Chelsea Manning’s Espionage Conviction Gets Her Barred From Australia

The former penal colony of Australia is moving to exclude whistleblower Chelsea Manning from entering the country because of her criminal record.

Manning, who was convicted in 2013 on espionage charges for leaking classified documents to Wikileaks, had been invited by the organization Think Inc. to give a series of lecture across the country, beginning with an event in Sydney this weekend.

On Wednesday the Australian government announced that it was going to deny Manning an entry visa because of her past convictions. In a letter to Manning, the country’s Department of Home Affairs said that because of her “substantial criminal record” she did not pass the character test required by the country’s 1958 Migration Act.

The Migration Act allows the government to exclude anyone who has been sentenced to more than a year in prison. That definitely includes Manning who received a 35-year sentence that was eventually commuted by former President Barack Obama.

Manning would not be the first controversial public figure barred from entering Australia for failing its character test. In 2007, rapper Snoop Dogg was denied entry to the country because of past weapons and drug convictions.

Dogg’s exclusion stoked little controversy. Manning’s however has provoked a storm of protest.

Suzi Jamil, Think Inc.’s director, has demanded Manning be allowed to enter the country, saying that “Ms. Manning offers formidable ideas and an insightful perspective which we are hoping to bring to the forefront of Australian dialogue” and has been petitioning the government to reverse course. Manning has told the Guardian that “we’ll work it out.”

Australian Sen. Richard Di Natale—leader of the Australian Greens—has asked the government to reverse course.

“To deny [Manning] the opportunity to speak to our community is unfair and unwarranted,” wrote Di Natale in a letter to the government. “It is clear that Ms. Manning is not a public figure who incites violence or hate. Her actions have always been focused on transparency and accountability.”

The controversy over Manning’s exclusion from the country comes just a few months after Australia passed a strict an anti-espionage bill that creates stiff new penalties for anyone possessing or publishing sensitive information about the country’s oversees operations. Critics have warned that the law risks penalizing not only whistleblowers like Manning, but also the journalists who receive or publish their revelations.

As someone intimately familiar with what it’s like to be on the receiving end of American espionage laws, Manning might be able to offer a valuable and unique perspective on this new law to her Australian audience were she given the chance.

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Trump Orders Pay-Freeze For All Non-Military Federal Employees In 2019

Government Worker wages rose just over 2% in the last year (while private sector workers saw wages rise over 5%), but President Trump has “determined that for 2019, both across-the-board pay increases and locality pay increases will be set at zero,” for non-military federal employees.

Well, that will hold inflation down? Weaken the dollar?

 

President Trump explains in a letter to Congress – using “emergency” policies, put in place in case of “serious economic conditions affecting the general welfare.”:

Dear Mr. Speaker:

I am transmitting an alternative plan for pay adjustments for civilian Federal employees covered by the General Schedule and certain other pay systems in January 2019.

Title 5, United States Code, authorizes me to implement alternative plans for pay adjustments for civilian Federal employees covered by the General Schedule and certain other pay systems if, because of “national emergency or serious economic conditions affecting the general welfare,” I view the increases that would otherwise take effect as inappropriate.

Under current law, locality pay increases averaging 25.70 percent, costing $25 billion, would go into effect in January 2019, in addition to a 2.1 percent across-the-board increase for the base General Schedule.

We must maintain efforts to put our Nation on a fiscally sustainable course, and Federal agency budgets cannot sustain such increases. Accordingly, I have determined that it is appropriate to exercise my authority to set alternative across-the-board and locality pay adjustments for 2019 pursuant to 5 U.S.C. 5303(b) and 5304a.

Specifically, I have determined that for 2019, both across-the-board pay increases and locality pay increases will be set at zero. These alternative pay plan decisions will not materially affect our ability to attract and retain a well-qualified Federal workforce.

