Central Bank Monetary Policy Enables Us To Put Off Real Reforms

Submitted by Charles Hugh-Smith of OfTwoMinds blog,

This cycle of entrenched interests protecting their skims and scams via central bank monetary policy is self-liquidating.

I finally figured out that the core purpose of central banks' monetary policy is to enable vested interests to avoid desperately needed reforms in the real economy.This might have been blindingly obvious to others, but I finally caught on to the dismaying reality: the only purpose of central bank monetary policy is to keep the bloated, corrupt, inefficient and self-liquidating vested interests of the state-cartel crony capitalism from having to suffer the consequences of real reforms.
 
Japan ably serves as Exhibit #1 of this core dynamic. The broad narrative in Japan is a template for state-cartel crony capitalism everywhere: after World War II, the system of state-managed cartels was re-instated with modest structural changes. The Central State and bank enabled the expansion of export-sector cartels–an expansion that followed the classic S-Curve of expansion, maturity and stagnation with great precision:
We can grasp just how sclerotic and fixed this system is by asking: how many of Japan's top 20 electronics hardware corporations entered the top 20 after 1946?The answer: none.
 

Indeed, Abenomics can be properly understood as a last-ditch effort by the state and central bank to avoid the structural reforms Japan desperately needs to adapt successfully to the realities of the 21st century. Alas, these structural changes– loosening the grip of quasi-monopolies and cartels, writing down unpayable debts, freeing up the labor market, ending the completely arbitrary skims and scams of the entrenched interests currently protected by the Central State–will necessarily crimp or destroy the fat profits these interests have skimmed since 1946.

 

As a result, the political resistance to meaningful reform is immense. A few of these rigid skims are described inVoodoo Abenomics: Japan's Failed Comeback Plan (Foreign Affairs):
 
To lift productivity, Japan needs serious structural changes to promote creative destruction, the process of replacing decaying firms with vibrant ones. The sectors of Japan’s economy that face international competition, such as the auto industry, enjoy high productivity. But the lion’s share of the economy is domestically oriented, and much of it is shielded from both international and domestic competition by domestic regulations and cartel-like business practices.
 
Japan’s milk market isn’t even open to domestic competition. The powerful farm cooperative known as Japan Agriculture uses its stranglehold on distribution to protect inefficient farmers in the main part of Japan by hindering shipments of milk from the larger, more efficient farms in the northern island of Hokkaido. Tokyo turns a blind eye because Japan Agriculture is a powerful electoral ally of Abe’s political party and because rural voters are disproportionately represented in the Diet. A real reformer would scrap Japan Agriculture’s exemption from the Antimonopoly Act, a law passed in 1947 designed to encourage competition, and use the act to crack down on such practices.
 
The net result of protecting cartels and fiefdoms by lowering interest rates to zero and flooding the financial sector with "free money" is social depression, characterized by the erosion of employment, and a hollowing out of the economy's core strengths:
 
Since Japan’s rigid labor laws make it nearly impossible to lay off permanent employees in downtimes, companies now tend to fill open slots with part-time or temporary workers, and they typically pay them a third less. Today, 17 percent of Japanese men aged 25 to 34 hold such second-class jobs, up from four percent in 1988. Low-paid temps and part-timers now make up 38 percent of Japanese employees of all ages and both sexes — a stunning figure for a society that once prided itself on equality.
 
Trying to "fix" a sclerotic, inefficient state-cartel economy by boosting inflation is another self-liquidating path to destruction:
 
Since 1997, wages in Japan have fallen by nine percent in real terms. They are expected to continue falling, despite highly advertised wage hikes by a few hundred giant firms whose profits from overseas sales have been artificially boosted by the weaker yen. Abe claims that wages will rise once workers and firms come to expect inflation. In reality, deflation is not the cause of Japan’s problems but a symptom. Trying to cure Japan’s malaise by generating inflation is like trying to cure a fever by putting ice on the thermometer.
 
Examples of this same dynamic abound in Europe, the U.S., Korea, China, Russia–in effect, every nation with a state/central bank pursuing monetary policies that protect entrenched interests from pressures to reform.
 
