active contributor toward his employer’s marketing of its services. For example, the Defendant recently declined a request for a media outlet to feature him in a news article for fear that the false and salacious allegations made in this lawsuit would be discovered….

The false and salacious allegations made against Defendant in this case currently are open to the public and already have had an adverse effect on his personal and professional relationships. If the allegations made against the Defendant in this case remain open to the public, he will continue to suffer additional irreparable harm to his name and reputation in that there is a legitimate risk that the allegations will become known to, and cause harm to, his children, members of his church, professional colleagues, and potential clients….

The Defendant submits that, for him, this case involves matters of a highly sensitive and personal nature. Indeed, the Plaintiff’s allegations against him—that he committed a sexual assault and threatened her if she refused to have sex with him—could not be more sensitive or personal, not to mention damaging to his reputation.

There can be no doubt that if the Plaintiff’s claims remain in public view, the Defendant will suffer familial, social, and professional stigmatization and irreparable damage. The Defendant fully intends to defend himself against the false and salacious allegations made against him in this case, but he should not be forced to do so in public. “If a plaintiff in a civil case such as this one were to fabricate charges of sexual assault, the defendant’s reputation might suffer irreparable harm during the proceedings, even if the plaintiff ultimately fails to prove him liable. In such a case the use of a pseudonym by the defendant could prevent the completely unjustified damage to his reputation.”

In light of the strong potential for irreparable harm, numerous Superior Court judges have allowed parties defending against claims of sexual assault or sexual abuse to use pseudonyms. [Citing some such cases, and one to the contrary; my review of the Connecticut trial court decisions suggests that they are fairly evenly split on the subject.-EV]

In Doe v. Doe, 2014 WL 4056717 (Conn. Super. July 9, 2014) (Markle, J.), the adult plaintiff alleged that the adult defendant sexually assaulted her when both were minors. Both parties moved to proceed in the case using pseudonyms. The trial court acknowledged the strongly-contested defense to the plaintiff’s allegations, which involved conduct alleged to have occurred 41 years earlier when the plaintiff was five and one-half years old and the defendant was 13 years old. The court further found “that the defendant is now 54 years of age and she has strong ties to the community; that the sensitive nature of the allegations would like cause social stigma and would likely cause irreparable harm to the defendant.” Based on these findings, the court held “that the burden has been met of establishing the existence of a substantial privacy interest that outweighs the public interest in open judicial proceedings.”

Like the Defendant in Doe v. Doe, the Defendant here is an adult with strong ties to the community, and the sensitive nature of the factual allegations asserted against him undoubtedly will cause social stigma and irreparable harm.

Finally, the Defendant seeks balance and fairness. The Defendant submits that he should receive no less insulation from social stigmatization and personal and professional harm than the Plaintiff. If the Court is not inclined to provide the relief requested in this motion, the Plaintiff likewise should be required to proceed in this action without the use of a pseudonym: “In choosing to file a civil lawsuit for money damages, the plaintiff has determined to shed at least some degree of privacy in favor of claiming compensation from the defendant for the tortious conduct she alleges against him. Also by filing the case under the defendant’s true name, the plaintiff has declined to afford the defendant the opportunity utilized by the plaintiff, to proceed via pseudonym.” Doe v. Martin, 2004 WL 2669274 at *2 (Conn. Super. Nov. 1, 2004) (Pittman, J.).

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California’s Inmate Firefighters May Soon Be Allowed To Continue Their Careers After Release

inmatefirefighters_1161x653

A summer heat wave led to another round of wildfires in California which drew attention to the state’s dependence on prison inmates as firefighters and the terrible fact that licensing regulations stop these men and women from continuing this work after they’re freed.

But that may change with A.B. 2147, which lawmakers just passed on August 30 and now awaits Gov. Gavin Newsom’s signature. The bill, sponsored by Assemblymember Eloise Gomez Reyes (D–San Bernardino), creates a process for former inmates to get their records expunged when they’re released so that they can qualify for a state license to fight fires professionally.

Currently, California’s oppressive licensing laws prevent former inmates from being able to earn the proper emergency technician license because they have criminal records. But every summer, when the wildfires grow out of control, the state depends on current inmates (who earn $1 per hour) to assist firefighting crews. Over the past couple of years, there’s been more and more media attention paid to the outrage that these people cannot pursue firefighting as a career after they’re released.

In June, Reyes introduced A.B. 2147 to fix this problem. Her bill establishes a process of relief for inmates who have participated in one of these “hand crews” successfully (meaning they didn’t get booted out of the program for misconduct). Inmates convicted of certain crimes (like murder, kidnapping, rape, sex offenses, and, of course, arson) are not eligible.

“If we are willing to allow an incarcerated person to volunteer and help fight fires—protecting lives and property while putting their lives at risk; then we should be willing to allow those same individuals an opportunity to receive an expungement which can be granted after judicial review,” she wrote in June after introducing the bill.

