Elites View The World Through “Market-Colored” Glasses

Elites View The World Through “Market-Colored” Glasses

Authored by Lance Roberts via RealInvestmentAdvice.com,

It is easy to suggest the economy is booming when your net worth is in the hundreds of millions, if not billions, of dollars, or when your business, and your net worth, directly benefit from surging asset prices. This was the consensus from the annual gaggle of the ultra-rich, politicians, and media stars in Davos, Switzerland this past week.

As J.P. Morgan Chase CEO Jamie Dimon told CNBC on Wednesday the stock market is in a “Goldilocks place.” 

Of course, it is when you bank receives an annual dividend from the Federal Reserve’s balance sheet expansion. This isn’t the first time I have picked on Dimon’s delusional view of the world. To wit:

“This is the most prosperous economy the world has ever seen and it’s going to be a very prosperous economy for the next 100 years. The consumer, which is 70% of the U.S. economy, is quite strong. Confidence is very high. Their balance sheets are in great shape. And you see that the strength of the American consumer is driving the American economy and the global economy. And while business slowed down, my current view is that, no, it just was a slowdown, not a petering out.”  

Jamie Dimon during a “60-Minutes” interview.

If you’re in the top 1-2% of income earners, like Jamie, I am sure it feels that way.

For everyone else, not so much. Here are some stats via the WSJ:

The median net worth of households in the middle 20% of income rose 4% in inflation-adjusted terms to $81,900 between 1989 and 2016, the latest available data. For households in the top 20%, median net worth more than doubled to $811,860. And for the top 1%, the increase was 178% to $11,206,000.”

Put differently, the value of assets for all U.S. households increased from 1989 through 2016 by an inflation-adjusted $58 trillion. A full 33% of that gain—$19 trillion—went to the wealthiest 1%, according to a Journal analysis of Fed data.

The problem that is missed is that the “stock market” is NOT the “economy.”

This is a point President Trump misses entirely when he tweets:

“Stocks are hitting record highs. You’re welcome.”

As discussed earlier this week, 90% of the population gets little, or no, direct benefit from the rise in stock market prices.

Another way to view this issue is by looking at household net worth growth between the top 10% and everyone else.

Since 2007, the ONLY group that has seen an increase in net worth is the top 10% of the population. This is not economic prosperity. This is simply a distortion of economics.

Another example of President Trump’s misunderstanding of the linkage between the economy and the stock market was displayed in his presser on Wednesday.

“Now, had we not done the big raise on interest [rates], I think we would have been close to 4% [GDP]. And I – I could see 5,000 to 10,000 points more on the Dow. But that was a killer when they raised the [interest] rate. It was just a big mistake.” – President Donald Trump via CNBC

That is not actually the case. From 2009-2016, the Federal Reserve held rates at 0%, and flooded the financial system with 3-consecutive rounds of “Quantitative Easing” or “Q.E.” During that period average real rates of economic growth rates never rose much above 2%.

Yes, asset prices surged as liquidity flooded the markets, but as noted above “Q.E.” programs did not translate into economic activity. The two 4-panel charts below shows the entirety of the Fed’s balance sheet expansion program (as a percentage) and its relative impact on various parts of the real economy. (The orange bar shows now many dollars of increase in the Fed’s balance sheet that it took to create an increase in each data point.)

As you can see, it took trillions in “QE” programs, not to mention trillions in a variety of other bailout programs, to create a relative minimal increase in economic data. Of course, this explains the growing wealth gap which currently exists. Furthermore, while the Fed did hike rates slightly off of zero, and reduce their bloated balance sheet by a negligible amount, there was very little impact on asset prices or the trajectory of economic growth.

Not understood, especially by the Fed, is that the natural rate of economic growth is declining due to their very practices which incentivize non-productive debt. While QE and low rates may boost growth a little and for a short period of time, they actually harm future growth.

The Goldilocks Warning

While Jamie Dimon suggests we are in a “Goldilocks economy,” and President Trump says we are in the “Greatest Economy Ever,” such really isn’t the case. Despite a severe economic slow down globally, Dimon believes the domestic economy will continue to chug along with not enough inflation to push the Fed into hiking rates, but also won’t fall into a recession.

It is a “just right” economy, which will allow corporate profits to grow at a strong enough rate for stocks to continue to rise at 8-10% per year. Every year, into eternity.

This is where Jamie’s delusion becomes most evident. As shown in the chart below, since 2014, the S&P 500 index has soared to record heights, yet corporate profits for the entire universe of U.S. corporations have failed to rise at all. This is the clearest evidence of the disconnect between the markets and the real economy.

Note: It is worth mentioning the last time we saw a period where corporate profits were flat, while stock market prices surged higher was from 1995-1999. Unfortunately, as is repeatedly the case throughout history, prices “catch down” with profits and not the other way around.

