Pets Are Now As Unaffordable As College, Housing, And Healthcare

Pets Are Now As Unaffordable As College, Housing, And Healthcare

Authored by Charles Hugh Smith via OfTwoMinds blog,

Like so many other things that were once affordable, owning pets is increasingly pricey.

One of the few joys still available to the average household is a pet. At least this is what I thought until I read 5 money-saving tips people hate, which included the lifetime costs of caring for a pet.

It turns out Poochie and Kittie are as unaffordable as college, housing and healthcare (and pretty much everything else). Over the course of 15 years, small-dog Poochie will set the owner back an eye-watering $17,560 to $93,520, while big-dog Fido costs $22,025 to $82,929 over 12 years.

Kittie is a relative bargain at $16,800 over 15 years.

Some estimates of responsible pet ownership are considerably lower, but non-pet owners may be surprised by 1) how many options for the care of pets are now available and 2) how many medical interventions and treatments are now available, at prices that aren’t much different from human healthcare.

Five-figure bills for pet surgeries and other care are not uncommon.

Unfortunately, pets aren’t able to tell us they don’t want any extraordinary measures taken to extend their lives, and so households may agree to procedures they really can’t afford.

Here is an excerpt from the article:

The SPCA lists the cost of pets as follows:

— Over 15 years, total costs for a small dog could run from $17,560 to upward of $93,520.

— Over a 12-year lifetime, the costs of a large dog range from $22,025 to upward of $82,929 for folks using dog walkers.

— All told, cost of cats will be at least $780 a year and $16,800 over its possible 15-year existence.

— American Kennel Club: “The average lifetime cost of raising a dog is $23,410.”

— US News: “RaisingSpot.com, which provides tips on raising a dog, suggests a dog that lives 12 years might cost you anywhere between $4,620 and $32,990.”

— Pet Place: “An indoor cat’s total estimated lifetime cost is $8,620 to $11,275.” Note: Outdoor cats live much shorter lives and thus cost less.

There’s even a pet cost calculator if you want to find the cost of your pet.

To summarize, a dog is going to cost roughly $20,000 while cats will be closer to $10,000.

Now, if you own multiple animals at the same time, not to mention several over the course of your adult lifetime, we’re talking a massive amount of money.

But… “My dog/cat doesn’t cost anywhere near that much. I pay $30 a month to feed him and that’s it.”

Uh, no it’s not. Here’s a list of expenses you just left out:

— Vaccines

— Flea/tick control

— Heartworm prevention

— Ear and dental care

— Grooming

— Food (Premium?)

— Toys

— House (fenced backyard? cleaning? etc.)

— Bowls, collar, leash/harness

— Cost of pet (if from breeder)

— Boarding

— Training

— Walking (yes, some people pay walkers)

And then there’s the big one: medical costs. This is where things get really pricey, especially toward the end of a pet’s life.

As I said earlier, how you spend your money is your choice. You simply need to realize that two dogs throughout your 50-year adulthood will run you somewhere around $150k. That’s $3,000 a year.

$3,000 a year saved and invested at 8% for 50 years equals $1.7 million.

Even if you spend ‘only’ half that amount, it’s still costing you a fortune.

Now that you understand how much your pets cost you, you can make an informed decision about where to spend and where to save.

Like so many other things that were once affordable, owning pets is increasingly pricey.

*  *  *

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Tyler Durden

Fri, 09/27/2019 – 12:15

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‘Telecontraception’ Secret-Shopper Study Shows Safety of Online Birth Control Services

Yet another study has concluded that the hoops U.S. women must currently jump through to obtain birth control are unnecessary. In “A Study of Telecontraception,” published in The New England Journal of Medicine, researchers show that it can be safe to get a birth control pill prescription through online consultation and then receive the medicine.

The researchers employed “secret shoppers” to seek birth control prescriptions online, with some indicating conditions that would make it unsafe to take certain brands or, in some cases, to take any oral contraceptive at all. The study was limited—it involved seven women, nine companies, and 63 virtual visits between October 2018 and March 2019. But the results are promising.