As noted in my Budget for Fiscal Year 2019, the cost of employing the Federal workforce is significant. In light of our Nation’s fiscal situation, Federal employee pay must be performance-based, and aligned strategically toward recruiting, retaining, and rewarding high-performing Federal employees and those with critical skill sets. Across-the-board pay increases and locality pay increases, in particular, have long-term fixed costs, yet fail to address existing pay disparities or target mission critical recruitment and retention goals.

The adjustments described above shall take effect on the first day of the first applicable pay period beginning on or after January 1, 2019.

Sincerely,
DONALD J. TRUMP

All of which seems less than reflective of what is supposedly a sustainable 4.2% growth economy?

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Jeff Sessions Backs Asian Americans’ Discrimination Lawsuit Against Harvard

SessionsOn Thursday, the Justice Department announced its support of a lawsuit that alleges Harvard University’s admissions policies discriminate against Asian-American applicants.

Harvard has asked the court to dismiss the case before trial. In a comprehensive Statement of Interest in the case, the Justice Department persuasively argues that the court should allow the lawsuit to proceed.

The plaintiffs, Students for Fair Admissions, Inc., contend that the deck is stacked against Asian Americans in a number of ways. Since Harvard consciously discriminates in favor of black and Hispanic applicants, students who happen to be Asian need to score higher on admissions tests and earn better grades than they would otherwise. If Harvard didn’t consider race at all, Asian-Americans would constitute a much larger proportion of the student body.

Evidence has also emerged that admissions officials tend to underrate Asian-American applicants on purely subjective criteria. The Justice Department makes note of this issue explicitly.

“Direct and circumstantial evidence indicates that a driving factor in Harvard’s admissions process, the vague and elusory ‘personal rating,’ may be infected with racial bias against Asian Americans,” wrote Acting Assistant Attorney General John Gore. “A fact finder could reasonably conclude that the personal rating at worst reflects racial stereotypes against Asian Americans and at best encompasses an intentional and unexplained use of race.”

This practice calls to mind “the same kind of discrimination and stereotyping that [Harvard] used to justify quotas on Jewish applicants in the 1920s and 1930s,” said Students for Fair Admissions, Inc., in a statement.

Even if Harvard wasn’t deliberately singling out Asian-Americans and rejecting them wholesale due to perceived personality deficiencies, it’s just impossible to reach any conclusion other than the obvious one: Race-conscious admissions policies create systemic barriers to admission for certain students due to their ethnicity.

The Center for Equal Opportunity released a study this week that found Asian-Americans would constitute 43 percent of Harvard’s freshmen class if admissions were based solely on merit. But, “when nonacademic factors were included, the number of Asian admits would drop to 31% if varsity athlete and legacy status were taken into account; to 26%, if extracurriculars and the ‘personal rating’ were also added; and, finally, to 18% if race was used as a factor.”

An academic institution that expects the world to take it seriously would do well to rid itself of all non-academic criteria. But the law is only concerned with the racial aspect of admissions. The Supreme Court has permitted schools to use affirmative action, but only if they have no other means of fostering a diverse student body. In this matter, Attorney General Jeff Sessions is correct: If Harvard intends to continue systematically disadvantaging Asian-American students, it should be forced to justify this practice in court.

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Snap Slumps After Map Hack Renames New York City, “Jewtropolis”

Shares of Snap are tumbling today after reports that Snapchat suffered “an act of vandalism” temporarily relabeled New York City as “Jewtropolis” on several popular apps and services.

As The New York Times reports, users of a variety of popular apps and services, including Snapchat, awoke Thursday morning to find that New York City had been relabeled “Jewtropolis” on maps displayed in the apps. People on Twitter quickly posted screen shots of the maps, calling them racist and anti-Semitic.

Maps on Snapchat, Citi Bike, StreetEasy and even The New York Times all appeared to be affected.

All of those affected appeared to use embeddable maps from a third-party company called Mapbox. The company did not immediately respond to requests for comment, but in an interview with TechCrunch, Eric Gundersen, the chief executive, said the problems were “100 percent fixed and should have never happened.”