Interestingly, in the rush to come up with a “bullish thesis” as to why stocks should continue to elevate in the future, many have forgotten the last time the U.S. entered into such a state of “economic bliss.”

“The Fed’s official forecast, an average of forecasts by Fed governors and the Fed’s district banks, essentially portrays a ‘Goldilocks’ economy that is neither too hot, with inflation, nor too cold, with rising unemployment.” – WSJ Feb 15, 2007

Of course, it was just 10-months later that the U.S. entered into a recession, followed by the worst financial crisis since the “Great Depression.”

The problem with this “oft-repeated monument to trite” is that it’s absolute nonsense. As John Tamny once penned:

A “Goldilocks Economy,” one that is “not too hot and not too cold,” is very much the fashionable explanation at the moment for all that’s allegedly good. “Goldilocks” presumes economic uniformity where there is none, as though there’s no difference between Sausalito and Stockton, New York City and Newark. But there is, and that’s what’s so silly about commentary that lionizes the Fed for allegedly engineering “Goldilocks,” “soft landings,” and other laughable concepts that could only be dreamed up by the economics profession and the witless pundits who promote the profession’s mysticism.

What this tells us is that the Fed can’t engineer the falsehood that is Goldilocks, rather the Fed’s meddling is what some call Goldilocks, and sometimes worse. Not too hot and not too cold isn’t something sane minds aspire to, rather it’s the mediocrity we can expect so long as we presume that central bankers allocating the credit of others is the source of our prosperity.”

John is correct. An economy that is growing at 2%, inflation near zero, and Central banks globally required to continue dumping trillions of dollars into the financial system just to keep it afloat is not an economy we should be aspiring to.

The obvious question we should be asking is simply:

“If we are in a booming economy, as supposedly represented by surging asset prices, then why are Central Banks globally acting to increase financial stimulus for the market?”

The problem the Fed and other central banks confront is that, when market levels are predicated on ever-cheaper cash being freely available, even the faintest threat that the cash might become more expensive or less available causes shock waves.

This was clearly seen in late 2018, when the Fed signaled it might increase the pace of normalizing monetary policy, the markets imploded, and the Fed was forced to halt its planned continued shrinking of its balance sheet. Then, under intense pressure from the White House, and still choppy markets, they reduced interest rates to bolster asset markets and stave off a potential recessionary threat.

The reality is the Fed has left unconventional policies in place for so long after the “Financial Crisis,” the markets can no longer function without them. Risk-taking, and a build-up of financial leverage, has now removed their ability to “normalize” financial policy without triggering destructive convulsions.

Given there is simply too much debt, too much activity predicated on ultra-low interest rates, and confidence hinging on inflated asset values, the Fed has no choice but to keep pushing liquidity until something eventually “pops.”

Unfortunately, when trapped in a “Goldilocks” economy, realities tend to become blurred as inherent danger is quickly dismissed. A recent comment from another “Davos elite,” Bob Prince, who helps oversee the world’s biggest hedge fund at Bridgewater Associates, made this clear.

“The tightening of central banks all around the world wasn’t intended to cause the downturn, wasn’t intended to cause what it did. But I think lessons were learned from that and I think it was really a marker that we’ve probably seen the end of the boom-bust cycle.”

No more “booms” and “busts?”

Thomas Palley had an interesting take on this:

The US is currently enjoying another stock market boom which, if history is any guide, also stands to end in a bust.

For four decades the US economy has been trapped in a ‘Groundhog Day’ cycle in which policy engineered new stock market booms to cover the tracks of previous busts. But as each new boom ameliorates, it does not recuperate the prior damage done to income distribution and shared prosperity.”

Well, except for those at the top, as Sven Henrick concluded last week:

“In a world of measured low inflation and weak wage growth easy central bank money creates vast price inflation in the assets owned by the few making the rich richer, but also enables the taking on ever higher debt burdens leaving everyone else to foot the ultimate bill.

There are two guarantees in life: The rich get obscenely rich, everybody else gets to carry ever more obscene public debt levels.”

That is the measured outcome of the central bank easy money dynamic that has been with us now for decades, but has taken on new obscene forms in the past 10 years with absolutely no end in sight.”

While the elites are certainly taking in the “view through market colored” glasses, the reality is far different for most.

It is true the bears didn’t eat “Goldilocks” at the end of the story, but then again, there never was a sequel either.


