Why Can’t Psychedelics (and Other Drugs) Just Be for Fun?: Podcast

In a career spanning 30 years, Reason Senior Editor Jacob Sullum has been one of the most insistent voices in favor of “pharmacological freedom,” the right of individuals to use whatever substances they want to control, modulate, and change their mind, emotions, and moods. In the latest issue of Reason, Sullum reviews Michael Pollan’s popular new book on psychedelic drugs and boldly asks the question, “Who Controls Your Cortex?” The answer, he says, is the individual.

In a wide-ranging and personal conversation, I talk with Sullum about the immense changes in drug policy over the past quarter-century, why the marijuana legalization movement has succeeded, and what the future holds for less-popular and more-potent substances such as MDMA (ecstasy) and psilocybin as they gain various forms of government approval as “legitimate” medicines. We talk frankly about our own experiences and how, as parents, we talk about legal and illegal drug use with our children. Sullum is the author of 1998’s For Your Own Good, a history of the anti-smoking movement, and 2004’s Saying Yes: In Defense of Drug Use.

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Audio production by Ian Keyser.

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Inside the Crazy History of North Korea’s Kim Dynasty: New at Reason

Kim Jong UnTelevision critic Glenn Garvin sits down with three generations of North Korea’s nutty Kims as they’re examined by National Geographic’s Inside North Korea’s Dynasty:

The Kim storyline, sometimes insanely funny and sometimes just plain insane, makes Inside North Korea’s Dynasty irresistible. Its analysis is sometimes lightweight, its reporting sometimes sketchy. It is certainly not the best documentary ever made about North Korea. But when gazing in dumbfounded awe at its footage of Kim 3’s miniskirted all-girl rock band prancing around on stage like a collection of nuclear-tipped Nancy Sinatras while a film of nuclear holocaust plays in the background … well, who cares?

Assembling an impressive library of archival clips to match its interviews with everybody from Kim 3’s personal chef to one of Kim 2’s assassins (she blew a South Korean airliner out of the sky; death toll, 115), Inside follows the two-thirds-of-a-century-and-counting course of what it calls “the world’s first communist hereditary monarchy.” (Those pikers, the Castro brothers, were nearly a decade later in getting started.)

View this article.

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Big Changes for Birth Control Rules—But Not Big Enough

There’s a lot to unpack in the government’s new rules regarding birth control, health insurance, and personal ethics. Issued this week and slated to take effect in January, the rules revise Obama-era directives on the now-notorious contraception mandate and are very similar to draft rules released in October 2017.

Lawsuits quickly followed that first Trump-administration attempt at a revision. By the end of last year, two federal judges had temporarily blocked enforcement of the changes.

The new “Final Rules on Religious and Moral Exemptions and Accomodation for Coverage of Certain Preventive Services Under the Affordable Care Act”—issued jointly by the departments of Health and Human Services (HHS), Treasury, and Labor—differ from the earlier rules “in technical ways,” say the departments in a November 7 statement.

The good news is that rules respect religious freedom without veering into ideology on their own accord. (You can ignore the outrage peddlers trying to portray the changes as some sort of religious fundamentalist plot.) They set up more consistent and expansive protections for people with religious or moral objections to birth control. And they should stop the onslaught of lawsuits against HHS from objecting employers.

“The Trump administration inherited dozens of lawsuits filed against HHS by organizations with sincerely held religious or moral objections” to the Affordable Care Act’s contraception mandate, says the HHS/Labor/Treasury statement. It notes that Obamacare “did not require contraception coverage in health insurance,” merely the coverage of certain to-be-determined “preventive services,” and that it exempted grandfathered-in plans from even this broad requirement.

It was in 2011 that federal regulators defined preventive services to include all FDA-approved contraception methods, meaning all employer-sponsored health insurance plans were required to cover them at no point-of-sale cost to the insured. An exemption was offered to churches, religious orders, and religious auxiliaries with doctrinal opposition to some or all forms of contraception.

Religious nonprofits could not get a total exemption but could apply for an “accomodation.” This entailed notifying the government of their objection to offering health plans with contraception coverage, at which point the government would arrange for the health insurer or another third party to provide the coverage. After the Supreme Court’s 2014 ruling in Burwell v. Hobby Lobby Stores, this accomodation was extended to closely held for-profit organizations, too.