Shares are down almost 3%…

Snap, the parent company of Snapchat, said that the third-party data it uses for its maps tool, Snap Map, had been “subject to vandalism.”

“This defacement is deeply offensive and entirely contrary to our values, and we want to apologize to any members of our community who saw it,” a Snap spokeswoman said in an email.

Social media is aghast…

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Forget who takes the mid-terms: Here’s how to personally repeal Obamacare

If the US government doesn’t act quickly, Americans may be stuck with years more of deteriorating healthcare and skyrocketing medical bills.

Back in 2010, Congress and President Obama completely overhauled the US healthcare system with the “Affordable” Care Act (aka Obamacare). Their intention was to provide all US citizens with access to healthcare.

But, the result of government interference in markets was – surprise – rising costs and lower quality service.

Over the past several years, politicians have paid lip service to abolishing Obamacare. Even with a Republican-controlled House and Senate in 2017 and 2018, Congress couldn’t issue a repeal.

And now, US midterms elections are looming.

Obamacare stands no chance of repeal by a potentially divided Congress starting in 2019.

Fortunately for you, when it comes to healthcare policies, it doesn’t matter who takes control of Congress…

Because you can still find fantastic and affordable healthcare, even without a corporate-sponsored insurance plan. You just have to look outside the US.

As countries like the US, Canada and the UK suffer under bloated healthcare bureaucracies, more of their citizens are venturing beyond their countries’ borders for medical treatment at a fraction of the costs – so-called medical tourism.

Still, patients receive safe and first-class care from English-speaking doctors, many trained at top medical schools around the world.

For example, heart bypass surgery in the US costs well over $100,000. If you have great insurance, you’ll be fine to remain in the US. (The US healthcare system is great for wealthy patients with low deductible, comprehensive health insurance plans.)

But if you’re self-employed and without access to a large employer’s group plan, your out-of-pocket costs for this surgery may be unaffordable.

Or, you can travel to Thailand, save a fortune and recuperate in a first-class facility.

Bumrungrad International Hospital in Bangkok was the first Asian hospital to receive Joint Commission International (JCI) accreditation. JCI is the gold standard to certify hospitals and clinics worldwide.

At Bumrungrad, they offer a package deal for heart bypass surgery. The package includes the surgeon and anesthesiologist’s fees, operating room charges, routine lab tests, X-rays (if required), medications, medical supplies, pacemaker (if required) and seven nights’ accommodation, including two in the post-surgical Coronary Care Unit.

And your grand total? 690,000 baht (about $21,000 USD).

Medical tourism is not just for major surgeries.

You can also benefit from venturing abroad for preventative health or routine procedures like executive health screenings – a comprehensive physical exam with labs, electrocardiogram, stress tests, consultations with multiple specialists, etc.

Places like the Cleveland or Mayo Clinics will administer an executive exam… but, depending on your insurance, it may not cover these types of physicals.

So, you may pay $5,000 or more out-of-pocket, plus food, lodging and airfare. And you may wait in line for months, as more US patients want this service.

But, back in Thailand there’s no months-long wait and no multi-thousand-dollar price tag for an executive exam.

A screening for a 30 to 40-year-old man or woman includes: Renal function, three liver function tests, a urine test, lung and heart X-rays, an ultrasound of abdominal organs, an electrocardiogram and a few other services. Doctors, nurses and technicians will spend 3-4 hours with you.

And for this thorough exam, you’ll pay… 9,500 Thai baht or about $292 at the current exchange rate.

Even their highest-priced executive exam for women over 50 is 25,600 baht, which is $786. And this package includes all the labs and screenings as above, plus an ophthalmology exam, hearing screening, brain blood vessel check and checks for colon, liver and cervical cancers. Patients spend 5-6 hours with the medical staff.

In the US, you’re lucky to spend 15 minutes with a doctor. And as healthcare deteriorates, US wait times may rival Canada’s and the UK’s – where thousands of patients wait for months to see a specialist.