In almost all cases—93 percent—the providers followed the Centers for Disease Control and Prevention’s guidelines. Oral contraceptives were prescribed in just three out of 45 visits with potential red flags. That, the authors say, suggests “adherence to guidelines among telecontraception vendors may be higher than it is among clinics that provide in-person visits.”

Writing in the New England Journal of Medicine letters section yesterday, the authors—Tara Jain, Eleanor B. Schwarz, and Ateev Mehrotra, all of Harvard Medical School—define telecontraception as “the provision of contraception through a website or smart-phone app” and note that it has “recently emerged as an alternative to provision at clinic visits.” Some of their findings:

Each visit lasted a mean of 7.5 minutes, during which patients completed an online  questionnaire. Two vendors provided a video call during the visit immediately after patients completed the questionnaire. In 20 visits (32%), a follow-up interaction occurred in the form of text messaging with three vendors, a phone call with two vendors, and a video call with one vendor. Three vendors did not require patient–provider interaction. A prescription was sent electronically to a local pharmacy on the same day as the visit or mailed to the patient’s home within a mean of 7 days (range, 3 to 14 days). The mean total cost (including the initial visit and any required follow-up visits) for a 12-month prescription for an uninsured patient was $313 (range, $67 to $519).

Yesterday was also “World Contraception Day,” marked by a push to make birth control pills available over-the-counter. Activists aim to “free the pill” from doctor’s visits, prescriptions, and trips to the pharmacy. It’s a policy that many medical professionals have recommended, it could go a long way toward curbing unintended pregnancies, and it could truly expand access (not just insurance coverage) when it comes to birth control.

Emergency contraception has for years been available without a prescription. But politics and bureaucracy have prevent the same from happening with regular birth control pills.

This week the American College of Obstetricians and Gynecologists updated its 2012 recommendation to say that not just the pill but all forms of hormonal birth control, include vaginal rings and contraceptive patches, should be available over the counter.

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‘Telecontraception’ Secret-Shopper Study Shows Safety of Online Birth Control Services

Yet another study has concluded that the hoops U.S. women must currently jump through to obtain birth control are unnecessary. In “A Study of Telecontraception,” published in The New England Journal of Medicine, researchers show that it can be safe to get a birth control pill prescription through online consultation and then receive the medicine.

The researchers employed “secret shoppers” to seek birth control prescriptions online, with some indicating conditions that would make it unsafe to take certain brands or, in some cases, to take any oral contraceptive at all. The study was limited—it involved seven women, nine companies, and 63 virtual visits between October 2018 and March 2019. But the results are promising.

In almost all cases—93 percent—the providers followed the Centers for Disease Control and Prevention’s guidelines. Oral contraceptives were prescribed in just three out of 45 visits with potential red flags. That, the authors say, suggests “adherence to guidelines among telecontraception vendors may be higher than it is among clinics that provide in-person visits.”

Writing in the New England Journal of Medicine letters section yesterday, the authors—Tara Jain, Eleanor B. Schwarz, and Ateev Mehrotra, all of Harvard Medical School—define telecontraception as “the provision of contraception through a website or smart-phone app” and note that it has “recently emerged as an alternative to provision at clinic visits.” Some of their findings:

Each visit lasted a mean of 7.5 minutes, during which patients completed an online  questionnaire. Two vendors provided a video call during the visit immediately after patients completed the questionnaire. In 20 visits (32%), a follow-up interaction occurred in the form of text messaging with three vendors, a phone call with two vendors, and a video call with one vendor. Three vendors did not require patient–provider interaction. A prescription was sent electronically to a local pharmacy on the same day as the visit or mailed to the patient’s home within a mean of 7 days (range, 3 to 14 days). The mean total cost (including the initial visit and any required follow-up visits) for a 12-month prescription for an uninsured patient was $313 (range, $67 to $519).