In the U.S., we need look no farther than higher education, sickcare and national defense for state-cartels systems operating to benefit vested interests. The Federal Reserve's policies of zero-interest rates (ZIRP) and free money for financiers have enabled these corrupt, self-serving, parasitic sectors to maintain their skims and bloated cost structure–but at the cost of hollowing out the economy and increasing the risk that the financial Ponzi scheme will collapse in a heap of leveraged phantom assets.
 
Now the latest scheme being proposed to dodge the needed reforms is to distribute free money from central banks directly to households. In other words, now that all these bloated, corrupt, inefficient cartels are no longer affordable, the central bank will save the day by issuing free money, backed by the creation of debt.
 
This cycle of entrenched interests protecting their skims and scams via central bank monetary policy is self-liquidating: every nation that pursues this "fix" will find its economy liquidated by financial implosion and the hollowing out of productive sectors to support crony-capitalist unproductive sectors.
 
The author's conclusion is true not just of Japan but of every nation from Greece to the U.S. to China that is trapped in the self-liquidating cycle of protecting its entrenched elites, cartels and fiefdoms:
 

Japan will eventually reform and revive. Its tragedy is that it is filled with smart, ambitious, creative individuals who are trapped in once vibrant but now ossified political and economic institutions.




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Ukraine: U.S. Troops Coming Next Week. Report: Russian Drones on Front

Today the Pentagon announced that U.S. troops
will be in Ukraine next week training with NATO allies.

From the
Associated Press
:

200 U.S. soldiers will participate in an exercise in western
Ukraine starting next week. It would be the first presence of
American ground troops in Ukraine since the crisis with
Russian-backed separatists began.

The annual exercise, called Rapid Trident, involves forces from
15 nations and will not involve live firing of weapons. A Pentagon
spokesman, Col. Steve Warren, said it will be a peacekeeping
exercise with training through Sept. 26 in convoy operations,
patrolling and methods of countering improvised explosive devices,
or IEDs. …

 The Pentagon also announced it has delivered more
non-lethal aid to the Ukrainian military, including helmets,
explosive ordnance disposal robots, sleeping mats, jackets, radios,
body armor and first-aid kits.

Whether this sort of aid is ultimately helpful is questionable.
“In a pure armed conflict, Russia will beat Ukraine 100 times out
of 100,” explains
Russian policy expert Mark Adomanis. “The only way Ukraine can win
is if it isn’t purely military.”

Speaking from Estonia, President Barack Obama today
called upon
NATO, which is hosting a summit in Wales tomorrow,
to make “concrete commitments” to protect Ukraine against Russia’s
“brazen assault.”

Ukrainian President Petro Poroshenko said that Putin today
agreed to a cease-fire, but a Kremlin aide was quick to
amend
that “Russia cannot agree on a cease-fire as it is not a
participant in the conflict.” Either way, Ukraine’s prime minister
calls Putin’s plan “deceptive,” as it involves Ukraine withdrawing
troops of its war-torn eastern regions.

Although Russia maintains that it is not responsible for the
war, the Organization for Security and Co-operation in Europe,
which has an Observer Mission (OM)
on the front

observed a clear reversal in the flow of people crossing the
border (more people exiting the Russian Federation into Ukraine).
The OM observed an increased military activity principally of
unmanned aerial vehicles (UAVs) in the vicinity of the Border
Crossing Points. The OM heard considerable artillery detonations
from the Donetsk Border Crossing Point.

And, hundreds of mothers of Russian soldiers are demanding
to know what has happened to their sons. Russian media yesterday
reported that Russia’s
entire 76th Pskov Airborne Division was killed
in Ukraine.

France has cancelled
its sale of two warships to Russia, citing its aggression against
Ukraine.

And, in related news, the de facto leader of Crimea installed by
Russia since it invaded and annexed the peninsula from Ukraine has
said some truly worrisome things about homosexuals:  “We
in Crimea do not need such people.”

