States Can Reform Qualified Immunity on their Own

qualified immunity

The death of George Floyd and resulting nationwide protests against police abuses have focused renewed attention on the legal doctrine of “qualified immunity,” which all too often enables law enforcement officials to escape liability for egregious violations of constitutional rights. Unfortunately, the Supreme Court recently refused to take any cases that might overturn or limit the dubious doctrine it itself created. Congress could potentially abolish or limit qualified immunity by adopting new legislation curbing it. But Senate Republicans say that such a move would be a “poison pill” and it’s not clear that GOP supporters of reform can gather enough votes to get it through this year.

The Supreme Court, Congress or both might yet revisit this issue in the future. But in the meantime, there is much that state governments can do without waiting for federal action. The vast majority of law enforcement operations—and law enforcement abuses—are conducted by state and local police. State governments can address their misdeeds without waiting for either the Supreme Court or Congress to act.

The state of Colorado recently passed a reform law that is a model of its kind, one that other states would do well to imitate. Jay Schweikert of the Cato Institute has a helpful description of the Colorado law and its advantages:

Colorado Governor Jared Polis has signed into law Senate Bill 20–217 (“SB-217”), otherwise known as the Law Enforcement Integrity and Accountability Act. SB-217 includes a range of major policing reforms… But perhaps most notably, the law ensures that police officers in Colorado will not be able to avoid liability for their misconduct due to the unlawful shield of qualified immunity.

While many are summarizing SB-217 as “ending qualified immunity” in Colorado, what the law formally does is permit individuals to bring claims against police officers who violate their constitutional rights under Colorado law. SB-217 is therefore a kind of “state analogue” to Section 1983, our main federal civil rights statute. Whereas Section 1983 creates a cause of action allowing individuals whose rights are violated under the federal Constitution to bring a lawsuit for damages in federal court, SB-217 allows individuals whose rights are violated under the state constitution to bring a lawsuit for damages in state court.

Colorado, like most states, has a bill of rights that largely mirrors the federal Constitution (and in some ways is even more protective) so this means that SB-217 will cover things like excessive force claims, unlawful arrests, etc. And most importantly, SB-217 specifically provides that “qualified immunity is not a defense to liability pursuant to this section.” So, the law does not technically “eliminate qualified immunity,” insofar as we’re talking about the federal doctrine — if Coloradans bring Section 1983 claims in federal court, those claims will still be subject to qualified immunity. But the law does ensure, at least with respect to police officers, that Coloradans will have a robust alternative remedy to Section 1983 claims for violations of their constitutional rights.

Colorado is not the first state to enact a “state analogue” to Section 1983, but it is the first state to specifically negate the availability of qualified immunity as a defense through legislation. As it turns out, that clarification is crucial, because in nearly all of the other states that have passed similar laws, state courts have incorporated a similar or identical version of federal qualified immunity, even when the relevant statute says nothing about it.

As Schweikert points out, SB-217 doesn’t technically eliminate qualified immunity as a defense to lawsuits charging violations of federal constitutional rights. But it effectively achieves the same goal by eliminating it as an obstacle to lawsuits under the state constitution, which provides much the same rights.

There are, nonetheless, a few limitations to the law. Most obviously, it does not apply to federal law enforcement agencies. In addition, it may not apply to  “state-federal task forces,” where state and local cops working with the feds can claim immunity to lawsuits under state law, on the theory that they’re really acting as federal agents, rather than state ones. As far as I can tell, the text of SB-217 doesn’t explicitly address state-federal task forces, and it is not clear to me whether state and local police participating in them can still claim qualified immunity as a defense to suits under state law or not. I welcome correction on this point, from those more expert in Colorado law. But, in the meantime, I would tentatively suggest that Colorado should amend the law to explicitly cover this scenario.

Another issue SB-217 does not address is cases where the federal government enables state and local law enforcement to get around state laws restricting asset forfeiture by having the federal government “adopt” state seizures and then in effect share the loot with their state and local friends. Such policies enable cops to profit from the seizure of property owned by people who have never even been charged with any crime, much less convicted. It is a serious problem in many states around the country, one that particularly victimizes the poor and racial minorities. SB-217 does not seem to bar qualified immunity as a defense to illegal asset forfeitures “adopted” by the federal government.