Yesterday was also “World Contraception Day,” marked by a push to make birth control pills available over-the-counter. Activists aim to “free the pill” from doctor’s visits, prescriptions, and trips to the pharmacy. It’s a policy that many medical professionals have recommended, it could go a long way toward curbing unintended pregnancies, and it could truly expand access (not just insurance coverage) when it comes to birth control.

Emergency contraception has for years been available without a prescription. But politics and bureaucracy have prevent the same from happening with regular birth control pills.

This week the American College of Obstetricians and Gynecologists updated its 2012 recommendation to say that not just the pill but all forms of hormonal birth control, include vaginal rings and contraceptive patches, should be available over the counter.

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Indian airline passenger caught smuggling gold in his man boobs

Are you ready for this week’s absurdity? Here’s our Friday roll-up of the most ridiculous stories from around the world that are threats to your liberty and finances.

And for our Jewish readers, l’shanah tovah tikatev v’taihatem.

NBC news wants you to confess your climate sins

Bless me media, for I have sinned.

NBC news is soliciting comments from readers on how they could do more to prevent climate change.

“Even those who care deeply about the planet’s future can slip up now and then,” the website reads, “Tell us: Where do you fall short in preventing climate change? Do you blast the A/C? Throw out half your lunch? Grill a steak every week? Share your anonymous confession with NBC News.”

One man confessed to using k-cups, the individual serving plastic coffee cups, at work, and hiding this fact from his wife.

Another read, “I claimed that I’m vegan but secretly still eating chicken and I feel terrible!”

Doesn’t it feel good to confess your climate sins?

Yeah, this is definitely not a cult.

Click here for the full story.

Airline passenger caught smuggling gold in his man boobs

Customs officials at Indira Gandhi International Airport in Delhi received a tip about a passenger who had just arrived on Aeroflot flight 272 from Moscow yesterday.

Upon a thorough inspection, the customs officers found nearly $50,000 worth of gold hidden in the man’s brazier… as well as a lady’s purse that was packed in his suitcase.

This is actually an offense in India, which has completely Draconian and idiotic laws related to gold.

People in India do not trust their money; they know the government plays games with the currency, and that’s why they’ve traditionally diversified their savings into gold.

It’s so ridiculous that, in 2016, the Indian government even cancelled the 500 and 1,000 rupee notes. They thought they were combating tax fraud. But given India’s vast, unbanked population, they just ended up plunging the country into chaos.

Indian officials further screw over their citizens by heavily regulating the movement of gold into/out of India.

Key lessons: It makes sense to store some gold in a safe place overseas, away from your home country. And… never travel with gold through India.

Click here for the full story.

UK’s Labour Party wants to ban private schools

The United Kingdom’s Labour Party approved a new platform at last week’s annual conference.

The party pledged to ban private schools and “absorb” them into the public education system if they come to power in the next election.

The platform states, “the ongoing existence of private schools is incompatible with Labour’s pledge to promote social justice”.

So the plan is to nationalize private schools, and seize their assets to be “redistributed democratically and fairly across the country’s educational institutions”.

It’s the only fair way to bring down “systems of privilege”.

Click here for the full story.

Cop arrests 6 year old girl for throwing a tantrum

A six year old girl kicked someone at school while throwing a tantrum.

So the school resource officer handcuffed her, brought here to a juvenile detention facility where she was fingerprinted and had a mugshot taken.

Then they informed the family about the arrest, and allowed them to take the little girl home.

This same officer had actually arrested an eight year old boy earlier the same week. Both times he failed to get the required approval from his boss before arresting the children, and no one from the school saw fit to step in.

And no, this is not the same incident we talked about a couple weeks ago where a school resource officer handcuffed an autistic 8 year old boy.

This officer was hired to work in a school with young children, despite having previous complaints for tasing someone five times unnecessarily, and being charged with abusing his own child back in the 90s.

Click here for the full story.