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Icahn, Soros, Druckenmiller, And Now Zell: The Billionaires Are All Quietly Preparing For The Market Drop

"The stock market is at an all-time, but economic activity is not at an all-time," explains billionaire investor Sam Zell to CNBC this morning, adding that, "every company that's missed has missed on the revenue side, which is a reflection that there's a demand issue; and when you got a demand issue it's hard to imagine the stock market at an all-time high." Zell said he is being very cautious adding to stocks and cutting some positions because "I don't remember any time in my career where there have been as many wildcards floating out there that have the potential to be very significant and alter people's thinking." Zell also discussed his view on Obama's Fed encouraging disparity and on tax inversions, but concludes, rather ominously, "this is the first time I ever remember where having cash isn't such a terrible thing." Zell's calls should not be shocking following George Soros. Stan Druckenmiller, and Carl Icahn's warnings that there is trouble ahead.

 

Billionaire 1: Sam Zell

On Stocks and reality…

"People have no place else to put their money, and the stock market is getting more than its share. It's very likely that something has to give here."

 

"I don't remember any time in my career where there have been as many wildcards floating out there that have the potential to be very significant and alter people's thinking," he said. "If there's a change in confidence or some international event that changes the dynamics, people could in effect take a different position with reference to the market."

 

"It's almost every company that's missed has missed on the revenue side, which is a reflection that there's a demand issue," he said. "When you got a demand issue it's hard to imagine the stock market at an all-time high."

 

He also lamented about how difficult it is to call a market top. "If you're wrong on when, that's a problem." His answer: "You got to tiptoe … and find the right balance."

 

"This is the first time I ever remember where having cash isn't such a terrible thing, despite the fact that interest rates are as low as they are," he added.

 

On Obama and inequality…

"Part of the impact of these very, very low interest rates is that we've creating this disparity. The wealthy are benefiting from government policy and the nonwealthy aren't," he continued. "So we have a president who says we've got to fight this disparity and we have a Fed who's encouraging it everyday."

On Tax Inversion…

"This is both legal and accepted. If the government doesn't like the result, change the law," he said. "You have to have a rational tax policy." He said the top tax rate should be changed and the U.S. should not tax worldwide income.

Zell also said it's unfortunate that "this inversion thing has been captured as a political, electioneering item."

Source: CNBC

* * *

Billionaire 2: George Soros

Soros has once again increased his total SPY Put to a new record high of $2.2 billion, or nearly double the previous all time high, and a whopping 17% of his total AUM.

*  *  *

Billionaire 3: Carl Icahn

Ironically, Carl Icahn – poster-child of the leveraged financial engineering that has overtaken US equity markets on the back of Central Bank largesse – told CNBC that he was "very nervous" about US equity markets. Reflecting on Yellen's apparent cluelessness of the consequences of her actions, and fearful of the build of derivative positions, Icahn says he's "worried" because if Yellen does not understand the end-game then "there's no argument – you have to worry about the excesssive printing of money!"

 

*  *  *

Billionaire 4: Stan Druckenmiller

Simply put, Druckenmiller concludes, rather ominously, "I am fearful that today our obsession with what will happen to markets and the economy in the near term is causing us to misjudge the accumulation of much greater long term risks to our economy."

*  *  *

And here the BIS explains broken markets so easily, even a Janet Yellen can get it:

Financial markets have been exuberant over the past year, […] dancing mainly to the tune of central bank decisions. Volatility in equity, fixed income and foreign exchange markets has sagged to historical lows. Obviously, market participants are pricing in hardly any risks.

Growth has picked up, but long-term prospects are not that bright. Financial markets are euphoric, but progress in strengthening banks’ balance sheets has been uneven and private debt keeps growing. Macroeconomic policy has little room for manoeuvre to deal with any untoward surprises that might be sprung, including a normal recession.

*  *  *

So now we have a quorum of billionaires and the BIS all flashing warning signals…




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Give a Panhandler a Buck, Get Ticketed by San Antonio Cops

A panhandler asks for a dollar or a bite to eat,
you casually pass him a buck or a sandwich, and you…get cited by
a cop with nothing better to do? That’s the plan in San Antonio,
Texas. The police chief there, William McManus, reportedly got a
warm reception from the city council when he pushed for a law
criminalizing small acts of kindness.
From MySanAntonio
:

SAN ANTONIO — A little act of charity — giving a buck to a
panhandler — could soon become illegal in San Antonio.