Tyler Durden

Fri, 01/24/2020 – 17:05

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Mosquitoes Genetically Engineered To Resist Dengue Fever

Dengue fever infects nearly 400 million people annually. It is often referred to as breakbone fever, owing to the severe muscle, bone, and joint pain it can cause. An experimental vaccine is in development, but molecular biologist Omar Akbari of the University of California San Diego and his colleagues are pursuing another approach: They have genetically engineered the Aedes aegypti mosquito that transmits dengue to be immune to all four versions of the viral disease. If the mosquitoes are immune then they cannot pass along the disease to the folks whose blood they suck.

Even better, the researchers note that the “engineered mosquitoes, in future, could easily be paired with a gene drive, capable of spreading the transgene throughout wild disease-transmitting mosquito populations and preventing further [dengue virus] transmission.” Gene drives are engineered constructs can quickly spread beneficial genes through sexually reproducing wild populations. A gene drive works by making sure that both copies of a targeted natural gene are replaced in offspring with the engineered version.

The researchers add that their strategy of spreading engineered genes through mosquito populations could also help prevent the spread of chikungunya, Zika, and other mosquito-borne viral illnesses.

For more background on gene drives, see my article “‘Editing’ Life With Gene Drives is a Great Way to Play God.”

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MSM Fawns In Sync Over Adam Schiff’s Marathon Impeachment Screed

MSM Fawns In Sync Over Adam Schiff’s Marathon Impeachment Screed

On Friday, House Democrats took a room full of Senators hostage for a third day to present their case in the impeachment trial of President Trump – dominated largely by hours of well-worn arguments by House Intelligence Committee Chairman, Adam Schiff (D-CA). 

Schiff, who oversaw months of impeachment testimony (the genesis of which his own office was involved in, and he lied about) delivered what Fox & Friends host Steve Doocy described as an “unbelievably boring” performance.

According to NY Mag, TV ratings for the impeachment trial have been dismal as well.

According to TV ratings for the first two days of the trial, the six news networks covering Trump’s impeachment averaged a little over 11 million viewers combined, with Fox News leading the pack with some 2,654,000 on their channel from 12:30 p.m. to 5:30 p.m. Viewership dropped by about 20 percent on Wednesday, with a total of 8,858,000 million watching; MSNBC led day two with 1,793,000 tuning in.

Compared to other televised political moments of historical importance, it’s a fairly weak showing. –NY Mag

Yet, as the Washington Free Beacon‘s David Rutz points out in this montage of MSM cheerleaders, Schiff is the Perry Mason of impeachment, delivering a performance which shall go unmatched in the annals of the republic.

Watch:


Tyler Durden

Fri, 01/24/2020 – 16:44

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Baltimore – A Once Great City That Is Now The Murder Capital Of America

Baltimore – A Once Great City That Is Now The Murder Capital Of America

Authored by Paul Gilbert via TheMostImportantNews.com,

Last Sunday I read an article and viewed the accompanying video of a Baltimore police Sergeant being kicked by “bystanders” as he attempted to arrest a person who, allegedly, spit in his face.

As a native Baltimorean, this incident was much more saddening to me, than shocking.

Before I continue, permit me to “cherry-pick” some personal history with the City:

Upon obtaining my Masters Degree in City & Regional Planning in 1973, I was offered and accepted a position with the City’s Planning Department. A directive from then Mayor William Donald Schaefer to develop off-street parking in the City’s “Corned Beef Row” area proved to be the pilot project of what would become a multi-agency program of Neighborhood Commercial Revitalization … that I had the good fortune of directing. Working partnerships including local businesses, neighborhood representatives and City agencies were established in a dozen neighborhoods; revitalization plans, where the City would match private investments by making coordinated public improvements, were prepared; and their implementation were visible signs of a city continuing to “heal” after the 1968 riots.

In 1980, with the Baltimore Economic Development (BEDCO), I worked on numerous projects, most notable among them was spearheading Baltimore’s efforts to attract the NAACP national headquarters. I had the pleasure of working with then NAACP President, Dr. Ben Hooks, and his staff, as I facilitated the donation of an historic building to the group, and secured a $1.1 million State grant for renovations … and the association still occupies that building in the Seton Business Park.

I eventually became BEDCO’s Executive Vice President and was witness to then City Council President Clarence “Du” Burns becoming Baltimore’s first black Mayor in 1987, after William Donald Schaefer resigned to become Maryland’s Governor. As a footnote, I had the honor of drafting “Du’s” first public speech outlining his economic and workforce development strategies for the City (just prior to my leaving for the private-sector in late 1987).

I recall convening and attending countless evening meetings in neighborhoods throughout Baltimore and rarely felt “unsafe” in my travels. Why? It was my sense that the business owners, community representatives and other City agencies were working doubly hard, with a sense of unity and determination, to bridge the differences that previously separated them, with the goal of rebuilding their communities. Mayor Schaefer’s mantra was, “Do it now!” … a philosophy involving patching potholes when they occur; picking up trash upon seeing it; and boarding up vacant houses before they were vandalized. Frankly, “Do it now!” was the forerunner of the “Broken windows theory” by about a decade.