Source

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Trolling Russia “Hopes” White House Refrains From Releasing Putin-Trump Calls

Trolling Russia “Hopes” White House Refrains From Releasing Putin-Trump Calls

With Democrats going all-in with a rare impeachment process  for the fourth time ever in American history — it appears Moscow couldn’t resist the opportunity to troll, while also perhaps legitimately slamming what is a deeply unusual practice in foreign relations. Ukrainian President Volodymyr Zelensky’s office is said to be bristling over the “embarrassing” release the Trump call transcript — which of course means Kremlin officials have grabbed the popcorn to sit back and enjoy the show. 

“The Kremlin says it hopes the US will not release the transcripts of Vladimir Putin’s phone calls with Donald Trump after a whistleblower claimed the White House was hiding records of the US president’s phone conversations with foreign leaders,” FT reports from Moscow.

Spokesman for President Putin’s office, Dmitry Peskov, told reporters on Friday that Russia “would of course like to hope that we won’t get to that kind of situation in our bilateral relations, which are already full of extremely serious problems.”

“This practice is fairly unusual; as a rule, materials from conversations between world leaders are usually classified secret or top secret and not published,” he said, according to an Interfax report cited in FT. 

Meanwhile Politico reported Thursday that “The White House annoyed and embarrassed Ukraine’s president by releasing his comments in a private conversation with President Donald Trump — and may have violated the Ukrainian constitution.”

Trump and and confident Putin at their Helsinki summit in July 2018, via Reuters.

Zelenskiy said in the aftermath of the transcript’s release, which he may or may not have been warned about shortly ahead of time: “I think such things, such conversations between heads of independent states, they shouldn’t be published,” according to Politico.

Media commentators fairly unanimously mocked what appeared to be the Ukrainian president’s seeming attitude of abject groveling and fawning over Trump — something which would have likely remained more hidden if he knew the whole world would later see his words. 


Tyler Durden

Fri, 09/27/2019 – 11:55

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Yuan, Stocks Slammed As US Weighs Limits On Portfolio Flows From China

Yuan, Stocks Slammed As US Weighs Limits On Portfolio Flows From China

In what appears to dismiss President Trump’s claims that a deal is a lot closer than you think, Bloomberg reports that the White House is said to support a review of investment limits for China.

Among the options the Trump administration is considering:

  • delisting Chinese companies from U.S. stock exchanges and

  • limiting Americans’ exposure to the Chinese market through government pension funds.

Exact mechanisms for how to do so have not yet been worked out and any plan is subject to approval by President Donald Trump, who has given the green light to the discussion, according to one person close to the deliberations.

Bloomberg adds that there is reportedly no timeline for a Chinese capital restriction action.

The market did not like that…

Yuan is also tumbling…

Source: Bloomberg

Alibaba shares plunged…

Trade deal odds tumble…

Source: Bloomberg

Cue – headline touting how great the deal talks are going…


Tyler Durden

Fri, 09/27/2019 – 11:40

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Betsy DeVos Threatens To Cut Funding for Duke-UNC Middle East Studies. Why Stop There?

The Duke-UNC Chapel Hill Consortium for Middle East Studies (CMES) is fighting to retain a federal grant after the U.S. Department of Education accused the group of displaying a disqualifying bias against Christianity and Judaism. While the department’s decision is a potential affront to free speech and academic freedom, it’s also a great example of why the federal government shouldn’t dole out such grants to anyone.

Education Secretary Betsy DeVos opened an investigation in July at the behest of Rep. George Holding (R–N.C.), who alleged that a recent consortium conference, titled “Conflict Over Gaza: People, Politics, and Possibilities,” was rife with anti-Israel and anti-Semitic sentiments. Holding wanted a CMES grant revoked.

In 2018, the Office of Postsecondary Education awarded CMES a four-year grant for $235,000 as part of a program meant to train U.S. students to become global leaders. Students who participated in the program told The Daily Tar Heel that they disagree with the accusations made by Holding and the Department of Education. Maggie Barkowitz, a Jewish graduate of UNC Chapel Hill who attended several events at the CMES, said that she never encountered any anti-Semitism. The focus on Islam made sense from her vantage point, as the university’s department is called the Center for Middle East and Islamic Studies⁠. She also noted that her classes weren’t biased against any particular religion.