Then there’s the regulatory hurdle, which prompts individuals to seek care elsewhere. The Food and Drug Administration (FDA) erect barriers that prevent experimental (and often effective) procedures and medicines.

So, medical tourism offers you the chance to skip long medical lines, receive top care that may be unavailable in your home country and potentially save thousands of dollars.

I view medical tourism as another international arbitrage opportunity. Arbitrage is when you take advantage of a price difference between two markets.

For medical tourism, your arbitrage opportunity takes advantage of more than just a price difference. Often, it’s a quality of care difference, too.

If you’re from a nation suffering under a healthcare system that doesn’t meet your needs and expectations, why wouldn’t you explore other options around the world?

You don’t have to wait for Congress to repeal Obamacare.

With a little planning and action, you can take charge of your health, venture abroad and issue your own repeal.

Source

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The Economy: Winter Is Coming

Authored by Christopher Casey via The Mises Institute,

Fans of HBO’s hit series, Game of Thrones, know well the motto of House Stark: “Winter is Coming.” This motto warns of impending doom, whether brought on by the Starks themselves, devastating multi-year, cold weather, or something far more ominous north of the Wall.

At least since Soviet economist Nikolai Kondratieff wrote The Major Economic Cycles in 1925, recessions have been associated with winter weather. Although Kondratieff’s theories contained as much fantasy as Game of Thrones, using seasons as an analogy for the stages of a business cycle is intuitive. If spring represents recovery, and summer the peak of economic growth, then the U.S. economy may well be in autumn. All should be as wary as the subjects of Westeros (the realm of focus in Game of Thrones).

Why Winter is Coming

Few mainstream economists currently foresee a recession. They cite “strong” (a new-found, favorite term in Federal Open Market Committee minutes) economic statistics, a “healthy” stock market (despite gains highly concentrated in the so-called “FANG” stocks), and few warning signs among the “leading indicators.” But the same exact sentiment existed before the last recession. Most infamously, then-Federal Reserve Chairman Ben Bernanke stated in January 2008 – exactly one month after the recession technically began: “the Federal Reserve is not currently forecasting a recession.”

How could Chairman Bernanke have been so wrong then, and why may mainstream economists be likewise wrong today? The answer lies in their erroneous business cycle theories. Without a theory which accurately describes recessions, watching leading indicators or other signs of a slowdown are as effective as reading tea leaves. One can only predict by first understanding causality.

The Austrian school of economics explains business cycles, for it describes their phenomena (e.g., the “cluster of error” exhibited by businesses and economic actors), why they are recurring, and why they first repeatedly appeared in the 19th century (with fractional-reserve banking and/or central banks). In short, when the money supply is artificially increased, interest rates are decreased and distorted. As interest rates are a universal market signal to all businesses and economic actors, investments and purchases which previously appeared unprofitable or untenable now seem economically profitable or reasonable. However, these expenditures are actually “malinvested” relative to the natural level of interest rates. When interest rates revert to their natural level and structure, a recession ensues. Recessions are an inevitable condition which corrects malinvestments by returning capital to rightful purpose.

What causes the artificial boom to end and the winter to begin? Ludwig von Mises offered a succinct explanation:

The boom can last only as long as the credit expansion progresses at an ever-accelerated pace. The boom comes to an end as soon as additional quantities of fiduciary media are no longer thrown upon the loan market.

In the U.S., the growth rate of “additional quantities of fiduciary media” has flatlined (as represented by the red line below). The most relevant monetary metric to analyze is the Austrian definition of the money supply known as “True Money Supply” (“TMS”). Developed by Murray Rothbard and Joseph Salerno (and frequently commented upon by Ryan McMaken of the Mises Institute), TMS more accurately captures Federal Reserve activity than traditional measures such as M2. Since March 2017, it has averaged a mere expansion rate of just over 4%.

Since Austrian business cycle theory describes the impact of monetary expansion and contraction upon interest rates which, in turn, impacts the economy, are interest rates likewise signaling a possible end to the current, artificial economic expansion?