“Do it now” had a clear impact on policing in Baltimore, as enforcement of “quality of life crimes” seemed to give Baltimoreans a sense of pride in their communities, and the fear of violent crime greatly abated … so much so that I was a volunteer in the City’s Auxiliary Police unit in the early 1980’s, and routinely did crowd and traffic control at Oriole’s games, the Inner Harbor, the City Fair … “armed” with only mace and a “nightstick” … and I even accompanied sworn officers on ride-alongs.

Beginning with the election of Kurt Schmoke as Baltimore’s Mayor in late 1987, “Do it now!” gave way to, in my opinion, “Do it never!” Many projects implemented and put in motion during the Schaefer years still stand, although many of them are shadows of what they once were; however, the spirit … some would say, the “magic” … that abounded in the Schaefer years is long gone. There will always be a success here and there, but they will be the exceptions rather than the rule.

Today, Baltimore teems with potholes, trash and vacant houses; public schools are failing its students, as only a handful are proficient in reading and math; and crime, as we saw in Sunday’s video, is out of control and, based on murders per 100,000 persons, Baltimore is the “murder capital” of the U.S. Incredibly, the City State’s Attorney, Marilyn (“This is your moment!”) Mosby, blames police rhetoric!

Baltimore is dying, and I just don’t see what can change its current dystopian environment, unless and until the remaining residents elect leaders who propose and enact policies and programs that encourage and support behavioral changes in the streets, in the schools and in the home.

Until then, when I’m asked by folks that I meet, “Where are you from,” tearfully, I’ll respond, “Central Maryland!”


Tyler Durden

Fri, 01/24/2020 – 16:25

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Mosquitoes Genetically Engineered To Resist Dengue Fever

Dengue fever infects nearly 400 million people annually. It is often referred to as breakbone fever, owing to the severe muscle, bone, and joint pain it can cause. An experimental vaccine is in development, but molecular biologist Omar Akbari of the University of California San Diego and his colleagues are pursuing another approach: They have genetically engineered the Aedes aegypti mosquito that transmits dengue to be immune to all four versions of the viral disease. If the mosquitoes are immune then they cannot pass along the disease to the folks whose blood they suck.

Even better, the researchers note that the “engineered mosquitoes, in future, could easily be paired with a gene drive, capable of spreading the transgene throughout wild disease-transmitting mosquito populations and preventing further [dengue virus] transmission.” Gene drives are engineered constructs can quickly spread beneficial genes through sexually reproducing wild populations. A gene drive works by making sure that both copies of a targeted natural gene are replaced in offspring with the engineered version.

The researchers add that their strategy of spreading engineered genes through mosquito populations could also help prevent the spread of chikungunya, Zika, and other mosquito-borne viral illnesses.

For more background on gene drives, see my article “‘Editing’ Life With Gene Drives is a Great Way to Play God.”

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Corona-Contagion Crashes Commodity/Stock Markets Worldwide, Bonds & Bullion Bid

Corona-Contagion Crashes Commodity/Stock Markets Worldwide, Bonds & Bullion Bid

As @GreekFire32 correctly mocked:

“Of all the fundamental catalysts like sliding economic growth, inflation, earnings, cash flow… the bears had to wait for a virus from humans eating bat soup to get a 1% sell-off “

A black bat or black cat spoiled the party…

Doesn’t look so bad…

“probably nothing…”

For a sense of the damage (or perhaps more of the calm we have encountered in the last few months)…

  • Shanghai Comp’s worst week in 8 months

  • S&P 500’s worst week in 5 months

  • “Most Shorted” stocks had their biggest weekly drop in 4 months

  • France’s CAC 40 worst week in almost 4 months

  • VIX’s biggest weekly spike in almost 6 months

  • HY Bond Prices worst week in almost 5 months

  • Treasury yields biggest weekly drop in 4 months

  • Yield curve’s biggest weekly flattening in 2 months

  • USD’s best week in 2 months

  • Yuan’s worst week in 4 months

  • Copper’s worst week in over 5 years

  • Oil’s biggest weekly drop in 8 months

  • Gold’s 6th weekly rise in last 7 weeks

China ended notably weaker this week (China closed on Friday for lunar new year celebration)…

Source: Bloomberg

Mixed picture in Europe this week with Germany clinging to gains while France and Spain tumbled…

Source: Bloomberg

US Equity majors were all down on the week, unable to hold the hope-filled gains…Nasdaq ended its 6-weekly gain in a row (and AAPL broke its 9 week streak)

Source: Bloomberg

Two big buy programs in the last hour did their best to lift stocks…

Source: Bloomberg

Flu-makers shot higher on the week…

Source: Bloomberg

Boeing rescued The Dow from its worst levels after the machines read FAA comments as extremely positive…

Source: Bloomberg

Managing to magically lift The Dow back above the crucial 29k level (but couldn’t hold it)…

So to clarify – The Dow rebounds on hopes that a plane which is designed by clowns, who are in turn supervised by monkeys, will fly again.

