Pioneer Institute Podcast on the Revised Federal Eviction Moratorium


Eviction Moratorium

In this new podcast produced by the Pioneer Institute, a Massachusetts-based think tank, interviewer Joe Selvaggi and I discuss the Biden administration’s revised version of the federal eviction moratorium, and the issues it raises. Among other things, I explain why the new version of the moratorium has virtually all the same flaws as the  original one first adopted under the Trump administration and later extended by Biden,  and consider the recently filed Takings Clause lawsuit against the original moratorium (which could readily apply to the new one, as well).

I also note the large number of court decisions addressing the legality of the original moratorium, most of which went against the federal government. Like co-blogger Jonathan Adler, I think it’s a mistake for commentators to focus too much on the badly flawed and somewhat aberrational pro-moratorium ruling by the DC Circuit.

Litigation on the revised moratorium is ongoing, and I expect we will begin seeing some court decisions on it in the near future.

 

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DEA Seizes Life Savings of New Orleans Grandfather Without Charging Him With a Crime


kermit-warren-DEA-foreiture_5F1A9153

A New Orleans grandfather says the Drug Enforcement Administration (DEA) took his life savings based on flimsy accusations of drug trafficking and without ever charging him with a crime. Now he’s fighting to get it back.

Kermit Warren, a former longshoreman, says he and his son had gotten laid off from their jobs last year during the COVID-19 lockdowns, and he was trying to turn a side-business as a scrapper into a full-time venture. To that end, he and his son traveled to Ohio with roughly $28,000 to purchase a tow truck.

However, Warren claims the tow truck was too large for his needs, so he and his son bought a one-way ticket back home. In the airport, three DEA agents stopped the two men and questioned them about the bag of cash they were carrying.

The complaint against Warren’s money filed in federal court says Warren and his son gave suspicious and incomplete answers about their travel itinerary and plans to buy the truck. Based on that, the agents seized his money. The complaint alleges that a drug dog later alerted on the cash, and that the DEA had previously received a tip of drug trafficking activity at his son’s residence. Warren denies any involvement in drug activity.

The government is now seeking to keep Warren’s money forever through a practice known as civil asset forfeiture, despite there being no concrete evidence that he was involved in drug trafficking. Warren is represented by the Institute for Justice, a libertarian-leaning public interest law firm that has filed several lawsuits on behalf of people who had significant amounts of cash seized from them at airports on the mere suspicion of drug trafficking.

“The government shouldn’t be able to take every dollar I’ve saved up when I’ve committed no crime,” Kermit said in an Institute for Justice press release announcing his case. “Since they seized my money it has been very difficult for me to provide for my family and pay my bills. The way the government has treated me made me feel like dirt. I hope not only to get my money back, but to stop this nightmare from happening to anyone else.”

Although there is nothing illegal about flying domestically with large amounts of undeclared cash, federal and local law enforcement have a habit of seizing currency from travelers under civil asset forfeiture laws. Civil forfeiture allows law enforcement to seize property—cash, cars, guns, houses—suspected of being connected to criminal activity, even if the owner is never charged or convicted of a crime.

The Institute for Justice is currently litigating a separate class-action lawsuit on behalf of people whose cash was seized by the DEA at airports. One of the lead plaintiffs in that case, Stacy Jones, had  $43,167 in cash seized by the DEA as she was trying to fly home to Tampa, Florida, from Wilmington, North Carolina. Jones says the cash was from the sale of a used car, as well as money she and her husband intended to take to a casino.

One of the other named plaintiffs in the lawsuit, Terrence Rolin, a 79-year-old retired railroad engineer, had his life savings of $82,373 seized by the DEA after his daughter tried to take it on a flight out of Pittsburgh with the intent of depositing it in a bank. After the case went public, the DEA returned the money.

The DEA also agreed to return the cash it seized from Jones, but the Institute for Justice argues that the DEA and Transportation Security Administration’s practice of seizing cash from travelers at airports violates the Fourth Amendment.

The DEA and TSA often flag airport travelers who exhibit supposedly suspicious behavior, such as purchasing one-way tickets with short turnaround times and traveling lightly. In 2016, a USA Today investigation found the DEA seized more than $209 million from at least 5,200 travelers in 15 major airports over the previous decade.