When Winter is Coming

Interest rates have certainly risen. Since breaking below 1.4% just over two years ago, the 10-year Treasury has traded with a yield close to 3.0% for the majority of 2018. But in forecasting a recession, timing and probability are better served by analyzing the structure of interest rates (known as the yield curve) rather than the overall interest rate level.

The yield curve represents a graphical depiction of fixed-interest rate security yields plotted against the amount of time until their maturity. Various methods of measuring the “flatness” of the yield curve exist, but one of the most popular is the yield on a long-dated bond (e.g., the 10-year Treasury) minus the yield on a shorter-term bond (e.g., the 2-year Treasury). Based on this methodology, the yield curve has flattened extensively over the last several years to levels last observed just prior to the Great Recession.

Historically, a yield curve which flattens enough to become inverted; that is, when short-term interest rates are higher than longer-term interest rates, a recession typically follows. An inverted yield curve possesses a unique power of predictability.

As explained by economist Robert Murphy, in foreshadowing every recession since 1950:

Not only has there only been one false positive (which even here was still associated with a slowdown), but every actual recession in this timeframe has had an inverted (or nearly inverted) yield curve precede it. In other words, there are no false negatives either when it comes to the yield curve’s predictive powers in the postwar period.

The acknowledgement of the yield curve’s prognosticative capability extends beyond Austrian school economists such as Dr. Murphy, for numerous studies – many by Federal Reserve economists – cite this phenomenon. The Federal Reserve Bank of New York, in introducing some of this research, recognizes “the empirical regularity that the slope of the yield curve is a reliable predictor of future real economic activity.”

Recognition is different from understanding as mainstream economists are largely unable to offer an explanation. However, yield curve recession signals adhere well to Austrian business cycle theory which demonstrates the importance of banks in creating money and lowering interest rates (which steepens the yield curve as most of their influence resides with shorter maturities). It is the reversal of money creation – and the impact of banks on interest rates – which causes shorter-term interest rates to rise disproportionately (the typical fashion by which the yield curve flattens).

In addition, if the artificial boom ends when interest rates are no longer artificially depressed, then it stands to reason the structure of interest rates will also revert to its natural state. A flatter yield curve comports with the natural structure of interest rates expected in a free market. The Austrian-economist Jesús Huerta de Soto described the underlying reason free markets generate flatter yield curves:

…the market rate of interest tends to be the same throughout the entire time market or productive structure in society, not only intratemporally, i.e., in different areas of the market, but also intertemporally… the entrepreneurial force itself, drive by a desire for profit, will lead people to disinvest in stages in which the interest rate…is lower, relatively speaking, and to invest in stages in which the expected interest rate…is higher.

In short, the predictive power of the yield curve is matched only by the explanatory power of Austrian business cycle theory. If it continues to flatten and invert, a recession will likely follow as the previously created malinvestments are exposed.

But rather than wholeheartedly embrace yield curve analysis, high-ranking Federal Reserve officials consistently waffle at its utilization. Like Westerosi maesters in conclave to determine the advent of winter, they frequently recognize recessions only after their onset.

Conclusion

The similarities between the climate in Game of Thrones and the state of the U.S. economy are eerily similar. Prior to the recent beginning of winter, Westeros experienced an unusually long time since the last winter. Likewise, according to the National Bureau of Economic Research, the current U.S. expansion is the second longest ever at just over nine years (110 months).

Also, just as recessions are not phenomena endogenous to free markets (but rather, as discussed above, caused by an artificial expansion of the money supply typically produced/coordinated by central banks), so too the winters in Westeros appear to be generated from an artificial, exogenous source. As protagonist John Snow explained in describing the supernatural White Walkers: “the true enemy won’t wait out the storm. He brings the storm.” The Night King is the Westerosi version of the Chairman of the Federal Reserve (with the primary difference being the Night King purposely brings about winter).