In an August letter to the consortium, the Department of Education alleges that “most of the Duke-UNC CMES activities supported with Title VI funds are unauthorized.” Such funds should be spent only on preparing participants for roles in diplomacy, national security, international business, and education, and the Duke-UNC Chapel Hill Consortium offers “very little serious instruction preparing individuals to understand the geopolitical challenges to U.S. national security and economic needs but quite a considerable emphasis on advancing ideological priorities,” the department says. In short, CMES is too pro-Islam.

In a letter to Robert King, the Assistant Secretary of the Department of Education, the Duke-UNC CMES tried to dispel the notion that its activities disqualify it from federal assistance. “The Consortium deeply values its partnership with the Department of Education and has always been strongly committed to complying with the purposes and requirements of the Title VI program,” writes Terri Magnuson, UNC’s Vice Chancellor for Research.

Reactions have been predictably polarized. One such response came from the Foundation for Individual Rights in Education (FIRE), which argued against the Department of Education. “The federal government may fairly condition the award of funds on the satisfaction of certain criteria,” FIRE wrote in a statement, “but determining how best to satisfy grant terms that involve academic or pedagogical judgments, especially those which contain ambiguity, should remain the province of the academy.” Some of the requirements are too vague, they say, like assessing ideological “balance.”

The pro-speech group is not wrong. It is difficult to fairly measure fairness. Such judgments hinge on who is doing the judging. But if it is impossible to measure the wider social benefit of a concentrated subsidy, why are tax dollars paying for it?

We ask this question of all kinds of subsidies. Tax credits for Hollywood studios and professional sports teams are considered by economists to be a waste of money. Government subsidies for firearms manufacturers would likely offend half the country, and that’s before you take into consideration they’ve been secured by lawmakers who favor gun control! Pick a subsidy, take a poll, and you’ll find some group of people who find that subsidy offensive, useless, or otherwise objectionable.

Add our bloated national debt on top of that, and people have good reasons to question the merits of funding programs like the one run by Duke and UNC, two well-funded, untaxed, elite universities with endowments valued at $8 billion and $5 billion respectively.

Why not do away with these grants altogether? Let the market determine which programs are actually preparing the diplomats of tomorrow and encourage philanthropists to fund the programs that can’t quantify their value. This spares taxpayers the frustration of funding policies and programs they don’t like or understand and the people at CMES and other academic institutions the awful position of justifying their existence to culture-warring bureaucrats. Government, meanwhile, can and should stick to the provision of basic services.

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How $1M In Venmo Beer Donations Got Charitably Out Of Hand

How $1M In Venmo Beer Donations Got Charitably Out Of Hand

Authored by Michael Scott via SafeHaven.com,

How do you raise $1 million for charity accidentally and turn into one of the best unwitting promoters of a giant beverage company at the same time, and then witness a massive fall from grace, embarrassing all involved?

As it turns out, it’s easier than you might think thanks to social media, fintech and global streaming.

ESPN’s ”College GameDay” on September 14th between the Iowa Hawkeyes and the Iowa State Cyclones accomplished all of that in record speed: In the sea of people, one stood out, starkly: The previously unknown Carson King, a regular college football fan, holding up a sign that said: “Busch Light Supply Needs Replenished.”

He also included his Venmo username – a key ingredient for what was to come next…

By virtue of this sign, much to King’s surprise, he ultimately ended up raising over $1 million for beer and getting a lot of free, viral advertising for a payment giant and the beer king.

Less than two weeks later, after having his face even appear on Busch Light cans as an “Iowa Legend”, Busch cut ties with Carson King after the social media monster dug up old racist tweets that tarnished the unwitting charity fundraiser’s image.

Things started off in a wave of unexpected celebration for all involved.