And the S&P desperately tried to get back to 3300 (but couldn’t hold it)…

Where ‘peak’ gamma is…

“Most Shorted” stocks plunged this week

Source: Bloomberg

Defensive dominated the week’s price action, despite every effort to levitate cyclicals…

Source: Bloomberg

As Dow Earnings expectations plunge…

Source: Bloomberg

VIX touched 16.00 intraday before fading…

The divergence between stocks and bond yields failed to narrow as while stocks fell, bond yields plunged…

Source: Bloomberg

Meanwhile, credit markets are getting clubbed like a baby seal…

Source: Bloomberg

Overall, an ugly week for credit and equity protection markets…

Source: Bloomberg

Treasury yields plunged their most in 4 months this week…

Source: Bloomberg

30Y Yields broke to its lowest yield since Oct 10th…

Source: Bloomberg

Yield curve flattened dramatically this week…

Source: Bloomberg

The Dollar surged to key December resistance, up 3 weeks in a row…

Source: Bloomberg

Yuan plunged on the week…

Source: Bloomberg

A big bounce back in crypto today rescued the week but there was red across the board still…

Source: Bloomberg

Commodities were wildly mixed this week with PMs bid as copper and crude crashed…

Source: Bloomberg

WTI crude futs tumbled to a $53 handle intraday today, lowest in 3 months…

And as black gold plunged, the yellow metal spiked…

This was Copper’s worst week since Nov 2014…

Source: Bloomberg

Finally, it seems the markets hate Liz Warren and don’t think Bernie stands a chance…

Source: Bloomberg

And, as a gentle reminder, everyone and their pet (edible) bat is all-in

Here’s to the weekend…


Tyler Durden

Fri, 01/24/2020 – 16:01

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“Autopilot Is A Flawed System”: Senator Ed Markey Urges Tesla To Rename Its Driver-Assistance Feature

“Autopilot Is A Flawed System”: Senator Ed Markey Urges Tesla To Rename Its Driver-Assistance Feature

While the NHTSA may not be catching on to Tesla’s Autopilot disaster, it appears at least one senator has. 

Senator Ed Markey said on Friday that Tesla should rebrand its driver-assist technologies and take “additional steps to ensure drivers pay attention to the road while using the system,” according to Bloomberg. Markey has been critical of Tesla’s driver-assist feature dating back months. 

“Autopilot is a flawed system, but I believe its dangers can be overcome,” Markey said. 

Markey also said he believes that Autopilot “promotes confusion about the limits of the system and the name undermines user manuals and instructions stressing drivers must remain in control of the car.”

Tesla has, of course, said that drivers should keep their hands on the wheel and stay attentive when using Autopilot. But, as we know, not everybody follows those recommendations.

(Source: @Keubiko Twitter)

Recall just days ago, we reported that Israel had banned the use of Autopilot. 

Israel’s Ministry of Transport and Road Safety has decided to “ground” Tesla’s Autopilot feature and has told Tesla that it must notify the country’s customers that they are not allowed to use the car’s autonomous capabilities. 

NHTSA, it’s your move.


Tyler Durden

Fri, 01/24/2020 – 15:50

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The BIA Is Behaving Badly (and Judge Easterbrook Is Not Amused)

Much of legal twitter is abuzz about Judge Frank Easterbrook’s brief yet blistering opinion in Baez-Sanchez v. Barrin which he expresses incredulity at the Board of Immigration Appeals’ apparent willingness to disregard a decision of a reviewing appeals court.

The opinion should be read for the full effect, so here it is:

Jorge Baez-Sanchez, a citizen of Mexico, is removable as a criminal alien. His conviction for aggravated battery of a police officer renders him inadmissible. 8 U.S.C. § 1182(a)(2)(A)(i)(I). He applied to the Department of Homeland Security for a U visa, which would allow him to remain in the United States. The U visa is available to some admissible aliens who have been victims of crime in this country. Baez-Sanchez asked the immigration judge assigned to his case to grant him a waiver of inadmissibility, which would allow the Department of Homeland Security to rule favorably on his visa application. A statute, 8 U.S.C. § 1182(d)(3)(A)(ii), permits the Attorney General to waive an alien’s inadmissibility. Exercising that authority, an immigration judge twice granted the request for waiver. After the initial grant, the Board of Immigration Appeals remanded with instructions to consider an additional issue. The immigration judge did so and reaffirmed her decision.