“DEA’s practice of ‘see money, seize money’ counts on people’s inability to navigate the maze of civil forfeiture proceedings in order to get their property back,” Institute for Justice attorney Jaba Tsitsuashvili said in a press release. “The government shouldn’t be able to keep a person’s life savings without a related criminal conviction. But people like Kermit are essentially forced to prove their innocence just to keep what they worked so hard to earn. And law enforcement agencies use that money to pad their own policing budgets. This abuse needs to end.”

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Oil Extends Longest Losing Streak Since March After Disappointingly Small Crude Draw

Oil Extends Longest Losing Streak Since March After Disappointingly Small Crude Draw

Oil prices fell for the fourth day in a row – its longest losing streak since March – as a strong dollar and dismal US economic data following weak China data (combined with the ongoing spread of Delta around the world) prompted growth scares everywhere.

“Poor data coming out of China is ground zero for reignited global concern surrounding Covid-19,” says Phil Flynn, senior market analyst at Price Futures Group.

“Although indicators in the U.S. shows a better situation than China, as the second largest economy, what happens in the region has huge market impact.”

Additionally, U.S. gasoline demand falls for third-straight week, dropping less than 1% to 9.423m b/d in the week ended Aug. 13, Descartes Labs says in survey based on movements of cellular devices.

Algos will be desperately hoping for a bullish surprise from tonight’s inventory data.

API

  • Crude -1.163mm (-3.1mm exp)

  • Cushing -1.735mm

  • Gasoline -1.1979mm

  • Distillates +502k

After the prior week’s disappointingly small crude draw, analysts expected a sizable drop in inventories but they were disappointed once again when API reported a mere 1.163mm draw (vs 3.1mm exp)

Source: Bloomberg

WTI hovered around $66.75 ahead of the API print and extended losses after…

Despite the fact that OPEC has kept its demand forecast for 2021 unchanged from the previous month at 96.6 million bpd, it has slashed its demand forecast by 1.1 million bpd for 2022 to stand at 99.9 million bpd, up by 3.3 million bpd y/y. The IEA report, on the other hand, is sending a warning signal that growth in demand may slow in the remaining period of 2021 and OPEC+ needs to take a more cautious path towards its policy in 2021.

The next OPEC+ meeting is scheduled to take place next month and the key question here is whether the alliance will consider recent calls from the White House to bring back supply sooner than the group had originally agreed on. Under the current plan, the group will end its supply cuts by September 2022. According to S&P Platts, the production of OPEC+ rose by 750,000 bpd m/m standing at 40.21 million bpd, with 510,000 bpd produced by Saudi Arabia.

Tyler Durden
Tue, 08/17/2021 – 16:33

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Taliban Warning: US Must Fully Withdraw American Troops By Sept. 11

Taliban Warning: US Must Fully Withdraw American Troops By Sept. 11

Authored by Jack Phillips via The Epoch Times,

A spokesman for the Taliban warned that U.S. troops in Afghanistan have to leave by Sept. 11 – the anniversary of the terrorist attacks that launched the United States into the war – after troops were re-deployed to the Kabul airport to oversee an evacuation.

Suhail Shaheen, a member of the Taliban’s political office, told Sky News on Tuesday that “we are committed not to attack them,” but he stressed they have to leave by that date. It’s not clear what will happen if American forces remain in Afghanistan after Sept. 11.

The United States had previously planned to withdraw all its troops by the end of August, but the Pentagon was forced to send thousands of soldiers to the beleaguered country to facilitate evacuations from Kabul, which was quickly captured by the Taliban—considered a terrorist group by many countries—on Sunday.

The Biden administration has faced widespread criticism for how his office handled the pullout and evacuation, with some likening it to previous military failures such as the 1975 fall of Saigon. Meanwhile, the sudden arrival of the Taliban sparked panic and triggered mass waves of people at the Kabul airport, as many hoped they could be airlifted out of Afghanistan.

German President Frank-Walter Steinmeier told reporters on Tuesday that “the images of despair at Kabul airport shame the political West,” referring to the mass evacuations. “We are experiencing a human tragedy for which we share responsibility,” he also said.

During their 1996-2001 rule, also guided by their interpretation of Islamic law, or shariah, the Taliban stopped women from working and administered punishments including public stoning. Girls were not allowed to go to school and women had to wear all-enveloping burqas to go out.