Democrats feared that a Republican-controlled Congress and the Trump administration would kill the contraception mandate entirely. But the new rules offered last year and their 2018 update both leave the mandate mostly intact while carving out more and broader exceptions.

Under the first new rule, churches, religious orders and auxiliaries, nonprofit and for-profit organizations, non-public institutions of higher education, and “other non-governmental employers with religious objections” are allowed to opt out “on the basis of sincerely held religious beliefs.” Insurance issuers can also opt out if all of the companies they provide plans to are also exempted. And individuals can opt out of being insured by a plan that includes contraception coverage to the extent that their employer and insurance issuer are willing to provide another option.

Under the second new rule, all of the above except publicly traded businesses can get an exception based on “non-religious moral convictions opposing services covered by the contraceptive mandate.”

In either case, the accomodation is available, but it is also “voluntary, at the option of the entity,” the departments explain. “That is, an otherwise exempt entity can elect to take advantage of the accommodation, which would provide contraceptive coverage to its employees and their dependents,” but does not have to.

That brings us to the bad news: A lot of women could lose any insurance coverage for contraception. HHS and company estimate that the changes “may affect the coverage of approximately 6,400 women,” and could impact up to 127,000 women.

Thousands of women losing coverage for contraception is no good, even if you don’t think that the solution is forcing others to subsidize the service. Less access to or use of contraception means more unintended pregnancies, and more unintended pregnancies means more of all sorts of negative outcomes.

Liberal activists have been objecting to the changes by doubling down on the insistence that all employer-sponsored health plans must offer contraception coverage. But there’s a third way, one that doesn’t dictate that employers violate religious principles or ethical convictions but also helps ensure low-cost access to at least some forms of birth control for people whose health insurance doesn’t cover it (as well as for the many women without health insurance or those who need access to it without a spouse or family member knowing): The FDA could allow hormonal birth control pills to be sold over the counter.

Over-the-counter contraceptive pills would both drive down costs and increase ease of access for women regardless of whether they’re insured. And in conjunction with the repeal of other unnecessary regulations about how birth control can be prescribed and obtained, all sorts of new services and venues that make obtaining birth control easier could flourish. (Emergency contraception, one of the most contested forms of birth control among those with religious objections, is already available without a prescription in the U.S.)

Freeing birth control pills from prescription-drug status is an idea that people across political factions (and the American College of Obstetricians and Gynecologists) have backed in the past. Hopefully, the new contraception-mandate rules will finally lay to rest the years of fighting over this issue, which ultimately affects a very small minority of American women, and start us working toward solutions that expand contraception access for all.

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Civil Rights Groups Sue To Block Trump’s Asylum Crackdown

As was widely expected, a coterie of civil rights groups are suing to block President Trump’s order making it illegal for migrants to declare asylum anywhere but designated border crossing points. The lawsuit, brought by the ACLU, Southern Poverty Law Center and Center for Constitutional Rights, was filed in the same US district court in Northern California that helped block the first two iterations of President Trump’s temporary ban on immigrants from a handful of Muslim majority nations.

Trump

Here’s more from the Hill.

In a complaint filed in the U.S. District Court for the Northern District of California on Friday, the American Civil Liberties Union, Southern Poverty Law Center and Center for Constitutional Rights allege that the Trump administration is violating immigration law as well as the federal statute that governs the way administrative agencies can issue rules.

“President Trump’s new asylum ban is illegal,” Omar Jadwat, director of the ACLU’s Immigrants’ Rights Project, said in a statement.

“Neither the president nor his cabinet secretaries can override the clear commands of U.S. law, but that’s exactly what they’re trying to do. This action undermines the rule of law and is a great moral failure because it tries to take away protections from individuals facing persecution — it’s the opposite of what America should stand for.”

President Donald Trump issued an order on Friday to halt asylum claims made by people who illegally cross the US border with Mexico, a move that he had telegraphed well in advance. The decision, which was made in response to the caravans advancing toward the US’s southern border from central America, was previewed on Thursday night.

The new policy is set to take effect at 12:01 am on Saturday and will affect anybody who crossed the border outside of an official point of entry. The policy change is intended to discourage illegal immigration, as many migrants cross the southern border from war-torn Central American countries with the intention of declaring asylum, only to illegally remain in the country while they await their hearings.