Fortunately, a 2017 Colorado law already imposes tight limits on state and local police participation in the federal “equitable sharing” program that facilitates adoption. But Colorado should take this reform even further, and forbid such adoption altogether. Other states that might imitate the Colorado reform should also address this issue—particularly those that don’t already have legislation like the 2017 Colorado law.

Finally, it’s worth emphasizing that ending qualified immunity is not the only reform needed to curb law enforcement abuses. There are a variety of other steps states should take as well, only some of which are included in other parts of SB-217.

Despite these limitations, SB-217 is an impressive step in the right direction, one that other jurisdictions can learn from. Other states might also be able to learn from the process by which Democratic Governor Jared Polis and legislative leaders quickly secured broad bipartisan support for the bill. As always, the best should not be the enemy of the good. And this law is very good indeed.

 

 

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What Americans Fear Most In The JFK Assassination, Part 2

What Americans Fear Most In The JFK Assassination, Part 2

Tyler Durden

Thu, 06/25/2020 – 23:50

Authored by Jacob Hornberger via The Future of Freedom Foundation,

Read Part 1 here…

Let’s now move to the autopsy that the U.S. military conducted on the President John F. Kennedy’s body on the evening of the assassination, November 22, 1963.

Texas law required the autopsy to be conducted in Texas. Dr. Earl Rose, the Dallas Medical Examiner, insisted on conducting the autopsy immediately upon Kennedy’s death. An armed team of Secret Service agents, brandishing their guns, refused to permit that to happen and forced their way out of Parkland Hospital. Operating on orders, their objective was to get the president’s body to the airport, where Vice President Lyndon Johnson was waiting for it. His objective: to put the autopsy in the hands of the U.S. military.

In the 1970s, the U.S. House of Representatives opened up a new investigation into Kennedy’s assassination. During and after those hearings, a group of Navy enlisted men came forward with a remarkable story. They stated that they had secretly carried Kennedy’s body into the morgue at Bethesda Naval Medical Center in Maryland about an hour-and-a-half before the body was officially brought into the morgue.

They also stated that they had all been sworn to secrecy immediately after the autopsy and had been threatened with severe punishment, including criminal prosecution, if they ever revealed to anyone the classified secrets about the autopsy that they had acquired.

The Boyajian Report

In the 1990s, the Assassination Records Review Board, which was formed to enforce the JFK Records Act, uncovered an official document that had been kept secret for more than 30 years. It became known as the Boyajian Report. It had been created by Marine Sergeant Roger Boyajian immediately after the autopsy. Boyajian gave a copy of the report to the ARRB. Boyajian and his report confirmed that his team carried the president’s body into the morgue in a cheap military-style shipping casket at 6:35 p.m., about 1 and 1/2 hours before 8 p.m., the time that the body was officially brought into the morgue in the expensive, ornate casket into which it had been placed in Dallas.

On the night of the autopsy, one of the autopsy physicians, Admiral James Humes, telephoned U.S. Army Colonel Pierre Finck asking him to come to the morgue and assist with the autopsy. That phone call was made at 8 p.m. During the conversation, Humes told Finck that they already had some x-rays made of the president’s head. Yet, how could they have x-rays of the president’s head, given that the president’s body was being officially brought into the morgue at 8 p.m.? Humes’s testimony inadvertently confirmed the accuracy of the Boyajian Report and the statements of the enlisted men who had secretly carried the president’s body into the morgue an hour-and-a-half before the official 8 p.m. time that the body was brought into the morgue.

The magic bullet

During the autopsy, Finck began to “dissect” the president’s neck wound, a wound that later became embroiled in what became known as the “magic bullet” controversy. As Finck began the procedure, he was ordered by some unknown figure to cease and desist and to leave the wound alone. Finck complied with the order. The order showed that the three autopsy physicians were not in charge of the autopsy and that there was a higher force within the deep state that was orchestrating and directing the overall operation.

The brain examinations

It’s worth mentioning the brain examinations that took place as part of the autopsy. In an autopsy, there is only one brain examination. In the Kennedy autopsy, there were two, the second of which involved a brain that could not possibly have belonged to the president. Rather than detail the circumstances surrounding that unusual occurrence, I’ll simply link to the following two articles that the mainstream press published about it for those who might be interested in that aspect of the autopsy:

Newly Released JFK Documents Raise Questions About Medical Evidence by Deb Riechmann in the November 9, 1998, issue of the Washington Post.