On appeal to the Board, the Department of Homeland Security contended that the immigration judge erred in finding that Baez-Sanchez had shown the extraordinary circumstances needed to justify a waiver and had abused her discretion in light of Baez-Sanchez’s criminal history and other negative equities. The Board did not address either contention. Instead, relying on Matter of Khan, 26 I. & N. Dec. 797 (BIA 2016), the Board concluded that the power to waive inadmissibility belongs to the Attorney General alone and may not be exercised by immigration judges.

On petition for review, we held that 8 C.F.R. § 1003.10(a) permits immigration judges to exercise all of the Attorney General’s powers, except those expressly reserved by some other regulation. Baez-Sanchez v. Sessions, 872 F.3d 854 (7th Cir. 2017). No other regulation withdraws from immigration judges the power under § 1182(d)(3)(A)(ii), which means that the BIA erred. See also L.D.G. v. Holder, 744 F.3d 1022 (7th Cir. 2014).

Because the Board had not addressed any other question, principles of administrative law meant that we could not do so either. See SEC v. Chenery Corp., 318 U.S. 80, 87–88 (1943). We remanded with instructions to consider two possibilities that the Attorney General had raised in defense of the Board’s decision: first, that some statute, regulation, or reorganization plan transferred to the Secretary the Attorney General’s power to waive inadmissibility; second, that the power to waive inadmissibility may be exercised only in favor of aliens who apply from outside the United States. 872 F.3d at 856–57. We added that the Board also (or perhaps instead) could “decide whether to exercise in favor of, or against, Baez-Sanchez whatever discretion the Attorney General possesses.” Id. at 857.

What happened next beggars belief. The Board of Immigration Appeals wrote, on the basis of a footnote in a letter the Attorney General issued after our opinion, that our decision is incorrect. Instead of addressing the issues we specified, the Board repeated a theme of its prior decision that the Secretary has the sole power to issue U visas and therefore should have the sole power to decide whether to waive inadmissibility. The Board did not rely on any statute, regulation, or reorganization plan transferring the waiver power under § 1182(d)(3)(A)(ii) from the Attorney General to the Secretary. Nor did the Board discuss whether only aliens outside the United States may apply for relief under § 1182(d)(3)(A)(ii). Likewise the Board did not consider whether Baez-Sanchez is entitled to a favorable exercise of whatever discretion the Attorney General retains. In sum, the Board flatly refused to implement our decision. Baez-Sanchez has filed a second petition for review.

We have never before encountered defiance of a remand order, and we hope never to see it again. Members of the Board must count themselves lucky that Baez-Sanchez has not asked us to hold them in contempt, with all the consequences that possibility entails.

The Board seemed to think that we had issued an advisory opinion, and that faced with a conflict between our views and those of the Attorney General it should follow the latter. Yet it should not be necessary to remind the Board, all of whose members are lawyers, that the “judicial Power” under Article III of the Constitution is one to make conclusive decisions, not subject to disapproval or revision by another branch of government. See, e.g., Plaut v. Spendthrift Farm, Inc., 514 U.S. 211 (1995). We acted under a statutory grant of authority to review the Board’s decisions. 8 U.S.C. § 1252(a)(1). Once we reached a conclusion, both the Constitution and the statute required the Board to implement it.

A judicial decision does not require the Executive Branch to abandon its views about what the law provides, for the doctrine of offensive non-mutual issue preclusion does not apply to the United States. United States v. Mendoza, 464 U.S. 154 (1984). The Attorney General, the Secretary, and the Board are free to maintain, in some other case, that our decision is mistaken—though it has been followed elsewhere, see Meridor v. Attorney General, 891 F.3d 1302, 1307 & n.8 (11th Cir. 2018). But they are not free to disregard our mandate in the very case making the decision. That much, at least, is well established, not only in Plaut but also in many other cases. See, e.g., United States v. Stauffer Chemical Co., 464 U.S. 165 (1984). The Solicitor General did not ask the Supreme Court to review our decision, and the Department of Justice is bound by it.

The Attorney General’s brief in this court does not defend the Board’s decision—but neither does it confess error. Instead it asks us to remand so that the Board may “address in an authoritative decision whether an immigration judge may adjudicate an application for a nonimmigrant waiver under 8 U.S.C. § 1182(d)(3)(A)(ii) in removal proceedings.” The request is bizarre. We have already held that immigration judges do possess this power, if the Attorney General himself retains it. We directed the Board to consider whether the power has been transferred by statute, regulation, or reorganization plan to the Secretary of Homeland Security. The Board chose not to address that question, and we are hardly going to remand so that the Board can write another opinion about whether we erred in construing 8 C.F.R. § 1003.10(a). That’s water under the bridge. The Attorney General contends that a new decision by the Board could be entitled to deference under Kisor v. Wilkie, 139 S. Ct. 2400 (2019), but we held that the regulation is unambiguous. An agency is entitled to reinterpret an ambiguous regulation, see National Cable & Telecommunications Association v. Brand X Internet Services, 545 U.S. 967 (2005), but cannot rewrite an unambiguous one through the guise of interpretation. Change requires rulemaking.