Another spokesman, Zabihullah Mujahid, said the Taliban would not seek retribution against former soldiers and members of the Western-backed government, adding the movement was granting amnesty for former Afghan government soldiers as well as contractors and translators who worked for international forces.

President Joe Biden, in his only comments after the Taliban took over the country, said Monday that the Afghan government and army were to blame for the quick Taliban takeover.

The president appeared not to take much responsibility for the government collapse and mass evacuations, although he said that the group took over the country “faster than we had anticipated.”

Also Monday, Biden promised a “swift and forceful” response if the Taliban attacks U.S. soldiers or disrupts evacuations at the airport.

A spokesman for the Pentagon, John Kirby, said on Monday and Tuesday that American forces were forced to fire on armed assailants at the airport who fired at them first.

Tyler Durden
Tue, 08/17/2021 – 16:20

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DEA Seizes Life Savings of New Orleans Grandfather Without Charging Him With a Crime


kermit-warren-DEA-foreiture_5F1A9153

A New Orleans grandfather says the Drug Enforcement Administration (DEA) took his life savings based on flimsy accusations of drug trafficking and without ever charging him with a crime. Now he’s fighting to get it back.

Kermit Warren, a former longshoreman, says he and his son had gotten laid off from their jobs last year during the COVID-19 lockdowns, and he was trying to turn a side-business as a scrapper into a full-time venture. To that end, he and his son traveled to Ohio with roughly $28,000 to purchase a tow truck.

However, Warren claims the tow truck was too large for his needs, so he and his son bought a one-way ticket back home. In the airport, three DEA agents stopped the two men and questioned them about the bag of cash they were carrying.

The complaint against Warren’s money filed in federal court says Warren and his son gave suspicious and incomplete answers about their travel itinerary and plans to buy the truck. Based on that, the agents seized his money. The complaint alleges that a drug dog later alerted on the cash, and that the DEA had previously received a tip of drug trafficking activity at his son’s residence. Warren denies any involvement in drug activity.

The government is now seeking to keep Warren’s money forever through a practice known as civil asset forfeiture, despite there being no concrete evidence that he was involved in drug trafficking. Warren is represented by the Institute for Justice, a libertarian-leaning public interest law firm that has filed several lawsuits on behalf of people who had significant amounts of cash seized from them at airports on the mere suspicion of drug trafficking.

“The government shouldn’t be able to take every dollar I’ve saved up when I’ve committed no crime,” Kermit said in an Institute for Justice press release announcing his case. “Since they seized my money it has been very difficult for me to provide for my family and pay my bills. The way the government has treated me made me feel like dirt. I hope not only to get my money back, but to stop this nightmare from happening to anyone else.”

Although there is nothing illegal about flying domestically with large amounts of undeclared cash, federal and local law enforcement have a habit of seizing currency from travelers under civil asset forfeiture laws. Civil forfeiture allows law enforcement to seize property—cash, cars, guns, houses—suspected of being connected to criminal activity, even if the owner is never charged or convicted of a crime.

The Institute for Justice is currently litigating a separate class-action lawsuit on behalf of people whose cash was seized by the DEA at airports. One of the lead plaintiffs in that case, Stacy Jones, had  $43,167 in cash seized by the DEA as she was trying to fly home to Tampa, Florida, from Wilmington, North Carolina. Jones says the cash was from the sale of a used car, as well as money she and her husband intended to take to a casino.

One of the other named plaintiffs in the lawsuit, Terrence Rolin, a 79-year-old retired railroad engineer, had his life savings of $82,373 seized by the DEA after his daughter tried to take it on a flight out of Pittsburgh with the intent of depositing it in a bank. After the case went public, the DEA returned the money.

The DEA also agreed to return the cash it seized from Jones, but the Institute for Justice argues that the DEA and Transportation Security Administration’s practice of seizing cash from travelers at airports violates the Fourth Amendment.

The DEA and TSA often flag airport travelers who exhibit supposedly suspicious behavior, such as purchasing one-way tickets with short turnaround times and traveling lightly. In 2016, a USA Today investigation found the DEA seized more than $209 million from at least 5,200 travelers in 15 major airports over the previous decade.