Archive Photos Not of JFK’s Brain, Concludes Aides to Review Board by George Lardner Jr. in the November 10, 1998, issue of the Washington Post.

It is also worth noting that when Congress enacted the JFK Records Act mandating that federal agencies had to release their long-secret records relating to the assassination, the law that brought the ARRB into existence to enforce the law expressly prohibited the ARRB from investigating any aspect of the assassination. It was a provision that the ARRB board strictly enforced on the ARRB staff, which thereby prevented the staff from investigating the two separate brain examinations once they were discovered or, for that matter, anything else.

Continued secrecy

It’s is also worth noting that there are still thousands of assassination-related records that the National Archives is keeping secret, owing to a request by the CIA to President Trump early in his administration to continue keeping them secret, a request that Trump granted. The CIA’s reason for the continued secrecy? The CIA told Trump that the disclosure of the 56-year-old records to the American people would endanger “national security.”

Fraudulent autopsy photos

The ARRB also took the sworn testimony of a woman named Saundra Spencer, a U.S. Navy petty officer who served the the Navy’s photography lab in Washington, D.C. She worked closely with the White House on both classified and non-classified photographs. The ARRB summoned her to testify, and she gave a remarkable story. She testified that on the weekend of the assassination, she was asked to develop, on a top-secret basis, the official autopsy photographs in the Kennedy autopsy. When the ARRB showed her the autopsy photographs in the official record, she closely examined them and then testified directly and unequivocally that they were not the photographs she developed on the weekend of the assassination.

Fear

Given all these facts and circumstances, a question naturally arises: How can anyone with a critical mind blindly accept the official narrative surrounding the Kennedy assassination? Doing so only goes to show how a deep fear of being labeled a “conspiracy theorist” can influence people’s behavior.

*  *  *

For those who wish to delve into the Kennedy regime-change operation more deeply, I recommend starting with the following books and videos:

Books:

JFK and the Unspeakable: Why He Died and Why It Matters by James W. Douglass

The Kennedy Autopsy by Jacob Hornberger

The Kennedy Autopsy 2 by Jacob Hornberger

JFK’s War with the National- Security Establishment: Why Kennedy Was Assassinated by Douglas Horne

Regime Change: The JFK Assassination by Jacob Hornberger

CIA & JFK: The Secret Assassination Files by Jefferson Morley

The CIA, Terrorism, and the Cold War: The Evil of the National Security State by Jacob Hornberger

Inside the Assassination Records Review Board: The U.S. Government’s Final Attempt to Reconcile the Conflicting Medical Evidence in the Assassination of JFK, Volumes 1-5 by Douglas P. Horne

Videos:

Altered History: Exposing Deceit and Deception in the JFK Assassination Medical Evidence by Douglas Horne

The JFK Assassination by Jacob Hornberger

The National Security State and JFK, with Oliver Stone and others.

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House Passes Policing Reform Package, Including Provision That Would End Qualified Immunity

pelosi-schumer

The Democrat-led House of Representatives passed a package of criminal justice legislation Thursday night, largely along party lines, to address nationwide protests and demands for policing reforms following the killing of George Floyd by a Minneapolis police officer last month.

By a 236-181 vote, with only three Republicans voting in favor of it, the House passed the George Floyd Justice in Policing Act. The legislation would end qualified immunity—a legal doctrine that shields cops from liability in civil rights lawsuits—establish a national registry for police misconduct, ban police chokeholds and no-knock raids in some circumstances, and limit the transfer of military equipment to state and local police departments. It would also require federal law enforcement officers to wear body cameras and to have dashboard cameras installed in their vehicles.

Ending qualified immunity has long been on criminal justice reform advocates and libertarians’ wish lists.

“Qualified immunity is a failure as a matter of policy, as a matter of law, and as a matter of basic morality,” said Robert McNamara, a senior attorney at the Institute for Justice, a libertarian-leaning public interest law firm. “For too long, qualified immunity has denied victims a remedy for violations of their constitutional rights. It’s encouraging to see Congress is finally taking steps to fix this pernicious mistake by the Supreme Court.”