No sooner had the game started on the 14th than King’s Venmo account started to ping out of control with notifications, quickly reaching $400. That prompted the unwitting beer beggar to consider ways to distribute those funds in a more socially responsible manner.

After speaking with his family, he decided to splurge on a single case of Busch Light and donate the rest to the University of Iowa Stead Family Children’s Hospital.

“The University of Iowa’s Stead Family Children’s Hospital does amazing work for kids and families all over the country,” King was quoted as saying at the time. “I just wanted to help them out in any way I could.”

“We can’t think — our minds are blown by all of this!” the hospital said in a tweet on Saturday. “Thank you to everyone who helped reach this milestone! We’re so grateful!

As word spread of his plans to donate the money, more people decided to contribute. Busch Beer and Venmo raised the stakes by pledging to match his contribution.

Busch is one of America’s most iconic companies, behind some of the country’s most recognized brands, including Budweiser, Bud Light, Michelob ULTRA, and Stella Artois, as well as a number of regional brands. In 2017, Busch announced a $2 billion investment in U.S. facilities through 2020. 

Venmo, a mobile payment service owned by PayPal, handled $12 billion in transactions in the first quarter of 2018. As of last year, Venmo had an estimated 7 million users, and the mobile payments app handled an estimated $50 billion-worth of transactions in 2018.

It was a free advertising flurry until a reporter at the Des Moines Register called attention to a 2011 tweet by a then-16-year-old King with racist undertones.

King has publicly apologized for the 2011 tweet, calling as „hurtful and embarrassing“.

Busch and Venmo will still honor their commitment to match contributions to the Iowa children’s hospital, but have cut ties with King.

An Anheuser-Busch spokesperson confirmed in a statement to local media:

“Carson King had multiple social media posts that do not align with our values as a brand or as a company and we will have no further association with him. We are honoring our commitment by donating more than $350,000 to the University of Iowa Hospitals and Clinics.”

King’s last-minute campaign #FortheKids has now reached over $1.4 million.


Tyler Durden

Fri, 09/27/2019 – 11:36

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Betsy DeVos Threatens To Cut Funding for Duke-UNC Middle East Studies. Why Stop There?

The Duke-UNC Chapel Hill Consortium for Middle East Studies (CMES) is fighting to retain a federal grant after the U.S. Department of Education accused the group of displaying a disqualifying bias against Christianity and Judaism. While the department’s decision is a potential affront to free speech and academic freedom, it’s also a great example of why the federal government shouldn’t dole out such grants to anyone.

Education Secretary Betsy DeVos opened an investigation in July at the behest of Rep. George Holding (R–N.C.), who alleged that a recent consortium conference, titled “Conflict Over Gaza: People, Politics, and Possibilities,” was rife with anti-Israel and anti-Semitic sentiments. Holding wanted a CMES grant revoked.

In 2018, the Office of Postsecondary Education awarded CMES a four-year grant for $235,000 as part of a program meant to train U.S. students to become global leaders. Students who participated in the program told The Daily Tar Heel that they disagree with the accusations made by Holding and the Department of Education. Maggie Barkowitz, a Jewish graduate of UNC Chapel Hill who attended several events at the CMES, said that she never encountered any anti-Semitism. The focus on Islam made sense from her vantage point, as the university’s department is called the Center for Middle East and Islamic Studies⁠. She also noted that her classes weren’t biased against any particular religion.

In an August letter to the consortium, the Department of Education alleges that “most of the Duke-UNC CMES activities supported with Title VI funds are unauthorized.” The Education Department says funds should be spent only on preparing participants for roles in diplomacy, national security, international business, and education, and that the Duke-UNC Chapel Hill Consortium offers “very little serious instruction preparing individuals to understand the geopolitical challenges to U.S. national security and economic needs but quite a considerable emphasis on advancing ideological priorities.” In short, CMES is too pro-Islam.