Police Chief William McManus told the City Council’s Public
Safety Committee Wednesday that he is working with the City
Attorney’s Office to craft an ordinance that would give the police
the authority to cite those who give cash to panhandlers…

The draft ordinance is expected to include language that would
make it illegal to both give money and to give food to
panhandlers.

Panhandling is already illegal in San Antonio—as it is in other
control freaky communities, like
Flagstaff, Arizona
, which went through the
bother of banning the practice a second time
after the old law
was ruled unconstitutional.

San Antonio then goes to the supply side of the equation,
banning folks who might want to share a little largesse with the
homeless, whether in cash or sustenance. Unfortunately, the city
isn’t exploring uncharted territory. Punishing pastors,
organizations, and individuals for feeding the less fortunate has
become a
popular practice
around
the country
. Sometimes, officials twist existing regulations
into knots to get it done, such as jamming up a Birmingham, Alabama
preacher because he lacked a food truck permit for his rolling soup
kitchen.

Other times, as in the planned San Antonio, ordinance, they ban
charity itself.

San Antonio officials are considering “dozens
of measures
” intended to reduce “quality of life” crimes. One
of the other planned restrictions is a ban on renting motel rooms
for fewer than 12 hours at a time to make it more difficult for
prostitutes to do business. So the voluntary exchange of sex for
cash is apparently not considered an acceptable alternative to
begging (or giving) a few bucks or a sandwich with nothing expected
in return.

That perfect world they’re looking for must be just one more law
away.

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Cops Storm Texas High School to Investigate Miscarriage ‘Suspect’

It’s
hard to say what’s most disturbing about this
tale from a Texas high school
. Certainly, a fetus found in a
girl’s restroom is one cause for alarm. But the way local law
enforcement handled the situation is even more chilling. 

The cops were called to Dallas’ Woodrow Wilson High School last
Friday afternoon, when a custodian found a the fetus in a
second-floor student bathroom. At the time, police had no idea
about the identity of the mother, nor what happened to her
pregnancy. But considering that miscarriage
is incredibly common
and self-induced abortions in the school
bathroom are not, the former explanation seems like a fairly good
place to start.

The Dallas cops, however, saw things differently. They showed up
a Woodrow Wilson High ready to Fight Crime—one student
reported
seeing a police helicopter on the scene. 

“Police have been saying all along whoever’s responsible for
this is being considered a suspect,”
said KDFW reporter Brandon Todd
in broadcast Friday evening.
“The child abuse division is heading up the investigation. However,
they do hope the mother will come forward on her own.” 

Why would she come forward on her own when the police
immediately pegged her as a criminal? And while we’re asking
questions—is anyone surprised that the cops had things wrong?

Our “suspect” was eventually identified and—whattaya know?—she
suffered a miscarriage. Police have “spoken to all involved” and
the matter
is no longer considered a criminal case
, a spokesperson for the
Dallas Police Department said Tuesday.

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In Bankrupt Argentina CDS Auction, Barclays Buys Whatever JPM Has To Sell; Citi Goes For The Hail Mary

It has been a while since Creditex ran a CDS settlement auction of any note for two reasons: CDS no longer is a credible or legitimate method to hedge against default risk (see Greece, Banco Espirito Santo), thus making the stated purpose of CDS irrelevant, and when the default carries with it systematic risk ISDA will simply screw over CDS-holders and change terms whenever it sees fit following a few politically-connected phone calls, at which point good luck collecting on your “insurance.” Which is why the just concluded Argentina CDS settlement auction following its bankruptcy last month, was a welcome reminder of what markets looked like in the BC (Before Central-planning) era.

The headline results were as expected: with the restructured bonds trading modestly over 40 cents, the final price on the CDS settlement was 39.5, with most dealers submitted markets between 38 on the bid side and 42 on the ask.

 

What was more interesting is who the biggest buyers and sellers were.

First the buyers: according to Markit, there were a total of $113 million buy physical requests, offset by $17 million in sell request, leaving a total limit order book of $96 million. Curiously, of this the vast majority was Barclays, which had just under $100 million in bond bids it needed filled. As a reminder, since the dealers intermediate end clients, it is impossible to determine if it was Barclays (i.e., its prop desk) itself that needed the collateral, or its clients. In any event, Barclays wanted it some Argentina bonds…

… and it got them courtesy entirely of JPMorgan. As the table below shows, in the reverse dutch auction, the limit orderbook was filled entirely by JPM which sold 1.9 million at 39.25 and 96.03 million at the clearing price of 39.50.  In other words the entire auction was basically Barclays buying whatever bonds JPM had to sell as a result of residual non-offsetting CDS exposure.