Although civil liberties groups say the bill is far from perfect—they criticized provisions that would increase federal funding for state and local law enforcement—Kanya Bennett, senior legislative counsel at the American Civil Liberties Union (ACLU), said in a press release that tonight’s vote is still “the most significant action that Congress has taken on police reform in the six years that have transpired between the deaths of Michael Brown in Ferguson and George Floyd in Minneapolis.”

“Given this significant and historic moment we are in, though, Congress can and must do more,” she continued. “We can’t band-aid police with more federal dollars or take away just some of the military weapons. Congress must divest entirely from an institution that has brutalized Black people for centuries.”

However, the fate of any comprehensive policing reform, at least at the federal level, seems doomed, at least for the moment. The White House and congressional Republicans have made it clear that ending qualified immunity is off the table.

Meanwhile in the Senate, Democrats have blocked Republican’s more modest policing reform bill, the Just and Unifying Solutions to Invigorate Communities Everywhere (JUSTICE) Act, introduced by Sen. Tim Scott (R–S.C.). 

The JUSTICE Act would, among other things, increase the penalties for filing a false police report and incentivize departments to create systems to share disciplinary records with each other to stop problem officers from being rehired. Another section, the Breonna Taylor Notification Act—named after a Louisville woman who was killed in a botched no-knock raid in March—would require states to collect and report data on the use of no-knock raids.

Democrats and civil liberties groups like the ACLU say Scott’s legislation doesn’t go nearly far enough in addressing systemic problems in American policing. Republicans, however, say their bill balances the need to address problematic policing while still supporting police overall.

“The American people know you do not really want progress on an issue if you block the Senate from taking it up,” Senate majority leader Mitch McConnell (R–Ky.) said in a floor speech Thursday night. “They know that most police officers are brave and honorable and that most protesters are peaceful. And they know our country needs both.”

For the moment, both parties are at an impasse. In a press release after tonight’s vote, Rep. Doug Collins (R-Ga.), a member of the House Judiciary Committee, said Democrats’ legislation is “just another thinly veiled Democrat attempt to look like they are getting something done when we all know this bill will never become law.”

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Wealthy Americans Flock To Turks & Caicos During Pandemic

Wealthy Americans Flock To Turks & Caicos During Pandemic

Tyler Durden

Thu, 06/25/2020 – 23:30

Wealthy Americans have been selling real estate in urban areas across the country for rural communities. A new report suggests an evolving trend in this mass exodus, as these folks aren’t just moving to the countryside, but are now fleeing to the Caribbean as inner cities burn with continuing social unrest and the emergence of the virus pandemic. 

Apparently, the Turks and Caicos property market saw a demand surge during the pandemic, according to Mauricio Umansky, founder and CEO of real estate firm The Agency, who spoke with FOX Business

“We have definitely seen some extraordinary prices,” Umansky said. 

Sotheby’s International Realty reported sales volume of single-family homes in Turks and Caicos in 1Q20 outpaced the same period of 2019, and condo sales outpaced two years of previous data.

Umansky said the pandemic has made wealthy Americans realize that city centers are no longer safe during public health crises and social instabilities. 

“So there’s a big trend, they want to have a place to sequester and to have that second home if this happens again, and to have a home where the whole family can go, not just a little apartment that they don’t all fit in,” he said.

Turks and Caicos’ health data shows the country remained relatively unharmed by COVID-19, with just 12 cases and one death among a population of approximately 39,000. 

The British Overseas Territory southeast of the Bahamas is expected to reopen on July 22 when Providenciales Airport lifts tourism restrictions.

If readers recall – we recently noted demand for luxury properties in Aspen, Colorado, and Park City, Utah, is “through the roof” as the pandemic had accelerated the trend of wealthy folks seeking shelter in rural communities. 

We’ve also covered the “mad rush” of people leaving the San Francisco Bay Area for rural communities, for Marin County, Napa wine country, and south to Monterey’s Carmel Valley. 