In a letter to Robert King, the Assistant Secretary of the Department of Education, the Duke-UNC CMES tried to dispel the notion that its activities disqualify it from federal assistance. “The Consortium deeply values its partnership with the Department of Education and has always been strongly committed to complying with the purposes and requirements of the Title VI program,” writes Terri Magnuson, UNC’s Vice Chancellor for Research.

Reactions have been predictably polarized. The Foundation for Individual Rights in Education (FIRE) argues against the Department of Education. “The federal government may fairly condition the award of funds on the satisfaction of certain criteria,” FIRE wrote in a statement, “but determining how best to satisfy grant terms that involve academic or pedagogical judgments, especially those which contain ambiguity, should remain the province of the academy.” FIRE says it’s impossible for the Department of Education to accurately measure ideological “balance.”

The pro-speech group is not wrong. It is difficult to fairly measure fairness. Such judgments hinge on who is doing the judging. But if it is impossible to measure the wider social benefit of a concentrated subsidy, why are tax dollars paying for it?

We ask this question of all kinds of subsidies. Tax credits for Hollywood studios and professional sports teams are considered by economists to be a waste of money. Government subsidies for firearms manufacturers would likely offend half the country, and that’s before you take into consideration they’ve been secured by lawmakers who favor gun control! Pick a subsidy, take a poll, and you’ll find some group of people who find that subsidy offensive, useless, or otherwise objectionable.

Add our bloated national debt on top of that, and people have good reasons to question the merits of funding programs like the one run by Duke and UNC, two well-untaxed, elite universities with endowments valued at $8 billion and $5 billion respectively.

Why not do away with these grants altogether? Let the market determine which programs are actually preparing the diplomats of tomorrow and encourage philanthropists to fund the programs that can’t quantify their value. This spares taxpayers the frustration of funding policies and programs they don’t like or understand and the people at CMES and other academic institutions the awful position of justifying their existence to culture-warring bureaucrats. Government, meanwhile, can and should stick to the provision of basic services.

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Did the President Commit Witness Tampering?

Here is the federal witness-tampering statute (18 USC 1512(b)):

Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, … with intent to —

(1)influence, delay, or prevent the testimony of any person in an official proceeding; [or]

(2)cause or induce any person to—

(A)withhold testimony, or withhold a record, document, or other object, from an official proceeding … shall be fined under this title or imprisoned not more than 20 years, or both.

Here’s what our president said yesterday, at an event for UN staffers and their families:

So the whistleblower came out and said nothing. Said: ‘A couple of people told me he had a conversation with Ukraine.’ We’re at war. These people are sick. They’re sick. And nobody’s called it out like I do. I don’t understand. People are afraid to call it out. They’re afraid to say that the press is crooked. We have a crooked press. We have a dishonest media. So now they’re devastated, but they’ll always find something. I’m sure there’ll be something they’ll find in this report that will suit their lie.

But basically that person never saw the report, never saw the call. Never saw the call. Heard something, and decided that he or she or whoever the hell it is — sort of like, almost, a spy. I want to know who’s the person that gave the whistleblower, who’s the person that gave the whistleblower the information, because that’s close to a spy. You know what we used to do in the old days when we were smart? Right? With spies and treason, right?”

I believe that his reference to “what we used to do in the old days … with spies and treason” refers to execution, which is indeed what we used to do with (convicted) spies (see, e.g., Julius and Ethel Rosenberg), though I do not believe we have executed anyone for spying since then (hence, the reference to the “old days”).

This sure looks like a prima facie case of witness tampering to me.  There is an ongoing official proceeding; we know that the whistleblower him/herself is going to be called to testify, and one can certainly expect others who were present during the July 25th call, or who had notice of the July 25 call and who might, therefore, have “[given] the whistleblower the information,” will be called to testify. The President of the United States—our chief law enforcement officer—has called these people “close to spies” and made reference to the punishment to which spies were subjected “in the old days when we were smart,” and to “treason” (a federal crime that still carries the death penalty). The effect of these comments, surely, will be to make potential witnesses think twice about providing evidence against the president (and having their identities revealed to the public and to federal prosecutors who work for the President).