Finally, and as always happens at these reverse dutch auctions, there is always someone who is hoping the counterparties are either idiots, or super squeezed, and will buy bonds at any price. That someone this time was Citi, which would have been delighted to sell 80 million in bonds at a price of 55, with 50 million at 99 cents! Of course, had anyone filled that offer, Citi would have made an automatic 50+ cents per bond with no risk.

Sadly for Citi, there were i) no idiots and ii) no supersqueezed countparties in this auction, which is why JPM, with its far more realistic clearing offer of 39.50 walked away with the cash, and Barclays got all of its bonds. Better luck next time Citi.




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Citi Warns Every FX Trade Is The Same Carry Trade Now

In Citi’s Steven Englander’s latest note, he notes that every major FX trade in place right now is a carry trade in one form or another, differing only in their scope and in the risk they entail. This has 5 significant implications…

 

Via Citi,

This note argues that every major FX trade in place right now is a carry trade in one form or another, differing only in their scope and in the risk they entail.  Consider the following trades that encompass the vast majority of FX trades in place:

1)      In Asia, long CNH, short USD

 

2)      In G3, long USD, short EUR and JPY

 

3)      In G10 long AUD and NZD, short G3

 

4)      Globally, long EM, short G3

In the short term, we think 2) remains the most robust because acutely disappointing economic outcomes will likely induce ECB and BoJ action.  If anything, FX moves are lagging moves in vol-adjusted carry.  Fear of more aggressive Fed tightening is the likely driver of higher volatility but this would push spreads further in favor of the USD, offsetting some of the impact of higher volatility. Hence, these carry trades are not as vulnerable as 3) or 4) to Fed-induced volatility. However, we saw earlier this year that long USD against EUR and JPY is sensitive to generalized position unwinds, at least temporarily.
 
On a 2-4 month horizon 3) and 4) are the  most vulnerable because we expect investors to become much less certain that the Fed pricing pace will be as shallow as the market now expects (link), and they would be hit doubly by any backing up of volatility.  We look to payrolls and FOMC this week and next as potential triggers for an unwind of these trades, but we think there will be more sensitivity once QE is ended and the unemployment rate falls below 6% — most likely in early November.
 
 
Five implications:

a.       Yield advantage is the driver in all these trades, and the yield advantage is often at multi-year highs when adjusted for volatility

 

b.      All these trades have enormous sensitivity to a run-up in asset market volatility (except possibly 1)

 

c.       Long high-beta EM and long AUD, NZD in G3 trades suffer the most on a vol spike

 

d.      EM currencies have further to fall against USD than EUR and JPY to rise against USD in the event of a vol spike

 

e.      The trades are all highly dependent on policymaker intentions – 1) depends on Chinese policymaker tolerance of CNH appreciation and positioning, 2) on explicit easing measures by the ECB and BoJ, 3) and 4) exist only if the Fed normalization path is extremely shallow.

The Trades in detail…

1) Long CNH, short USD

The baby carry trade is in  Asia, where  the perceived low-risk, low-return carry trade is long CNH,  short USD. During my recent Asia visit this was by far the most prevalent trade held by investors and seems to be the default trade for those uncomfortable with EM or G3.
 
Figure 1 shows the 3-mth CNY  less USD rate differential, divided by USDCNH 3-mth implied vol.  This ratio exceeds 1 and is hard to resist when vol-adjusted rate differentials in G10 are typically far less than 0.5.  Moreover, Asian investors feel that Chinese policymakers remain committed to providing stimulus and will not shock investors by pushing the CNY fix in the opposite directions.

2) Long USD, short EUR and JPY

The G3 version of the carry trade is long USD, short EUR or JPY. In Figure 2 we see the US minus japan, 10year yield differential adjusted for USDJPY implied volatility. Note the spike in vol-adjusted carry earlier this year. Even with a pullback from the peak, the current vol-adjusted yield differential is the highest since 2007. The last time the vol adjusted yield differential was this wide, USDJPY was trading in a 110-115 range so there is still some room for JPY weakness, and even more if US yields begin to back up while Japanese yields stay in place.