 

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Goldman Calls It: “Stocks May Be About To Enter A Sustained Bear Market”

Two months ago we reported that according to Goldman’s bear market indicator, the risk of a market crash dead ahead was higher than before the dot com bubble burst in 2000 and ahead of the 2008 global financial crisis, or as Goldman puts it, “our Bull/Bear market indicator is flashing red.”

Fast forward two months, and one market correction later, and Goldman’s mood has only gotten worse, not helped by the brutal market action of October, which saw many assets hitting a bear market, and the S&P falling on 16 of the 23 trading days while, collectively, equity markets across the world shed around $5tn of market cap.

To Goldman strategist Peter Oppenheimer, “the obvious question now is whether this has marked the start of a bear market more broadly, or if it is a less entrenched, albeit sharp, correction from which markets will quickly recover.” And, as he concedes, “things do not look encouraging” as three factors suggest that “equities could be about to enter a sustained bear market”:

  • First, the growth/inflation mix is turning against equity returns.
  • Second, a sharp decline is often followed by a bounce.
  • Third, the GS Bear Market Risk Indicator is at elevated levels

Goldman tackles these key “bear market” risks one at a time, starting at the top:

1. The growth/inflation mix is turning against equity returns:

The problem here, stated simply, is that the global economy which had seen a significant boost from record loose financial conditions in 2017 and was further buoyed (particularly in the US) by the fiscal boost, is starting to lose momentum. Goldman economists’ 4Q estimate for growth has already slowed to 2.6%, well below the prior two quarters. Worse, looking ahead, as a result of the tightening of financial conditions and the prospects of diminishing support from fiscal policy is likely to result in the US economy slowing to a year-on-year rate of 1.75% by 4Q 2019.

As Exhibit 1 shows, the interest rate rises in the US economy over the past couple of years have been offset by very strong growth. As we move forward in time, the balance between growth and inflation deteriorates.

Coupled with tighter financial conditions, the impact of US trade tariffs and rising oil prices have slowed global growth momentum, Openheimer writes and shows in Exhibit 2 that there is a reasonable relationship between global growth momentum indicators such as PMIs and equity returns year over year. Exhibit 3 shows that there is also a close relationship between growth momentum and the performance of Cyclicals relative to Defensives. Interestingly, in both cases the market moves would seem to have overshot the existing macro data, suggesting that further growth deterioration has been priced in to some extent

* * *

2. A sharp decline is often followed by a bounce: 

Around the top of a bull market, we often see slightly higher volatility and a peak followed by a correction, and then another peak. We have seen corrections twice this year: in January and then again in October. Bear markets do not tend to occur in straight lines. There is nearly always a bounce after the initial decline, providing investors with another opportunity to reduce risks if there are sufficient signals at the time to suggest a further decline is likely. The profile of the average bear market (starting in the post-war period and using US data) is shown in Exhibit 4.

The next exhibit shows an average profile, with the range of experiences in the blue shaded area. However, this is an oversimplification because the period over which the bounce occurs does vary, and sometimes the market has a correction and then a rally even before the actual peak (1987 and 2007 are examples) according to Goldman. On most other occasions the market correction comes after the peak; this tends to be followed by a bounce as the market recovers towards the peak before reversing again. But the common factor in all cases is that, with the exception of 1998, a correction and bounce can be clearly observed. Exhibit 5 shows this experience for each of the US bear markets since 1960.

As Oppenheimer explains, the average decline in the first correction is 9% over 2 months but the average bounce after that is almost as large over a further 2 months, before an eventual further decline of 34%. In reality, the final sharp down-leg of the bear market rarely comes in one straight line; it could also have a number of rallies along the way, although these are typically not as strong as the initial bounce and do not take the market close to previous highs. What can explain the initial bounce? There are generally two explanations:

  1. Late in the bull market investors are unclear about small corrections; they often perceive them as buying opportunities and are worried about missing such opportunities to increase returns.
  2. The bounce usually comes before there is any real ‘confirmation’ in the hard macro data that the initial correction is justified. When data start to confirm the justification for an initial market decline, prices tend to fall back further. Interestingly, EPS on average tends to start to fall 5 months after the peak of the market (although, as we discuss later, there is a wide variation around this).