The hard questions, as always in a witness-tampering case, is: Did Trump act with the “intent” to “influence” or “prevent” the testimony of these individuals? Using the ordinary (and rebuttable) presumption that a person “intends” a consequence when (a) they foresee that it will happen as a result of their conduct and (b) desire it to happen,” I think he did—though of course without more evidence (including Trump’s testimony, under oath, about what he did or did not intend, and other actions that might suggest proper, or improper, motives) one cannot be certain of that conclusion.  [That’s why it’s just a prima facie case of witness tampering at this point].

I expect, given many of the comments on my earlier postings on the Ukraine matter, that some readers will, in the face of this, continue to hold to the position that Trump has done nothing wrong. Here’s my best guess as to the arguments they will raise—and if I’ve missed any, please do set me straight in the comments.

  1. “It can’t be ‘witness tampering’ under the federal criminal code, because DOJ takes the position that the president can’t be charged with any (federal) crime.”

False. First of all, the current DOJ position is that the President cannot be charged with a federal crime while in office; if Trump were no longer the president, he could be criminally charged in connection with the Ukraine affair (or anything else).  More importantly, even though a president can’t be charged with a federal crime while in office (because, as head of the DOJ, he would in effect be acting as prosecutor and defendant in such an action), he can certainly commit a federal crime while in office.  That, of course, is the whole point of an impeachment proceeding; Presidents Nixon and Clinton were both charged with the crime of obstruction of justice, though the charge was contained not in a criminal indictment but in Articles of Impeachment.

2. It’s not “witness tampering,” because nobody’s been charged with anything at this point, and therefore there aren’t any witnesses who could have been “influence[d]” or “prevent[ed]” from testifying.

Wrong again. The statute refers to “testimony … in an official proceeding.”  An impeachment inquiry is an “official proceeding” (as is, I believe, any Congressional hearing).

3. “He was just joking—chill out! He wasn’t actually saying that the whistleblower should be executed!”

Well, that’s a harder one to deal with, I admit, especially because the President’s intent is an element of the crime.  I’m a little dubious, generally, about the “it’s a joke” defense, having heard it before, when Trump invited the Russians to hack Clinton’s server (which—coincidentally enough—began, according to various federal indictments and the Mueller Report, that very day).  And listening to the audiotape of his remarks, he certainly sounds like he’s not joking.  But again—it’s just a prima facie case we’ve got here; if Trump was joking, let him come forward, under oath, to say so.

4. “He couldn’t have intended to intimidate any potential witnesses, because he was speaking at a private event, and therefore had no reason to think that the targets of the supposed intimidation would ever hear about it.”

Again, this gets a “Maybe, but …” First off, this wasn’t really a “private” event like a family dinner or a confidential briefing by a few top aides; it was an event staged for hundreds of US employees (and their families), and it seems a bit disingenuous to suggest that Trump expected that his comments would not be made public or otherwise communicated to the officials in the White House and the Intelligence Community who were being accused of spying and treason. Furthermore, because we don’t know the identity of the individuals who were the target of Trump’s ire, and we don’t know (and perhaps Trump didn’t know) for certain that none of them were in the room.  UN Ambassador Kelly Craft, for instance, was in the room, and, as a senior official with international responsibilities, might have been the source of some of the leaked information.  So this is hardly like an offhand comment to a couple of friends over dinner; as unfortunate and intemperate as such comments might be, they wouldn’t, in that case, be directed specifically at the whistleblower or any of the whistleblower’s sources.  Here, it’s a little easier to presume—again, rebuttably—that Trump knew full well and intended that word of the threats would get to the “right” people.

As I said, perhaps some readers have other possible defenses they could proffer.  Please do—but I’d appreciate it if you could avoid discussion of the many irrelevant defenses that are simply variants of the “Fake News! Hillary’s email server! The Steele Dossier! What Biden did was worse!” etc. arguments.

 

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