“DEA’s practice of ‘see money, seize money’ counts on people’s inability to navigate the maze of civil forfeiture proceedings in order to get their property back,” Institute for Justice attorney Jaba Tsitsuashvili said in a press release. “The government shouldn’t be able to keep a person’s life savings without a related criminal conviction. But people like Kermit are essentially forced to prove their innocence just to keep what they worked so hard to earn. And law enforcement agencies use that money to pad their own policing budgets. This abuse needs to end.”

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Stocks Dump, Dollar Jumps As Self-Sustaining Recovery Narrative Collapses

Stocks Dump, Dollar Jumps As Self-Sustaining Recovery Narrative Collapses

Ugly retail sales, industrial production strong, homebuilder sentiment slammed, and the Kiwis locking down over one (yes one) COVID case… All added up to ‘growth scare’ time as US macro data is declining/disappointing at the fastest rate since March 2020

Source: Bloomberg

It seems that without the government constantly puking cash into Americans’ pockets (for doing nothing) that this ‘blistering recovery’ is just an illusion.

As Goldman’s Chris Hussey noted, putting it all together, the combination of lower-than-expected retail sales and auto production in July, and given an increasingly likely drag on services consumption from the Delta variant, our economists will likely revise our second-half growth assumptions.

After yesterday afternoon’s ridiculous gamma-squeezed meltup in stocks, today was rewind day as all the major indices lost their gains and fell below yesterday’s lows, led by Small Caps. Of course, as is the way of the new normal, around 1300ET everything was suddenly panic-bid again…

Small Caps tumbled down towards their 200DMA and bounced. Nasdaq fell back to its 50DMA and bounced…

TSLA has been clubbed like a baby seal this week…

Overall, the last two days have seen “back to the old normal” stocks hammered relative to “hunker down” stocks…

Source: Bloomberg

Credit markets are not buying whatever stocks have been smoking…

Source: Bloomberg

Treasuries were all over the place again today – with yields dumping overnight then accelerating higher (bonds being sold) after the dismal data hit only to stall at the cash open as stocks puked, ending the day basically unchanged

Source: Bloomberg

The dollar soared today, scrambling up to last week’s highs and running stops…

Source: Bloomberg

Kiwi hammered overnight as a single case of COVID sparked a national lockdown!!

Source: Bloomberg

Cryptos were lower today with Ethereum trading back to the low end of its recent channel…

Source: Bloomberg

Bitcoin also tested the low-end of its recent range…

Source: Bloomberg

Gold was down today, but only modestly given the big jump in the dollar…

WTI fell back to a $66 handle again today ahead of tonight’s API inventory data…

Finally, VIX started to catch up to VVIX’s warnings this week

Source: Bloomberg

And don’t forget the debt ceiling is starting to stress the Bill curve…

Source: Bloomberg

‘probably nothing’

Tyler Durden
Tue, 08/17/2021 – 16:00

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Pershing Square’s SPAC Sued Days After Report Revealing Some Retail Investors Lost “Millions”

Pershing Square’s SPAC Sued Days After Report Revealing Some Retail Investors Lost “Millions”

It was no sooner we mentioned how spectacularly the blowup of Pershing Square’s Tontine Holdings SPAC was for some retail investors, than the entity is being sued.

The lawsuit seeks to prove that Pershing Square’s SPAC was an investment company and not a SPAC, according to Bloomberg Tuesday morning. As we noted days ago, this is the exact reason the SPAC got pushback from the SEC when it announced its intention to make an investment in Universal Music, leaving cash left over to acquire, invest and/or merge with other companies. 

The suit was filed by shareholder George Assad, according to the report. If it is found to be meritorious, it could have implications for how SPACs are viewed in the future since Assad is trying to make the case that PSTH was an investment company.

In response to the suit, Bill Ackman told Bloomberg on Tuesday:  “PSTH has never held investment securities that would require it to be registered under the Act, and does not intend to do so in the future. We believe this litigation is totally without merit.”

Bernstein Litowitz Berger & Grossmann is lead counsel for the suit. 

Recall, earlier this week we wrote that Ackman wound up torching retail investors when Pershing Square Tontine Holdings failed to find a merger partner after months of bluster from Ackman and blind faith from investors.

The failure of PSTH to get off the ground resulted in large losses for retail investors, like one 35-year-old unmarried Chicago psychiatrist who lost nearly $1 million “investing” in call options on the pre-merger entity, a new profile by Institutional Investor pointed out several days ago. 