The risk, to Goldman, is that from these levels the market enjoys a short-term rally but this becomes a signal to sell rather than buy the market.

The risk is further compounded, because as Morgan Stanley recently warned, after 11 years, BTFD no longer works.

The GS Bear Market Risk Indicator is at elevated levels

As we reported in September, Goldman recently constructed a bull/bear indicator based on the common pattern of a number of variables around the peak of previous bull markets. Goldman found that many bull market peaks were associated with a combination of conditions based on five factors: the labour market, growth momentum, valuation, term structure of the yield curve and inflation.

In summary, the very low levels of unemployment (particularly in the US) scored as a high risk in the index. This is because low unemployment is normally associated with rising wages, margin pressure and tighter monetary policy. Also, every post-war US recession has been preceded by only modest rises in unemployment from very low levels (a third of 1%). Very strong growth momentum (measured by the ISM as an example) also flags as a risk. Of course, strong economic activity is generally a good thing for equity markets. However, very strong activity is typically followed by slower growth which, when combined with other factors (in particular much higher interest rates), can weaken equity prices. The third stretched factor on many metrics was valuation. High valuations in isolation do not provide much of a timing signal for investors but, again, when combined with other factors can indicate risks of a correction or possible bear market.

Goldman aggregated these variables in a signal indicator, and took each variable and calculated its percentile relative to its history since 1948. What it found is that, heuristically, the odds of a bear market at this moment, are in the 73% percentile.

The aggregate Bear Market Risk Indicator shows the average of these factors. Historically, when the Indicator rises above 60% it is a good signal to investors to turn cautious, or at the very least recognise that a correction followed by a rally is more likely to be followed by a bear market than when these indicators are low. By the same token, when the Indicator is very low, below 40% (as was the case in 1975, 1982 and 2009), investors should see any market weakness as an opportunity to buy.

As shown below, the risk of a bear market has almost never been greater.

So where are we now? As Oppenheimer puts it simple, “The signal is red.

What does a high indicator mean?

According to Goldman, the average return on US equities in any 12-month period since the 1950s has been 9%. Exhibit 9 shows what average forward returns have been conditional on the level of our Bear Market Risk Indicator. If the indicator is very low, at <20%, then on average equities enjoy returns of 20-25% over the next 12 months. But once the indicator rises to 40-60% then the average return becomes close to the longer-term average of c.9% over 12 months.

What if the indicator is high? Above 60% and 12-month subsequent returns do tend to fall. We are currently at 73% and this is consistent historically with zero average returns over the next 12 months. Of course, there is a large range around this. Moreover, this tends to give the impression of a flat market, whereas it could be anything but flat – a good deal of volatility with various drawdowns could still be consistent with zero returns over the year.

Exhibit 10 shows the maximum drawdown over the following 2 years conditional on the starting point of our Bear Market Risk Indicator (the vertical orange lines show what the indicator would be using the US Shiller P/E as the valuation variable or the simple P/E ratio).

At the current level of Goldman’s Indicator, the maximum drawdown has been about 15% historically. This, by the way, is as close as Goldman will ever come to telling its banking clients to get out of stocks.

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Trump Blasts Barack After Michelle Unloads On President

President Trump fired back at the Obamas, ahead of their book tour, following Michelle’s comments that she will “never forgive” Trump for the “xenophobic” ‘birther’ claims that her husband was not actually born in America.

In excerpts from her memoir “Becoming” obtained by The Washington Post,

“The whole thing was crazy and mean-spirited, of course, its underlying bigotry and xenophobia hardly concealed,” the former first lady writes.

“But it was also dangerous, deliberately meant to stir up the wingnuts and kooks.”

“What if someone with an unstable mind loaded a gun and drove to Washington? What if that person went looking for our girls? Donald Trump, with his loud and reckless innuendos, was putting my family’s safety at risk. And for this I’d never forgive him,” she continues.

As The Hill reports, the book, which is set to release Tuesday, details the first lady’s early life in Chicago all the way through to her time as first lady, and includes her feelings of shock and disbelief following Trump’s election in 2016.