The bill doesn’t stop with just letting former convicts legally fight fires. There are more than 40 occupations in California where people with criminal records are shut out of occupational licenses. A.B. 2147 will allow these former prisoners to work on getting licenses in these other careers, though they’ll still be blocked from working as teachers, police officers, or elected officials.

Firefighters unions had been resisting this push to let inmates become professionals after they’re released, but according to Erika D. Smith, a columnist at the Los Angeles Times, Reyes managed to satisfy them with this bill. It passed unanimously through the state’s Senate and 51-12 in the Assembly.

Now it’s up to Newsom to decide whether to sign the bill. He absolutely should, of course, allow these people to return to the workforce after their release.

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Should Civil Defendants Accused of Sexual Assault Be Allowed to Proceed Pseudonymously?

A well-crafted argument from a Connecticut court filing, which also rests in part on the plaintiff’s request to proceed pseudonymously. (Alleged sexual victims are often allowed to proceed pseudonymously in civil cases.) But how is this case different from criminal sexual assault prosecutions, where the defendant is routinely named? And is it different enough from civil lawsuits over other serious but nonsexual intentional behavior—e.g., alleged fraud or even alleged intentional homicide—where the accusations against a potentially innocent defendant can still badly damage the defendant’s reputation, even if the defendant is eventually vindicated in court?

From a motion in Doe v. Yellowbrick Real Estate LLC (Conn. Super. Ct.):

Plaintiff filed her Complaint under a pseudonym, claiming that her allegations of sexual assault raise privacy rights that override the public’s interest in knowing her identity. The Court granted preliminary relief pursuant to Practice Book § 11-20A and scheduled a hearing regarding Plaintiff’s continued use of a pseudonym for August 17, 2020. During that hearing, the Court (Krumeich, J.) granted the Plaintiff’s request to submit additional evidence in support of her motion, and agreed to continue the hearing to a later date to allow her to do so….

The Defendant denies the allegations in Plaintiff’s Complaint and in the Affidavit supporting her application to proceed under a pseudonym, and will vigorously defend the salacious claims made against him. Nevertheless, Defendant will suffer irreparable and unnecessary injury if the Plaintiff’s allegations against him remain open to the public. Accordingly, the Defendant moves the Court to allow him to use a pseudonym in this case and that the Court’s file be sealed to protect his interests….

When deciding a motion seeking permission to use a pseudonym, “the trial court must consider whether a substantial privacy interest exists to override the public’s interest in open judicial proceedings. Such consideration is not reserved solely for questions of court closure or the sealing of documents, but extends to whether any individual may proceed by a pseudonym.” The burden is on the party moving to proceed anonymously ….

“[N]ot all substantial privacy interests are sufficient to outweigh the public’s interest in open judicial proceedings. The ultimate test for permitting a [party] to proceed anonymously is whether the [party] has a substantial privacy right which outweighs the customary and constitutionally-embedded presumption of openness in judicial proceedings … A party’s desire to avoid economic and social harm as well as embarrassment and humiliation in his professional and social community is normally insufficient to permit him to appear without disclosing his identity …

“The most compelling situations [for granting a motion to proceed anonymously] involve matters which are highly sensitive, such as social stigmatization, real danger of physical harm, or where the injury litigated against would occur as a result of the disclosure of the [party’s] identity …. There must be a strong social interest in concealing the identity of the [party].” “The privilege of using fictitious names in actions should be granted only in the rare case where the nature of the issue litigated and the interest of the parties demand it and no harm can be done to the public interest.” …

“Character is much easier kept than recovered.” Application of Maria C., 294 Md. 538, 540 (1982) (Smith, J., dissenting) (quoting Thomas Paine, The American Crisis XIII (1783)). The Defendant respectfully submits that he will be unable to recover his character and reputation once they are lost due to the public’s access to the claims made against him in this case.

In a publicly-available Complaint, the Plaintiff has accused the Defendant of committing a sexual assault and attempting to rape her. The Plaintiff was a 32 year-old adult at the time of the alleged assault. The Plaintiff did not report the alleged assault to the police. The Plaintiff claims the assault occurred while she and the Defendant were alone, so there are no witnesses to consult. The Plaintiff’s allegations make clear that she brings a classic case of “he said, she said” to recover money from the Defendant. Plaintiff has every right to file a lawsuit, and she ultimately will bear the consequences if it is determined that her allegations are false. However, she should not be allowed to ruin the Defendant’s reputation in the process.

Personal, societal, and professional considerations fully support the Defendant’s motion. The Defendant has never had non-consensual physical contact with the Plaintiff. The Defendant has never threatened the Plaintiff with non-consensual physical contact. The Defendant has never physically detained the Plaintiff or impeded her freedom of movement in any way. The Defendant has never engaged in, or even been accused of engaging in, the type of behavior alleged in the Complaint, whether with respect to the Plaintiff or any other person….