PSTH had been touted by Ackman to be an “investor friendly” SPAC. Ackman even “tweeted a rap video about SPACs minting money” in February 2021. Ackman even joked about “marrying a unicorn” when talking about his SPAC’s launch last July. 

“That video literally single-handedly caused the stock to rise 10 percent,” the investor told II. “It was like, okay, this is coming very soon. If you don’t get in now, you’re going to miss it.” 

“Just because I have specialized training doesn’t mean I can’t be just as much of a fool as the guy next door,” the investor said. “Whatever money I had, I pretty much was putting it all into buying more of it,” he said of his purchases of June 18, 2021 $25 strike call options. The stock traded at $23 at the time, leaving the options to be a total loss.

But reality hit on June 4 when PSTH announced a deal to take a 10% stake in Universal Music Group. It was a small slice of an investment that left money over for other deals. Then, “hell came” when the SEC told Ackman that the deal didn’t meet NYSE’s requirements for a SPAC, all but killing the deal. 

In fact, II talked to 16 other people who invested in PSTH and though it was a “safe, calculated bet”. “Nine of the 17 men II contacted were either immigrants or first-generation Americans,” the report noted.

One 31 year old German college student put about $294,000 in savings into the SPAC. He had lost about $100,000 on the investment. “I looked up to Ackman,” he said, noting that he was impressed by Ackman’s SPAC doing away with free sponsor shares and encouraging holding shares post-merger through special warrants. “It was clear to me that this was a new kind of vehicle. To me, the warrants were the unique selling point of PSTH,” he said.

Another investor who lost $600,000 on PSTH options told II: “The gambler’s fallacy is always the high end. You think you’re invincible until you’re not, and that’s generally what happened to me.”

The biggest loss came from a 39 year old software engineer, who saved $1.6 million over 20 years. He set up an account at Fidelity last year and, behind the back of his parents whom he was helping support, put the entire $1.6 million into PSTH. 

“Ackman just sounded very confident. I trusted the guy. I thought he knew what he was doing,” the engineer said.

It was then that he transferred his shares into in the money call options with a strike price of $22. The stock was trading at $30 at the time. His account hit $2 million at one point before his options expired worthless on July 16. 

He said of the resulting depression he is suffering from: “I’m not mentally there. I’ve got to pick myself up or this is going to ruin my life even further.” 

Tyler Durden
Tue, 08/17/2021 – 15:45

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Goldman On Tesla: Some NHTSA Investigations Can Take “Months Or Years”

Goldman On Tesla: Some NHTSA Investigations Can Take “Months Or Years”

Adding to Tesla’s woes on Tuesday, a day where the stock was slammed alongside a broader market selloff, was Goldman Sachs. The investment bank came out and commented on yesterday’s news that the NHTSA had opened a broad-reaching investigation into Tesla’s Autopilot feature. 

In its note, Goldman appeared anything but optimistic that the probe into Autopilot would be resolved quickly. “Given the current probe is related to a Level 2 driver-assist system, one solution could be for an enhanced driver monitoring system to ensure driver compliance with Tesla’s terms of use,” the investment bank wrote Tuesday morning.

The bank also said that although past NHTSA investigations had varied in length, that this some have taken as long as multiple months or years to complete. 

Recall, yesterday we reported that regulators in the United States had finally come to their senses and opened the long-overdue investigation. The U.S. National Highway Traffic Safety Administration (NHTSA) said the investigation includes Tesla’s Model X, S and 3 for model years 2014-2021. The broad range of models and model years means that this could be the large-scale investigation that skeptics have been requesting for years, we noted.

The NHTSA said the investigation would assess technologies, methods “used to monitor, assist, and enforce the driver’s engagement” during autopilot operation, according to Bloomberg.

GLJ Research’s Gordon Johnson was the first analyst to weigh in yesterday, stating that the investigation could result in sentiment turning “decidedly downward” if sell-side peers begin to understand that Tesla’s proclaimed autonomy prospects are nowhere near what many think.

Johnson’s note opened by describing the situation and noting the investigation covers 765,000 vehicles: “The U.S. government has opened a formal investigation into TSLA’s Autopilot partially automated driving system, saying it has trouble spotting parked emergency vehicles. The investigation covers 765,000 vehicles, almost everything that TSLA has sold in the U.S. since the start of the 2014 model year.” 