But, as Mediaite.com reports, President Trump – as is his way – was not taking this lying down. During a Friday morning pool spray at the White House, Trump was asked about Michelle Obama’s comments. His reply?

I guess she wrote a book. She got paid a lot of money to write a book. And they always insist you come up with controversial. Well, I’ll give you a little controversy back. I’ll never forgive [Barack Obama] for what he did to our United States military. By not funding properly, it was depleted. Everything was old and tired. And I came in and I had to fix it.”

Trump added, “So I’ll never forgive him for what he did to our military. I’ll never forgive him for what he did in many other ways — which I’ll talk to you about in the future.”

We suspect – given the timing of Michelle’s 10-city book tour that is scheduled to kick off Tuesday in her hometown of Chicago – this little feud is far from over…

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College Offers Safe-Space For Students To “Process, Stressful” Midterm Election Results

Authored by Celine Ryan via Campus Reform,

Students at an Illinois college received an email on Tuesday offering “extra support and resources” for those struggling to “process” the 2018 midterm election results.

Three Elmhurst College offices informed students that there would be increased support on campus during the “stressful time” of midterm elections, according to an email obtained by Campus Reform

“Our staff will have open office hours to provide a space to process the outcomes of the elections,” Elmhurst’s Office of Diversity & Inclusion, Office of Student Involvement, and Office of the Chaplain said in the email.

“We will also have coffee, cider, hot chocolate, and some treats to offer you,” they continued.

“We hope that you will join us if you need some extra support and resources throughout the day.”

The school invited those unable to make the 9 a.m. to 4 p.m. office hour window to a separate “space to process election results” held by the Elmhurst’s Spiritual Life Council at 5 p.m. Wednesday.

“I think it’s pretty cool that the school gives people a place to go and get information on the election,” Elmhurst student Tramaine Franklin told Campus Reform.

Following the election of President Donald Trump in 2016, students at the University of California-Irvine gathered for a “group cry” where they proclaimed their “solidarity” with “marginalized communities” in response to Trump’s win.

More recently, professors at Mississippi State University went as far as to cancel classes for a “moment of silence” to honor the women who accused then-Supreme Court Justice nominee Brett Kavanaugh of sexual assault. At least one of Kavanaugh’s accusers has since admitted that it was “just a ploy,” USA Today reported.

Campus Reform reached out to Elmhurst and the offices involved for comment but did not receive one in time for publication.

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California Teachers Unions Oppose Paying Teachers More Because It Would Introduce Too Much Competition Into Public Schools: New at Reason

If you’re looking for a stellar example of teachers’ unions ongoing commitment to mediocrity or worse, then you need only look at their reaction to now-defeated California GOP gubernatorial candidate John Cox’s idea last month of paying top-notch teachers much higher salaries—perhaps even rivalling those earned by ballplayers and rock stars.

The unions, of course, pan the idea. One union official told The Sacramento Bee that “education should not be a competitive endeavor.”

Cox seemed to suggest in a statement to the newspaper that he engaged in some hyperbole: “Of course our teachers will never approach the pay of a Beyonce or a Lebron, but quite frankly, our classroom teachers influence, inspire and change the arc of more lives than even these music and athletic superstars.”

His idea of instituting a form of merit pay makes a lot of sense. Despite the naysaying, every successful enterprise is, to some degree, competitive.

Merit pay is a simple concept. It allows school administrators to pay good, effective teachers more than mediocre or poor-performing teachers. It allows signing bonuses and performance-based rewards. The obvious corollary is that it also allows them to pay bad or incompetent teachers lower salaries. In a truly competitive educational model that goes beyond this simple idea, school officials could even—get this—demote, discipline, or fire teachers who aren’t making the grade. That’s how it works in almost any private business, and even private schools.

In the current public-school system, however, pay is based on seniority. A school teacher who has been just occupying a chair for decades, must be paid better than a young go-getter. A teacher who is willing to ply his or her skills in a tough, low-performing urban school must be paid the same as a teacher on autopilot in a wealthy suburban district, where the challenges are less severe and the stakes not as high. It means that good teachers cannot be rewarded. Great teachers cannot easily be recruited. Grossly ineffective teachers cannot easily be removed. And mediocre ones have few incentives to improve. Imagine how this system would work in your particular profession or business, writes Steven Greenhut.