The Defendant acknowledges that he and the Plaintiff often worked closely together and had a flirtatious relationship. He also acknowledges that (at the Plaintiff’s request) he and the Plaintiff shared intimate photos of each other on their respective cell phones. However, he vehemently denies the allegations of sexual assault and related inappropriate conduct the Plaintiff includes in her Complaint and in the Affidavit supporting her application to use a pseudonym in this case.

The Plaintiff apparently did not report the alleged sexual assault to the police; if any such complaint was made, law enforcement authorities obviously did not pursue the claim because the Defendant has never been contacted about any such charge. The Defendant did not become aware of the Plaintiff’s allegations concerning the alleged sexual assault she describes in her Complaint until December 12, 2019—nearly seven months after the date on which she claims it took place.

The Defendant currently enjoys a stellar reputation in the community. He was a member of the United States Army, serving from 1997 to 2003—including a seven- month tour of duty in Afghanistan following the terrorist attacks of September 11, 2001. He received an honorable discharge in 2003, having attained the rank of Sergeant. The Defendant has never been arrested or charged with a crime (other than a minor traffic violation). The Defendant has been married for 12 years and has three daughters, ages 1, 7, and 9. He has been an active member of a church community in Stamford for more than 14 years, and has served as a mentor in its young men’s ministry program.

The Defendant also has an unblemished professional reputation. He has been a licensed real estate professional since 2013. He has provided mentoring services to professionals affiliated with his employer. These mentoring activities are important to Defendant and to his employer. He has been, and continues to be, involved in media and marketing campaigns for his employer.

The public filing of this lawsuit already has interfered with the Defendant’s ability to engage in his profession as a licensed real estate professional, as a mentor to his colleagues, and as an active contributor toward his employer’s marketing of its services. For example, the Defendant recently declined a request for a media outlet to feature him in a news article for fear that the false and salacious allegations made in this lawsuit would be discovered….

The false and salacious allegations made against Defendant in this case currently are open to the public and already have had an adverse effect on his personal and professional relationships. If the allegations made against the Defendant in this case remain open to the public, he will continue to suffer additional irreparable harm to his name and reputation in that there is a legitimate risk that the allegations will become known to, and cause harm to, his children, members of his church, professional colleagues, and potential clients….

The Defendant submits that, for him, this case involves matters of a highly sensitive and personal nature. Indeed, the Plaintiff’s allegations against him—that he committed a sexual assault and threatened her if she refused to have sex with him—could not be more sensitive or personal, not to mention damaging to his reputation.

There can be no doubt that if the Plaintiff’s claims remain in public view, the Defendant will suffer familial, social, and professional stigmatization and irreparable damage. The Defendant fully intends to defend himself against the false and salacious allegations made against him in this case, but he should not be forced to do so in public. “If a plaintiff in a civil case such as this one were to fabricate charges of sexual assault, the defendant’s reputation might suffer irreparable harm during the proceedings, even if the plaintiff ultimately fails to prove him liable. In such a case the use of a pseudonym by the defendant could prevent the completely unjustified damage to his reputation.”

In light of the strong potential for irreparable harm, numerous Superior Court judges have allowed parties defending against claims of sexual assault or sexual abuse to use pseudonyms. [Citing some such cases, and one to the contrary; my review of the Connecticut trial court decisions suggests that they are fairly evenly split on the subject.-EV]

In Doe v. Doe, 2014 WL 4056717 (Conn. Super. July 9, 2014) (Markle, J.), the adult plaintiff alleged that the adult defendant sexually assaulted her when both were minors. Both parties moved to proceed in the case using pseudonyms. The trial court acknowledged the strongly-contested defense to the plaintiff’s allegations, which involved conduct alleged to have occurred 41 years earlier when the plaintiff was five and one-half years old and the defendant was 13 years old. The court further found “that the defendant is now 54 years of age and she has strong ties to the community; that the sensitive nature of the allegations would like cause social stigma and would likely cause irreparable harm to the defendant.” Based on these findings, the court held “that the burden has been met of establishing the existence of a substantial privacy interest that outweighs the public interest in open judicial proceedings.”

Like the Defendant in Doe v. Doe, the Defendant here is an adult with strong ties to the community, and the sensitive nature of the factual allegations asserted against him undoubtedly will cause social stigma and irreparable harm.