“Autopilot has frequently been misused by TSLA drivers, who have been caught driving drunk or even riding in the back seat while a car rolled down a California highway,” he wrote.

Johnson spoke to two lawyers about the investigation this morning and relayed their thoughts:

“…in our discussions with two attorneys this morning with knowledge of the matter, we see problems here for TSLA. More specifically, we believe TSLA’s biggest weakness is its weak measures (which have been alleged to be intentional) to make sure the driver is paying attention (which is EXACTLY what the NHTSA is investigating) – this is the opinion of both lawyers we spoke to this morning. More specifically, in the words of one lawyer: “Whether the system is weak at detecting emergency vehicles compared to other “FSD” systems or just insufficient overall, it shouldn’t be used at all if the system is not taking appropriate steps to make sure the driver is paying attention”.

He concluded by making the case that this investigation could be the first of many dominoes to fall that could reveal Tesla’s autonomy prospects to be far worse than many have believed, resulting in exactly what we saw today: downward pressure on the stock.

Tyler Durden
Tue, 08/17/2021 – 15:20

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Don’t Excuse Biden for His Botched Afghanistan Withdrawal


49404615908_e9a810d3b2_o

President Joe Biden on Monday did something unexpected for a U.S. executive: In a press conference, he stuck by his promise to withdraw troops from Afghanistan. It’s a speech that drew plaudits from anti-war advocates and scorn from the hawks. Yet in our hyper-polarized political landscape, we sometimes forget there’s room for more than two camps, and that applies here: It is possible to champion our troop removal while criticizing the way it was done. The two are not mutually exclusive.

Biden’s address made the case against nation building and regime change wars. Though the optics are messy, his decision to pull troops was the right one, he said. The speech took several pages from the anti-war playbook—rare rhetoric in the context of recent U.S. presidents, even as the war on terror has lost support. More than two-thirds of Americans support an end to the war in Afghanistan. Biden was confident, assured, and full of humility, wrote Reason‘s Eric Boehm.

But the president failed to fully grapple with the execution, which, most notably, has seen thousands of Afghans stranded after they risked their lives to help the U.S. win an unwinnable war. 

He did mention it, however briefly. “I know there are concerns about why we did not begin evacuating civilians sooner,” he said yesterday. “Part of the answer is some of the Afghans did not want to leave earlier, still hopeful for their country. Part of it is because the Afghan government and its supporters discouraged us from organizing a mass exodus to avoid triggering, as they said, a crisis of confidence.”

That sounds fair enough: The situation is undoubtedly more complex than meets the eye. But it stops far short of explaining why, for example, 18,000 special immigrant visa (SIV) applications were languishing in a web of red tape far before the withdrawal began. That program was created by Congress to give an immigration pathway to Afghans—those who translated for U.S. soldiers and filled other critical roles in service to the Americans—knowing that they did so at risk of Taliban reprisal.

The result has been nauseating. Videos show a besieged airport in Kabul, Afghanistan’s capital, where people have been falling from the sky after trying to hold on to planes as they took flight. Afghans who helped the U.S. face near-certain death at the hands of the Taliban. Some say the Taliban is going door to door looking for traitors to the regime, and reports are already surfacing of public executions just days after the group cemented its power. One such report notes that, two days ago, an Afghan interpreter was hung in the streets, his arms severed and his Department of Defense ID card burned into his chest. Those who didn’t make it to the airport—U.S. citizens and Afghans alike—have gone into hiding as they attempt to avoid a similar fate, frantically trying to contact the American government in the hopes that someone can find them before the Taliban does. The largest news organizations are publicly pleading for the government to help rescue their people.

It’s true that some of the chaos in Afghanistan was inevitable. “It was very obvious what was going to happen,” says Max Abrahms, a professor at Northeastern University and an expert in international security. “The nation building has been a failure. The Afghan government is seen as a stooge. And over the past few years, the Taliban has been gaining ground….Withdrawing was tantamount to giving the Taliban the keys.”

But it seemed Biden was under a different impression last month when he said he had confidence the Afghan army might be able to hold its own, a sentiment echoed by many military experts. In reality, the Taliban took over in a matter of weeks, with President Ashraf Ghani fleeing the country. “I do not believe the American public understood” what the final result would be, adds Abrahms, “and I don’t blame them for not understanding that.”