View this article.

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Micheal Cohen Gives Prosecutors “Evidence” Implicating Trump In Campaign Finance Law Violations

It has been quiet, too quiet, for the almost three months since President Trump’s former personal attorney Michael Cohen flipped, pleading guilty to campaign finance violations and other charges, saying he made payments to influence the 2016 election at the direction of a candidate for federal office, potentially delivering a legal blow to the president.

As we detailed at the time, Cohen, 51, who agreed to a plea bargain with federal prosecutors earlier in the day, pleaded guilty to eight counts total, including five counts of tax evasion and one count of making a false statement to a financial institution. He also pleaded guilty to one count of making an excessive campaign contribution on Oct. 27, 2016, which is the same date Cohen finalized a payment to adult-film star Stormy Daniels as part of a nondisclosure agreement over an affair Daniels alleges she had with Trump.

The most damaging statement by Michael Cohen was made when, acknowledging the charges against him, Cohen said he was directed to violate campaign law at the direction of an unnamed candidate for federal office, whom he did not name.

Also, as a reminder, Cohen had secretly recorded one conversation that sounded quite damning at the time – despite it’s inaudible sections…

“Um, I need to open up a company for the transfer of all of that info regarding our friend, David, you know, so that—I’m going to do that right away,” said Mr. Cohen, according to a copy of the audio file.

As Mr. Cohen explained his plans, Mr. Trump spoke over him: “So, what are we gonna pay…One-fifty?” Mr. Trump asked. Mr. Cohen paused and replied, “Yes.”

Mr. Cohen said he would be getting “all the stuff,” meaning the other files on Mr. Trump he had been seeking. They discussed the uncertainty about what might become of the files if Mr. Pecker no longer ran American Media. “Yeah, I was thinking about that,” Mr. Trump said. “Maybe he gets hit by a truck.”

In an Oct. 23 interview with the Journal, Mr. Trump declined to address whether he had ever discussed the payments with Mr. Cohen during the campaign.

“Nobody cares about that,” he said. He described Mr. Cohen as a “public-relations person” who “represented me on very small things.”

But it appears some ‘cared’ as  The Wall Street Journal rejuvenates those headlines this morning, reporting that Mr. Trump intervened directly to suppress stories about his alleged sexual encounters with women, according to interviews with three dozen people who have direct knowledge of the events or who have been briefed on them, as well as court papers, corporate records and other documents.

However, as it appears Cohen has offered more details of Trump’s involvement, WSJ notes that taken together, the accounts refute a two-year pattern of denials by Mr. Trump, his legal team and his advisers that he was involved in payoffs to Ms. McDougal and a former adult-film star. They also raise the possibility that the president of the United States violated federal campaign-finance laws.

Very specifically, WSJ’s story brings up two new aspects in the case:

“Previously unreported instances” of Trump’s direct involvement in payoffs…

The Trump Tower meeting and its aftermath are among several previously unreported instances in which Mr. Trump intervened directly to suppress stories about his alleged sexual encounters with women, according to interviews with three dozen people who have direct knowledge of the events or who have been briefed on them, as well as court papers, corporate records and other documents.

And more seriously, the previously ‘unnamed’ member of the campaign that Cohen had originally discussed, is confirmed as President Trump by sources…

Mr. Cohen, who left the Trump Organization to serve as the president’s personal attorney in early 2017, and other aides denied Mr. Trump played any role in the two hush-money deals when they were first reported in the Journal.

Federal prosecutors in Manhattan came to believe otherwise. In August, they outlined Mr. Trump’s role -without specifically naming him – in a roughly 80-page draft federal indictment they had been preparing to file against Mr. Cohen.

When Mr. Cohen pleaded guilty that month to campaign-finance violations, prosecutors filed a 22-page charging document asserting that Mr. Cohen “coordinated with one or more members of the campaign, including through meetings and phone calls, about the fact, nature, and timing of the payments.”

The unnamed campaign member or members referred to Mr. Trump, according to people familiar with the document.

However, despite the excited headlines of the Journal’s story, according to Richard Hasen, a law professor at University of California, Irvine, who specializes in election law, Mr. Trump’s involvement in the payments, by itself, wouldn’t mean he is guilty of federal crimes.