Finally, the Defendant seeks balance and fairness. The Defendant submits that he should receive no less insulation from social stigmatization and personal and professional harm than the Plaintiff. If the Court is not inclined to provide the relief requested in this motion, the Plaintiff likewise should be required to proceed in this action without the use of a pseudonym: “In choosing to file a civil lawsuit for money damages, the plaintiff has determined to shed at least some degree of privacy in favor of claiming compensation from the defendant for the tortious conduct she alleges against him. Also by filing the case under the defendant’s true name, the plaintiff has declined to afford the defendant the opportunity utilized by the plaintiff, to proceed via pseudonym.” Doe v. Martin, 2004 WL 2669274 at *2 (Conn. Super. Nov. 1, 2004) (Pittman, J.).

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‘Science Deniers’? – Delaying Herd Immunity Is Costing Lives

‘Science Deniers’? – Delaying Herd Immunity Is Costing Lives

Tyler Durden

Wed, 09/02/2020 – 11:20

Authored by Martin Kulldorff via The American Institute for Economic Research,

Climate scientists are frustrated by people who do not believe in climate change. In epidemiology, our frustration is with anti-vaxxers. Most anti-vaxxers are highly educated but still argue against vaccination. We now face a similar situation with ‘anti-herders’, who view herd immunity as a misguided optional strategy rather than a scientifically proven phenomenon that can prevent unnecessary deaths.

Because of its virulence, wide spread and the many asymptomatic cases it causes, Covid-19 cannot be contained in the long run, and so all countries will eventually reach herd immunity. To think otherwise is naive and dangerous. General lockdown strategies can reduce transmission and death counts in the short term. But this strategy cannot be considered successful until lockdowns are removed without the disease resurging.

The choice we face is stark.

  • One option is to maintain a general lockdown for an unknown amount of time until herd immunity is reached through a future vaccine or until there is a safe and effective treatment. This must be weighed against the detrimental effects that lockdowns have on other health outcomes.

  • The second option is to minimise the number of deaths until herd immunity is achieved through natural infection. Most places are neither preparing for the former nor considering the latter.

The question is not whether to aim for herd immunity as a strategy, because we will all eventually get there. The question is how to minimise casualties until we get there. Since Covid-19 mortality varies greatly by age, this can only be accomplished through age-specific countermeasures. We need to shield older people and other high-risk groups until they are protected by herd immunity.

Among the individuals exposed to Covid-19, people aged in their 70s have roughly twice the mortality of those in their 60s, 10 times the mortality of those in their 50s, 40 times that of those in their 40s, 100 times that of those in their 30s, and 300 times that of those in their 20s. The over-70s have a mortality that is more than 3,000 times higher than children have. For young people, the risk of death is so low that any reduced levels of mortality during the lockdown might not be due to fewer Covid-19 deaths, but due to fewer traffic accidents.

Considering these numbers, people above 60 must be better protected, while restrictions should be loosened on those below 50. Older people who are vulnerable should stay at home. Food should be delivered and they should receive no visitors. Nursing homes should be isolated together with some of the staff until other staff who have acquired immunity can take over. Younger people should go back to work and school without older coworkers and teachers at their sides.

While the appropriate magnitude of countermeasures depends on time and place as it is necessary to avoid hospital overload, the measures should still be age-dependent. This is how we can minimise the number of deaths by the time this terrible pandemic is over.

Among anti-herders, it is popular to compare the current number of Covid-19 deaths by country and as a proportion of the population. Such comparisons are misleading, as they ignore the existence of herd immunity. A country much closer to herd immunity will ultimately do better even if their current death count is somewhat higher. The key statistic is instead the number of deaths per infected. Those data are still elusive, but comparisons and strategies should not be based on misleading data just because the relevant data are unavailable.

While it is not perfect, Sweden has come closest to an age-based strategy by keeping elementary schools, stores and restaurants open, while older people are encouraged to stay at home. Stockholm may become the first place to reach herd immunity, which will protect high-risk groups better than anything else until there is a cure or vaccine.

Herd immunity arrives after a certain still unknown percentage of the population has acquired immunity. Through long-term sustainable social distancing and better hygiene, like not shaking hands, this percentage can be lowered, saving lives. Such practices should be adopted by everyone.

Social distancing that cannot be permanently sustained is a different story. Some people will eventually be infected, and for every young low-risk person avoiding infection, there will ultimately be roughly one additional high-risk older person that is infected, increasing the death count.

Anti-vaxxers do not suffer the consequences of their beliefs, as they are protected by the herd immunity generated by the rest of us. Neither will the anti-herders, many of whom can afford to isolate themselves from Covid-19 until natural herd immunity is achieved by others. It is older and working-class people that disproportionately suffer from the current approach, becoming infected and thereby indirectly protecting much lower-risk college students and young professionals who are working from home.

The current one-size-fits-all lockdown approach is leading to unnecessary deaths. Protecting older people and other high-risk groups will be logistically and politically more difficult than isolating the young by closing schools and universities. But we must change course if we want to reduce suffering and save lives.

via ZeroHedge News https://ift.tt/3jC8nPw Tyler Durden