But we didn’t have to leave U.S. citizens and Afghan allies in this bind. Military officials reportedly warned the Biden administration that waiting to evacuate American personnel would have dire consequences, which came to fruition. And the failure to help Afghans who assisted the U.S. military may have also come down, at least somewhat, to a political calculation. “It’s like they want the credit from liberals for ending the Trump cruelty to immigrants and refugees but they also don’t want the political backlash that comes from actual refugees arriving in America in any sort of large numbers,” said one administration official who explained Biden’s hesitancy to promptly fulfill the country’s promise—something that lawmakers have been pushing for months.

It’s important to note that, just like any issue, no one person deserves all the blame. Past administrations had years to remedy the inefficiencies of the SIV program and save Afghans before the eleventh hour. But though Biden may claim he is helpless, he is not: He could bring these Afghans into the country under a policy known as humanitarian parole, and could then proceed with vetting when they no longer have terrorists breathing down their necks.

“I think it had to do with vision,” says Abrahms. “It just doesn’t seem like there was any real planning.”

Justin Amash, the former Libertarian congressman from Michigan, sticks by his conviction that the war needed to reach its finale. “Given the state of the (former) Afghan government and army, it’s clear there was never going to be a ‘right’ time,” he tells Reason.

But what about the popular neoconservative refrain? “By this past January, we had just 2,500 troops [in Afghanistan],” wrote former South Carolina Gov. Nikki Haley. “That’s fewer soldiers than we have in about a dozen other countries today and our presence kept the Taliban in check.” 

That small presence was the result of the Doha Agreement, struck by former President Donald Trump, under which the U.S. pulled troops back from 15,500 and negotiated peace terms with the Taliban in exchange for our promise to leave by May 1 of this year. “If the U.S. occupation were further extended,” adds Amash, “it’s likely direct hostilities with the Taliban would have resumed—and then we’d probably see the president put additional troops on the ground, which would further prolong things.”

It’s a good reminder of how forever wars earned their name. But that doesn’t acquit Biden of his role in the chaos. “The Biden administration miscalculated the relative strength and will of the Afghan security forces and the Taliban, but that surprise alone can’t explain the botched evacuation efforts now underway,” says Amash. “I’m sure we’ll learn more about these failures going forward, but clearly the administration waited far too long to plan for the logistical challenges involved in processing and evacuating tens of thousands of people. This particular debacle was avoidable, even if Taliban control of Afghanistan was not.”

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6 Positive Market Months In A Row… What Happens Next?

6 Positive Market Months In A Row… What Happens Next?

Authored by Lance Roberts via RealInvestmentAdvice.com,

In this past weekend’s newsletter, I discussed the rarity of 6-positive market months in a row. To wit:

“An additional ‘red flag’ is the S&P 500 has had positive returns for 6-straight months. As shown in the 10-year monthly chart below, such streaks are a rarity, and when they do occur, they are usually met by a month, or more, of negative returns.

(It is also worth noting that when the 12-Month RSI is this overbought, larger corrective processes have occurred.)

As stated, I only went back 10-years in the chart above. Such generated several email questions asking about the number of historical occurrences over the long term.

6-Positive Market Months – Long Term

Using Dr. Robert Shiller’s long-term nominal stock market data, I calculated monthly positive returns and then highlighted periods of 6-positive market months or more.

There are several important takeaways from the chart above.

  1. All periods of consecutive performance eventually end. (While such seems obvious, it is something investors tend to forget about during long bullish stretches.)

  2. Given the extremely long-period of market history, such long-stretches of bullish performance are somewhat rare.

  3. Such periods of performance often, but not always, precede fairly decent market corrections or bear markets.

The table below shows all periods where there were 2-months or more of consecutive positive returns.

What the table shows is that nearly 40% of the time, a two-month stretch of positive performance is followed by at least one month of negative performance. Three consecutive positive months occur 23% of the time, and only 14% of occurrences stretch to 4-months.

Since 1871, there have only been 12 occurrences of 6-month or greater stretches of positive returns before a negative month appeared. In total there are just 40 occurrences, out of 245 periods of 2-months or more, the market ran 6-months or longer without a correction.