Finally, like the next winter in Westeros, the next U.S. recession may prove unusually severe by historical standards. In Game of Thrones, many characters (at least the peasants) believe this winter will be the worst in 1,000 years. Given the Federal Reserve’s unprecedented monetary machinations since 2008, the next recession may well prove worse than the last one, and potentially as devastating as the Long Night.

Approximately one year ago, speaking as confidently as a Red Priestess of R’hllor, then-Federal Reserve Chair Janet Yellen believed the next recession-driven financial crisis may be averted for at least a generation or so:

Would I say there will never, ever be another financial crisis? …Probably that would be going too far. But I do think we’re much safer… and I hope that it will not be in our lifetimes, and I don’t believe it will be [emphasis added].

You know nothing, Janet Yellen. Winter is coming.

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Brazil Central Bank Intervenes As Real Crashes Near Record Lows

The bloodbath in Argentina and Turkey is evident in Brazil also where Bloomberg reports that the central bank just intervened for the first time since June 22.

BCB reportedly intervened at 4.20 “to provide liquidity” adding that intervention intensity and frequency will depend on the market.

For now, the Real has stabilized.

Additionally, BCB will also offer an additional 30,000 FX swap contracts in auction today from 1:20pm to 1:30pm, according to a statement. Results to be announced at 1:40pm.

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DOJ Sides With Asian-Americans Against Harvard In Landmark Affirmative Action Lawsuit

The Department of Justice on Thursday lent its support to Asian-American students suing Harvard University over “personal rating” affirmative action policies they claim are discriminatory – a case with far-reaching consequences for reversing Obama-era policies “to promote diverse educational settings,” reports the Wall Street Journal

The statement of interest filed Thursday by the Justice Department supported the claims made by the plaintiffs, who have sued Harvard for allegedly limiting the number of Asian-American students it admits and holding them to a higher standard than students of other races. –WSJ

The 37-page DOJ brief filed on Thursday concludes that Harvard violated the law with the “personal rating” system, and that it has failed to demonstrate how its use of the system is narrowly tailored to suit a competing interest. 

“Harvard acknowledges that it voluntarily uses race as a factor in deciding whether to offer certain young adults admission to, and the substantial educational benefits of, its elite institution,” reads the DOJ brief. “Harvard seeks to justify this use of race to award educational opportunities as necessary to its pursuit of the ‘educational benefits of diversity.’ But Harvard has failed to carry its demanding burden to show that its use of race does not inflict unlawful racial discrimination on Asian Americans.”

“As a recipient of taxpayer dollars, Harvard has a responsibility to conduct its admissions policy without racial discrimination by using meaningful admissions criteria that met lawful requirements,” said Attorney General Jeff Sessions in a statement.

The lawsuit, originally filed in Boston federal court in 2014 by Students for Fair Admissions, has become a “closely watched battle over how one of the nation’s most selective colleges chooses who gets admitted,” and whether the university has been discriminating based on race. 

On Monday, the Ivy League school argued that the lawsuit should be dismissed because the case is founded on “invective, mischaracterizations and in some cases outright misrepresentations,” adding that the judge should rule in their favor since the lawsuit is nothing but a “litigation vehicle” to advance the ideological objectives of the plaintiffs’ group, led by Edward Blum. 

The plaintiffs allege that based on their analysis, Asian-American applicants receive Harvard’s lowest subjective personal rating scores, while consistently achieving the highest academic and extracurricular ratings of any other racial group. The personal rating is in part based on teacher recommendations, personal essays and admissions interviews, according to Harvard. 

DOJ lawyers say the personal rating reflects racial stereotypes that Asian-Americans are less “likeable,” which hurts their chances of admission

“The vague and elusory ‘personal rating’ may be infected with racial bias against Asian Americans,” the Justice Department wrote in the filing.

The government said in the filing that Harvard acknowledged it tends to score Asian-American applicants lower on the personal rating but couldn’t explain why, representing an “intentional and unexplained use of race” in the admissions process. It said the school’s practice defies Supreme Court decisions requiring schools to consider race in a “narrowly tailored” way to achieve diversity.