Embedded in the recent JPY weakness is some expectation that the BoJ will ease policy. With JGB yields almost at all-time lows and JPY under pressure, it looks as if investors are more focused on the BoJ than cancellation of the second sales tax hike. The current level of Citi’s Economic Surprise Index for Japan is at a lower level than at the worst in 2008-2009 (Figure 3).

The ESI is mean reverting almost by construction (it would take an accelerating death spiral in an economy to make the ESI non-stationary). That does not mean that every move is equivalent. The ESI could increase because economic performance outstrips expectations, which presumably would be a JPY positive. It could also increase because expectations dropped sufficiently to match continuing dismal performance. That downward revision to expectations would probably be JPY negative.
 
On the EUR side, vol-adjusted rate differentials are at their highest in 15 years. Moreover, based on the relationships of the last few years, the current vol-adjusted yield spread looks consistent with EURUSD at parity (Figure 4).  Moreover, even the convergence trade has disappeared – only Italy, Greece, Portugal and Slovenia 10-yr sovereign yields are higher than in the US, and for Italy only by a couple of basis points.
 
Bottom line is that there is a mini-carry trade within G3 that is driving USD against EUR and JPY.  It is policy dependent because further policy moves are probably 40-50% priced into JPY and EUR yields, but the trade remains attractive because the EUR and BoJ are increasingly likely to ease further and the risk on the Fed is that it surprises on the aggressive side.

3) and 4) Long high-beta carry, short G3

CitiFX’ s positioning indicator (Figure 5) provides a good summary of the state of positioning play: i) long USD, but primarily versus G10; ii) long EM;  iii) long commodity currencies (green); iv) long APAC and High Yield (purple); v) short G5 ex US.

Figure 6 gives an indication of why investors are so enthusiastic about EM and high yielders in general. Vol-adjusted spreads for Brazil and South Africa are close to the post-2007 highs. Vol-adjusted spreads for NZD are at similar highs, but at far lower levels, comparable to USD vs. EUR. By contrast vol-adjusted spreads for Australia versus the US are at the low end of recent experience, so there may be some sensitivity if Australian data weaken.

*  *  *
Isn’t everything the same trade now?




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Mentally-Disabled Men Sent to Death Row 30 Years Ago By World’s “Deadliest Prosecutor” Found Innocent

Two North Carolina men who were convicted of the brutal rape and
murder of an 11-year-old girl in 1983 were exonerated yesterday
after new DNA evidence proved their innocence. 

The men, Henry Lee “Buddy” McCollum and Leon Brown, are
stepbrothers. McCollum, 19 at the time of the crime, was sentenced
to death and spent 30 years on North Carolina’s death row, making
him one of the longest serving death row prisoners in the state.
Brown, 15 at the time of the crime, was also sentenced to death but
was later retried and sentenced to life in prison. Both men are
considered
mentally disabled
—McCollum’s IQ is between 60 and 69 and
Brown’s IQ is 49.

Recent DNA testing of a cigarette butt found near the scene of
the crime implicated convicted rapist and murderer Roscoe Artis,
who lived a few hundred feet from the field where the body of the
11-year-old victim, Sabrina Buie, was found. Artis is currently on
death row in North Carolina for the
rape and murder of 18-year-old Joann Brockmann
—a crime he
committed less than a month after McCollum and Brown were arrested.
Despite the fact that both murders were carried out in a similar
way (both girls were raped, asphyxiated, and left in fields),
within a month of one another, and in a town of roughly 4,000
people, Artis was never even considered as a suspect in the Buie
murder.

No physical or forensic evidence tied either McCollum or Brown
to the crime, either. Instead, their convictions were largely based
on confessions written by police, which the men signed. In
recent video
interview
with Raleigh’s The News & Observer,
McCollum said, “I just made up a story and gave it to them so they
would let me go home.”

According to the Innocence Project, roughly
30 percent of defendants exonerated by DNA evidence
gave false
confessions, falsely incriminated themselves, or pled guilty to
crimes they did not commit.