However, in every period, the run ended in at least a negative return month, but the vast majority ended with much deeper corrections.

This Time Is Different

At the current time, there is no concern about “risk” in the financial markets as the “bullish bias” remains unfettered. With the Fed still applying $120 billion a month in liquidity, investors learned the meaning of “the beatings will continue until morale improves.”

It is certainly possible the market advance can continue unabated into one of the historically lengthier stretches. The only question is when will it end, and how big of a correction will it be?

What will cause the correction is unknown? The reason is that if the market becomes aware of an issue, participants “price” that “risk” into markets. Such is why, particularly when investors are aggressively positioned in the market when an unexpected, exogenous, event occurs prices decline rapidly as “risk” gets reduced.

Such is why the market was holding up fairly well in the face of the “Pandemic” in February of 2020. However, what market participants were not prepared for, the “exogenous” event, was the complete “shutdown” of the economy.

So, whatever event causes a rush of investors to the “exits,” is not something we are currently discussing or worried about in the financial media.

Size Of The Correction

The magnitude of the correction is an easier question to answer.

Currently, the market is extremely deviated above its 2-year (24-month) moving average. Such extreme deviations are a historical rarity and have often resulted in corrections of 20% or more.

As we showed in “Past Performance Is No Guarantee,”

“This is also where investors should be paying attention to the ‘risk’ they are taking on. As shown, there are few points in history where the index, monthly, is this extended, deviated, and bullish.”

There have only been 6-previous points in history where markets were simultaneously this extended, bullish, and overbought. Each of those periods marked more historical performance peaks – 1929, 1937, 1946, 1957, 1987, 1999.

Importantly, the 72-month moving average has acted as long-term running support for the market going back to 1925. Violations of that moving average are rare and only occur during “mean-reverting” bear markets. Currently, a correction to the 72-month moving average would require a 36.5% decline.

Currently, such a correction seems unlikely given the current “bullish sentiment.” However, the same sentiment abounded in February 2020 just before the market tested that support.

Given the massive deviations from long-term means, our suspicion is that at some point we will likely again test that support in the future.

Into The Belly Of The Beast

The market is currently priced for perfection. Investors continue to disregard warnings of slowing economic growth on hopes that monetary interventions will continue indefinitely. While such could indeed be the case, that does not preclude the market from having a correction or worse.

Interest rates continue to decline sharply suggesting that economic growth is weakening rapidly. Such will lead to earnings disappointment in the months ahead at a time when valuations remain excessive on many levels.

August and September historically sport weak performance for the market for a variety of reasons. However, given 6-positive market months already, the risk of a correction has risen markedly.

The first year of a new-President also sports weak performance during the August-September period. With the “debt ceiling” approaching, the Fed potentially discussing “tapering” asset purchases, and the potential for disappointment in economic reports, there are plenty of things to “spook” markets.

The point is simply that the “risk” of a correction is now elevated.

What This Means And Doesn’t Mean

Let me repeat the following just so there is no confusion.

“What this analysis DOES NOT mean is that you should ‘sell everything’ and ‘hide in cash.’”

As always, long-term portfolio management is about managing “risk” by “tweaking” things over time.

If you have a “so so” hand at a poker table, you bet less or fold.

It doesn’t mean you get up and leave the table altogether.

What this analysis does suppest is that we should use rallies to rebalance portfolios. 

  1. Trim Winning Positions back to their original portfolio weightings. (ie. Take profits)

  2. Sell Those Positions That Aren’t Working. If they don’t rally with the market during a bounce, they will decline more when the market sells off again.

  3. Move Trailing Stop Losses Up to new levels.

  4. Review Your Portfolio Allocation Relative To Your Risk Tolerance. If you have an aggressive allocation to equities at this point of the market cycle, you may want to try and recall how you felt during 2008. Raise cash levels and increase fixed income accordingly to reduce relative market exposure.

Could I be wrong? Absolutely.

But what if the indicators are warning us of something more significant?

What’s worse:

  1. Missing out temporarily on the initial stages of a longer-term advance, or;

  2. Spending time getting back to even, which is not the same as making money.

As I noted recently in our blog on trading rules: 

Opportunities are made up far easier than lost capital.” – Todd Harrison

Tyler Durden
Tue, 08/17/2021 – 15:10

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