The only remaining question is what should happen next. After concluding that an administrative decision is flawed, a court of appeals normally must remand to the agency. See, e.g., Negusie v. Holder, 555 U.S. 511 (2009); Gonzales v. Thomas, 547 U.S. 183(2006); INS v. Orlando Ventura, 537 U.S. 12 (2002). Yet we have already remanded, only to be met by obduracy. The remand rule is designed to afford the agency an opportunity to have its say on an issue, a say that may reflect expertise and could be entitled to judicial deference. The Board had that opportunity and disdained it. Another remand would do little beside give the Board a free pass for its effrontery, while delaying the alien’s entitlement to a final decision. That’s not the goal of the remand rule. Baez-Sanchez has waited long enough.

We deem all of the legal questions settled. For the purpose of this proceeding, at least, the Attorney General retains his power to grant waivers of inadmissibility, and immigration judges may exercise that power on the Attorney General’s behalf. An immigration judge has ruled in favor of Baez-Sanchez. If the Department of Justice were contending that the immigration judge had abused her discretion, then we would remand to the Board to address that subject. But the Attorney General’s brief in this court does not ask for a remand on the propriety of granting a waiver to Baez-Sanchez, in particular. The brief the Department of Homeland Security submitted to the Board on remand similarly does not contend that the immigration judge erred, if immigration judges possess the waiver power. All of the issues in this proceeding therefore have been finally resolved, and there is nothing more for the Board to do.

The petition for review is granted, and the Board’s decision is vacated. This leaves the immigration judge’s decision in force. The Executive Branch must honor that decision, which grants Baez-Sanchez a waiver of inadmissibility so that he may seek a U visa from the Department of Homeland Security.

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6 Signs That The Market Top Has Arrived

6 Signs That The Market Top Has Arrived

While he clearly did not factor in for the slight possibility that Armageddon may have started when an unknown connoisseur ate bat soup in Wuhan, confirming that a black bat was more unpredictable than a black swan…

… Bank of America’s Michael Hartnett is starting to look at the exit signs.

Having been correct in his late-2019 prediction that the market meltup will take the S&P500 to 3,333 (however not by March 3, but rather mid-January), Hartnett summarizes the current sentiment as follows: sell-side all “melt-up bullish”, buy-side all “it’s a bit toppy” and notes that as his former bullishness is fades, he “would buy puts as SPX approaches 3,500 (PE 20x).”

To help guide BofA clients through his reasoning, here are six signals that will show when the market is topping in 2020:

  • Peak Positioning: Bull & Bear Indicator contrarian “sell” signal (>8) requires ongoing +$5bn EM/HY weekly inflows & big underperformance of US treasuries vs. HY bonds; note “sell” signals since 2002…hit ratio 12/12, median global equity peak-to-trough drop following 3 months = 9.0%; IG corp outperform global equities 7.6%; govt bonds outperform HY corp 3.5%.

  • Peak Liquidity: we calculate global central banks set to expand balance sheets by $715bn in 2020, with liquidity growth set to peak at 5.5% YoY ($879bn) in Sept’20; Fed liquidity will trail off from H2’19 $360bn, to H1’20 $133bn, and H2’20 $93bn; opportunities for Fed to signal end of liquidity spigot are FOMC Jan 29th, Humphrey-Hawkins Feb/Mar, FOMC Mar 17th; if Fed signals “Carry On Liquidity” next week then irrational bullish phase continues in Q1; watch for reversals in QE winners vs. QE losers to signal peak liquidity expectations e.g. homebuilders (XHB) vs. bank loans (BKLN – Chart 6), or private equity (PSP) vs. banks (BKX).

  • SOX 2020 in 2020: semiconductor index 22% >200dma…at peak SOX in years ’02, ’03, ’09, ’11, ’16 & ’17, average overbought level of SOX was 27% above 200dma, that’s index level of 2,006 today; SOX at 2020 in 2020 should be peak unless true bubble (TMT bubble peak SOX was 111% above 200dma, i.e. > 3,000 today).

  • FX volatility: hallmark of bubble is rising prices and rising volatility (see VIX in 1999, a classic example); in 2020, credit & equity bulls should watch cross-asset vol, particularly FX volatility currently at all-time low (Chart 7); “currencies never lie” so a quick bout of FX volatility, most obviously via much-loved EM, would be risk-off signal.