Both men later recanted their confessions and said they were
coerced. At his trial, McCollum
recanted his confession 226 times
.

The prosecutor on the case, Joe Freeman Britt, who was once
listed in Guinness World Records as the “deadliest prosecutor”
after winning 46 death row cases.
Known for his theatrics in court
, Britt famously held the
courtroom in a silence for five minutes during McCollum and Brown’s
trial to emphasize how long it took Buie to suffocate.

McCollum and Brown’s innocence was proven only after the
North Carolina
Innocence Inquiry Commission
, a state agency established in
2006 “to investigate and evaluate post-conviction claims of factual
innocence, decided to take on their cases.

Before then, McCollum and Brown’s guilt was never questioned.
Indeed, McCollum was even
used as an example
by United States Supreme Court Justice
Antonin Scalia to justify the death penalty. In 2010, the North
Carolina Republican Party sent around
campaign mailers containing McCollum’s mug shot
before the
state’s general election, attacking state Democrat’s support for
the Racial Justice Act.

Now retired, Britt
told The News Observer last Friday
he still has no
doubts over the men’s guilt. “You find a cigarette, you say it has
Roscoe Artis’ DNA on it, but so what? It’s just a cigarette, and
absent some direct connection to the actual killing, what have you
got? Do you have exoneration? I don’t think so,” said the man whose
prosecution relied solely on confessions written by police and
signed by mentally disabled teenagers.


Defense attorneys say
McCollum was the last person prosecuted
by the “deadliest prosecutor” who remained on death row.

According to
The New York Times
, McCollum and Brown’s release from
prison “provided one of the most dramatic examples yet of the
potential harm from false, coerced confessions and of the power of
DNA tests to exonerate the innocent.” I’d go a step further and
argue their innocence (or at least McCollum’s) demonstrates, once
again, just how broken the death penalty is in the United States.
Isn’t it time for it to
just die already
?

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Federal Judge Upholds Louisiana Ban on Gay Marriage, Says ‘Traditional Authority’ Must Trump ‘Lifestyle Choices’

In a decision issued today in the case of
Robicheaux
v. Caldwell
, Judge Martin Feldman of the U.S. District
Court for the Eastern District of Louisiana ruled that Louisiana’s
ban on gay marriage does not violate the U.S. Constitution and in
fact is a rational means of advancing the state’s “traditional
authority” to regulate marriage. To recognize gay Americans as a
class of citizens entitled to heightened judicial protection in
equal protection cases, Judge Feldman declared, “would distort
precedent and demean the democratic process.”

Judge Feldman’s ruling draws heavily on the principles of
judicial deference, which hold that the courts should rarely
invalidate the judgment of the elected branches of government and
should instead grant lawmakers the benefit of the doubt in most
legal disputes. “This national same-sex marriage struggle,” he
wrote, “animates a clash between convictions regarding the value of
state decisions reached by way of the democratic process as
contrasted with personal, genuine, and sincere lifestyle choices
recognition.” According to Judge Feldman, gay marriage advocates
should stop pressing their case in court and turn instead to
achieving social change “through democratic consensus.”

Today’s ruling is the first federal court decision against gay
marriage since the U.S. Supreme Court struck down portions of the
federal Defense of Marriage Act in 2013. An appeal is expected.

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School Bans Dangerous Activity Known as ‘Doing A Cartwheel’

CartwheelA
school in Australia has banned cartwheels unless the are performed
under the supervision of a trained physical education teacher. The
reason? What else? “Safety issues,” which could be the code
word for “liability issues,” or “insurance issues,” or actual
concern about the safety of a joyful activity probably as
old as humanity itself. (Why, this Australian school’s attitude is

positively American
!)

The
Sunshine Coast Daily
obtained a copy of the letter that
Peregian Springs State School sent to parents: 

Deputy Principal Sandy Cathcart published this message on the ban in a recent school newsletter.

Ah, be “safe and healthy,” she says. As if kids frolicking on
their own could not be either of those things.

free-range-kidsI’m happy to report
that some parents are outraged, at least. To them and to anyone
else facing this situation, I suggest a “cartwheel-in.” It’s like a
sit-in, but I think you can guess how I’d like the protesters to
arrive at the school.

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