The Justice Department’s Civil Rights Division has also opened its own investigation into the use of race in Harvard’s admissions practices. A Justice Department official said Thursday that the investigation is still ongoing and could result in a separate lawsuit or administrative proceedings. –WSJ

In response to the DOJ letter, Harvard said they are “deeply disappointed” that the DOJ has taken the side of Blum and Students for Fair Admissions, “recycling the same misleading and hollow arguments that prove nothing more than the emptiness of the case against Harvard.” 

“This decision is not surprising given the highly irregular investigation the DOJ has engaged in thus far, and its recent action to repeal the Obama-era guidelines on the consideration of race in admissions.”

Harvard does not discriminate against applications from any group…” 

Harvard claims that their admissions process takes several factors into account besides race, including athletics, socioeconomic background, legacy status and extracurricular activities. 

Several students and alumni, meanwhile have condemned the lawsuit. 

In briefs filed in support of Harvard at the end of July, students and alumni said that they “condemn” the plaintiffs’ “attempt to manufacture conflict between racial and ethnic groups in order to revive an unrelenting agenda to dismantle efforts to create a racially diverse and inclusive student body through college admissions.” –NYT

“It’s alarming that Trump is aligning himself with anti-civil rights activist Edward Blum in this subversive attempt to say that civil rights protections cause discrimination,” said Jeannie Park – head of the Harvard Asian American Alumni Alliance. “Asian-Americans have long benefited from policies to increase equal opportunity and still do. Our fear is that Harvard’s admissions system is just the latest target in a larger fight to roll back protections for people of color in all fields, including government and business.”

The DOJ briefing marks the first time the government has weighed in with legal arguments against Harvard’s admissions practices – however as the Journal notes, “its stance was not unexpected” after the department had been signaling for months its desire to dismantle Obama-era affirmative action policies. 

Over the summer, the DOJ and Department of Education began jointly directing schools to adopt race-neutral admissions standards – reversing the Obama-era guidance encouraging the use of race to promote diversity. 

The reversal would restore the policy set during President George W. Bush’s administration, when officials told schools that it “strongly encourages the use of race-neutral methods” for admitting students to college or assigning them to elementary and secondary schools.

Attorney General Jeff Sessions said last month: 

“The American people deserve to have their voices heard and a government that is accountable to them. When issuing regulations, federal agencies must abide by constitutional principles and follow the rules set forth by Congress and the President,” Sessions said. “In previous administrations, however, agencies often tried to impose new rules on the American people without any public notice or comment period, simply by sending a letter or posting a guidance document on a website. That’s wrong, and it’s not good government.”

In its Thursday court filing, the DOJ said it had a “substantial interest” in the outcome of the lawsuit because it could affect their ongoing Civil Rights Division investigation, along with the interpretation and scope of several federal anti-discrimination laws. 

In the bigger picture, the action to rescind Obama-era guidelines comes at a rather sensitive time for the nation, following Trump’s appointment of Brett Kavanaugh for SCOTUS – a move likely to inflame a long-running national debate over the role of race in college admissions, a sensitive issue the U.S. Supreme Court has revisited on several occasions since the 1970s.

In 2016, the high court reaffirmed the practice in a 4-3 decision, but in his opinion, Justice Anthony Kennedy left the door open to future legal challenges by saying universities must continue to review their affirmative-action policies to assess their positive and negative effects.

As such, the motive behind the process to undo one of Obama’s core legacies may be to serve as a litmus test by the Trump administration to gauge just how conservative Kavanaugh will be, especially since the affirmative action guidelines are relatively innocuous.

Kavanaugh wrote in a 1999 article that “in the eyes of government, we are just one race.” 

Judge Brett M. Kavanaugh, right, with his four law clerks for 2017-2018

Sixteen prestigious US colleges supported Harvard in a July court filing, arguing that any prohibition on considering race in admissions decisions would be an “extraordinary intrusion” by the federal government. 