A criminal conviction would require proof Mr. Trump willfully skirted legal prohibitions on contributions from companies or from individuals in excess of $2,700, he said.

When the Justice Department accused John Edwards, a former senator from North Carolina, of using illegal campaign contributions to conceal an affair during his 2008 presidential run, he argued the money was meant to hide his mistress from his wife, not to influence the election.

A jury acquitted him of one charge and deadlocked on the rest.

On Thursday, the White House referred questions about Mr. Trump’s involvement in the hush deals to the president’s outside counsel Jay Sekulow, who declined to comment.

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Under California’s New Governor, the Proposed Bullet Train May Get Cheaper but Also Dumber

Bullet train constructionIs half of a transportation boondoggle better than the whole thing? Or does that simply highlight how stupid the entire project is in the first place? When it comes to California’s bullet train, residents may be about to find out.

Democratic Lt. Gov. Gavin Newsom handily won the race to succeed Gov. Jerry Brown, defeating Republican John Cox 60 percent to 40 percent.

Newsom didn’t say much whle he was running about the fate of the California High-Speed Rail project. This effort has been a complete disaster since voters approved a $10 billion bond in 2008 to start a first leg of a train that is supposed to travel from San Francisco to Los Angeles in less than three hours. Costs have ballooned for just the very first (uncompleted) leg in the Central Valley, from $6 to $10 billion. Estimates for the entire project have jumped from $64 to $77 billion—and really, if the entire thing ever is fully built, it will likely cost well over $100 billion.

The entire project has been handled dishonestly. Proponents have insisted that it would bring in private investors and would not be a drain on the taxpayers. There’s no sign any of that is actually going to happen or that the train will be able to operate without significant government subsidies.

Newsom actually spoke out against the project’s continuation in 2014. But when he decided to run for governor, he shut his mouth about it. He actually refused for two years to discuss the train’s future with the Los Angeles Times.

In October, he finally made a decision. A “split the baby” compromise that will probably satisfy nobody, it highlights how little the project matches what was sold to voters. Newsom told the Times that he intends to scale the bullet train back and only continue construction on the northern half of the line. The rest of the train—from the San Joaquin Valley down to Los Angeles—will have to wait until it can “attract more money from taxpayers or private investors.”

Newsom insists that a bullet train that only transports people from San Francisco to Fresno is not a “train to nowhere,” and that it would allow tech workers to commute to Silicon Valley from Merced, Modesto, or some other outlying community.

This fundamentally means that Newsom is demanding that the citizens of all California pay to solve San Francisco and Silicon Valley’s housing problem for them instead of doing what actually needs to be done to make the city affordable—build more housing.

Californians were sold this train as a way to quickly traverse the length of the state. They were also sold it as something that could be used by many citizens, not just a chosen few. Granted, this was always a little absurd itself. The ticket prices to ride the train aren’t actually going to be cheaper than taking a flight from Los Angeles to San Francisco, making for an expensive “commute.” Still, a large cross-section of California’s population was supposed to have access to the train, and that was supposed to justify statewide funding for it.

Newsom’s plan ends up exposing what the train was really all about in the first place. There’s very little need statewide for high-speed rail. It was intended to benefit a very select group of people—particularly those being paid to build it—on the public’s dime.

So is half a bullet train preferable to Jerry Brown’s stubborn insistence on building the whole thing? In the short term, at least, Californians will be spared the idea that the state is willing to blow billions on a project of dubious benefits.

But there’s going to be a massive sunken-cost temptation here. If the top half of the train is built, there’s going to be a lot of pressure to keep it going. And if the top half is not successful, many folks will say that the problem is that the train doesn’t go all the way to Los Angeles.

For that matter, the ballot initiative Californians voted on was specifically for a train from San Francisco to Los Angeles. The construction has already made a mockery of the text of the initiative, but Newsom’s plan does not even remotely resemble what voters endorsed.

There may be a big upside to Newsom’s approach, though: He is acknowledging that California simply cannot afford to build what was promised. A ballot initiative being proposed for 2020 would stop any more spending on the rail project. Newsom’s concession that the state doesn’t have enough money to build the whole thing could be used as ammunition to kill it off at the ballot box.

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