  • Bubbly bonds: since Fed QE4 began in response to repo event in Sept 17th, bond funds inflows have soared $182bn (of which $151bn into IG/HY/EM bond funds); should price momentum rollover in bond ETFs that have been huge inflow winners in past five months (VCIT, HYG, EMB, IEAC) good harbinger of peak risk assets.

  • New lows in bond yields: all the equity relatives (SPW/SPX, value/growth, US/Europe, defensives/cyclicals) show equities discounting new lows in government bond yields; reality of new lows in bond yields, and deflationary breakout of bond yield range sparks profit-taking; and should bond yields fail to break to new lows, this presents optimal 2020 entry point for investors wishing to add TIPs, EAFE, value stocks & cyclicals to portfolios.


Tyler Durden

Fri, 01/24/2020 – 15:35

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Rick Rule: Gold Is Insurance And You Want To Have Insurance

Rick Rule: Gold Is Insurance And You Want To Have Insurance

Via SchiffGold.com,

Rick Rule talked with David Lin of Kitco News at the Vancouver Resource Investment Conference. Rule is the senior managing director at Sprott Inc., and he’s bullish on gold. During this discussion, Rule explains why, touching on a range of subjects including the Federal Reserve, the trade war, the US dollar, the bond market and more.

To kick off the interview, Lin points out that gold has been rather range-bound since the price spiked in the wake of tensions in the Middle East. Rule said this is a sign of a healthy gold bull market.

Some speculators, of course,  want to see rapid escalation. Rapid escalations are usually followed by rapid de-escalation. This gold bull market is what you want to see.”

Rule said the same thing Peter Schiff has been saying. Gold is climbing a “wall of worry.”

This is a very, very healthy market that you’re seeing.”

Rule noted that there is still widespread confidence in the economy. There’s widespread confidence in currency and debt as well.

The fact that gold is doing well concurrently with the US dollar doing well is something we haven’t really seen since the year 2000.”

Peter has pointed out the similarities between what was going in the gold market in the year 2000 – the cusp of the dot-com bust – and today as well.

So, why is sentiment turning toward gold?

For one thing, real negative interest rates. That means the holding cost of gold is zero. There is no yield on sovereign debt. But more significantly, the sovereign credits themselves are not good. Rule pointed out the rapidly skyrocketing US debt.

If you don’t like the interest rate you’re being paid and you’re nervous about the credit, then you’re nervous about US government debt, and by proxy, you have to become interested in gold.”

On the topic of quantitative easing, Rule called it what it is — counterfeiting.

If you and I did it, we’d go to jail… Understand that what they’re doing is debasing the currency. They’re getting away with it because there’s a lot of faith now… The truth is the quantitative easing and the low interest rates are only forward shifting demand. When is it over? That’s a function of confidence. I don’t know when it’s over.”

Rule said the US economy isn’t great, but it’s stronger than a lot of other economies. As a result, the dollar is strong relative to other currencies. It’s not doing absolutely well, but relatively well.

As far as the trade war goes, Rule emphasized the tariffs are taxes.

They are popular politically and they make everybody poorer. China does some things better than the United States. The United States does some things better than China. And the idea that you punish your own citizens to send a message to the adversary is very, very strange.

Rule said the fact that the Phase 1 deal lowered tensions is a good thing, but it would be better to do away with them altogether.

Peter has said he doesn’t think there will be a Phase 2 deal.

Rule said gold does well during periods of uncertainty.

If we head into a circumstance in particular where people are less sure about the ongoing purchasing power of the US dollar, particularly the US dollar as expressed by the 10-year Treasury, the world’s benchmark security, I think gold will do well. And unfortunately, I think gold will do well.”

He noted that we are more than a decade into an economic recovery. Historically, that is “very long in the tooth.” Rule said he’s certain the response to an economic downturn will be a further debasement of the currency.

If more and more people see that the currency is being debased, and they also see that their bonds, their so-called safe-haven security is being devalued simultaneously, then gold should do well.

Currently, precious metals and precious metals securities make up about between 1/3 and 1/2 of 1% of the savings matrix of North American investors. In the 1980s, it was around 7%. The three-decade mean was between 1.5 and 2%. If we simply see mean reversion, the demand for gold would triple and perhaps quadruple. Rule said he thinks that happens over the next five years.

Gold occupies a place in a portfolio as insurance. And there’s no prudent speculator that wants his insurance policy to pay off. Think about it. Life insurance means somebody died. And that’s what gold’s all about. Do I wish I didn’t find myself in the circumstances I find myself in? Yes. But certainly I don’t want to be uninsured.”


Tyler Durden

Fri, 01/24/2020 – 15:16

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