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California Democrats Call for In-N-Out Boycott

|||Alexey Bychkov/ZUMA Press/NewscomA new boycott has begun and this time it’s targeting beloved franchise In-N-Out Burgers.

A public filing shows a $25,000 donation from the California-based chain to the California Republican Party. Following revelations of the donation, Eric Bauman, Chair of the California Democratic Party, asked “Et tu In-N-Out?” before calling on others to boycott.

The hashtag, #BoycottInNOut, was quickly picked up by disgruntled fans who were disappointed at the donation. Others observed that the burger chain’s donation is unsurprising—the firm is based in Irvine, California, which is part of the heavily Republican Orange County. One Twitter user, who said they would not join the boycott, wrote, “Of course they like the CA GOP, they proselytize on all their food with hidden [Bible verses].” (In-N-Out places discreet Bible verses on its packaging.)

The burger chain has also made donations across the aisle. Fortune found that campaign finance filings show a 2017 donation of $30,000 and a 2018 donation of $50,000 to Californians for Jobs and a Strong Economy, a political action committee that provides support for business-friendly Democrats.

Earlier in the month, Joseph Curtatone, the Democratic mayor of Somerville, Massachusetts, promised to never drink Sam Adams beer again after founder Jim Koch thanked President Donald Trump for tax reform. Curtatone accused Koch of profiting off “Trump’s white nationalist agenda.” Koch’s thanks came with an explanation for how lower taxes poised American beers for better international competition.

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Buffett Buys More Apple Stock Because iPhone Is “Enormously Underpriced” To World’s 3rd Richest Man

Warren Buffett is currently in New York City to dine with the winner of his annual lunch auction – the winner paid $3.3 million for the opportunity to pick Buffett’s 88 year-old-brain at Smith & Wollensky on his birthday – and spoke to his favorite TV anchor, CNBC’s Becky Quick.

The usual topics were covered, including that “stocks are always better than bonds” (and when they aren’t, if you are a billionaire the government will simply bail you out) and even said that “we’re buying stocks this morning”

Buffett also said he would rather give up private jet than his cell phone, which also led Buffett to disclose that he has bought even more shares in Apple, because of its buybacks devoted customers, adding to his stake in the company by “just a little” since his last regulatory filing.

“They’ve got to keep having the product that this huge clientele regards as indispensable,” Buffett said. For customers, “the iPhone is enormously underpriced” compared with the utility it offers. Of course, when you are the world’s third richest man, everything is “enormously underpriced”…

Berkshire has been piling into Apple, increasing the company’s stake to 252 million shares as of June 30, making the investment worth more than $50 billion with Berkshire now the 3rd shareholder in Apple. Buffett’s also boosted his holdings in Goldman Sachs, Delta and Southwest Airlines in the second quarter.

Buffett also said that Berskhire bought back some of its shares as the company changes the metric it uses to decide when repurchases are a good move; while Buffett did not disclose how much stock Berkshire bought back, he did confirm that he has changed his views.

“We bought back a little yeah,” he told CNBC’s Becky Quick during a “Squawk Alley” interview. “We tie it now to intrinsic business value, which we should have done all along but for a while book value was a good proxy. It didn’t fully describe intrinsic value .. and it was a reasonable proxy.”

In his latest annual letter, Buffett said he would consider buybacks as a strategy to deploy what was then a $116 billion cash pile. The company’s standard had always been to do repurchases when the company’s stock hit 120 percent of book value; both the class A and B shares are currently at 150 percent. One can debate whether BRK is underpriced: Berkshire’s B shares are up 6.1% year to date, lagging the S&P’s 8.8% increase. 

Buffett stressed that decisions are not based on near-term thinking about what the stock is doing but rather on the best long-range strategy for investors: “What really counts is what are the businesses worth along with the securities we own, and if it’s at a discount to that figure Charlie (Munger) and I will buy, and we bought some.”

Buffett also talked some smack about Elon Musk, commenting on the Tesla CEO’s tweeting that “I don’t think it’s helped him a lot.”

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