Despite a plunge in existing home sales in May –  Lawrence Yun, National Association of Realtors’ chief economist, confirmed the outbound trend of migration from cities to suburbs

“Relatively better performance of single-family homes in relation to multifamily condominium properties clearly suggests migration from the city centers to the suburbs,” Yun said.

“After witnessing several consecutive years of urban revival, the new trend looks to be in the suburbs as more companies allow greater flexibility to work from home.”

And second-home buyers surged…

Individual investors or second-home buyers, who account for many cash sales, purchased 14% of homes in May, up from 10% in April 2020 and from 13% in May 2019. All-cash sales accounted for 17% of transactions in May, up from 15% in April 2020 and down from 19% in May 2019.

Readers now know that wealthy folks aren’t just fleeing cities for rural communities – these folks are leaving the country for the Caribbean as America implodes from within. 

 

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How To Deal With China – “Made In America”

How To Deal With China – “Made In America”

Tyler Durden

Thu, 06/25/2020 – 23:10

Authored by Lawrence Franklin via The Gatestone Institute,

China’s Communist Party leadership was not pleased to hear a call from Australia for a global inquiry into the origin of the Covid-19 virus and China’s possible role in it.

Australia further requested that the investigation be conducted outside the purview of the World Health Organization (WHO), which had had been spreading lies and disinformation about the transmissibility of the virus. China seems to have decided that Australia’s insistence on an independent study was a violation of the spirit of their bilateral relationship. Indeed, for the past three decades, the Australian economy has been buoyed by expanding commercial ties with China. This relationship has now soured, and China has been threatening Australia with economic warfare unless it reconsiders its inquisitive foreign policy.

Making good on its threat, China slapped an 80% tariff on Australian barley and has threatened to boycott Australian wine and beef. Australian Foreign Minister Marise Payne has rejected any such attempts at economic coercion.

The attacks by the Chinese Communist Party (CCP) on Australia’s policies and politicians have since become even more strident and personal. Chinese state-affiliated social media accounts have called Australia “gum stuck to China’s shoe” and suggested that Australia’s head of government had been kicked in the head by a kangaroo. Also, Chinese State Security agents have attempted to silence independent Chinese-language media in Australia by pressuring advertisers to withdraw their sponsorship.

Beijing’s threats to punish Australia seem to be part of an increasingly bullying, aggressive approach by Chinese officials, not only toward Australia, but also toward India, Taiwan and China’s neighbors in the Pacific. The CCP is receiving growing resistance from the Pacific nations to China’s aggressive expansionism. China will nevertheless continue to pull all the levers of its influence in Australia, and most likely elsewhere, to its advantage. China might, for instance, dispatch lobbyists to pressure Australian businessmen who have benefited from past economic cooperation with the Chinese in an effort to persuade political leaders to back off on their criticism of China for its handling of the COVID-19 virus.

China’s decision to play hardball with Australia, however, might be a miscalculation. China’s communist regime may have drawn the wrong conclusions about what they may have hoped would be Australia’s lack of desire to protect its Free World values and its belief that such values are more important than short-term economic advantage.

Australia still needs to lessen its economic vulnerability to China. Extracting itself from the web of relationships that entangle Australia can extricate itself from the claws of the dragon. Australian meat exporters could increase shipments of pork products to Japan, Vietnam, and other Southeast Asian neighbors. Australia, unlike China, enjoys warm relations with all members of the Association of South East Asian Nations (ASEAN). Australia might capitalize on these cordial diplomatic ties to maximize mutually beneficial trade.

Australian political leaders could also create tax incentives to facilitate greater investment by Australian business leaders in India’s enterprises, especially in defense-related industries. Australia could also divorce itself from Chinese supply lines by shifting them to other advanced economies in the region such as South Korea and Singapore. Australia could encourage wholesale imports of computer and electrical products from other East Asian manufacturers of these products. The Australians could decide no longer to export uranium to China from its own mines in the Northern Territory and elsewhere, and thereby discontinue servicing China’s plans to construct about 100 nuclear power plants by 2025. Australia might well find a willing alternative customer in India.

Australia, on June 10, sent a clear message to China by fostering enhanced defense ties with India — China’s rival for Asian leadership. Australian PM Scott Morrison and Indian PM Narendra Modi, in a video conference, announced that the two countries had formed, as a bulwark against Chinese expansionism in Asia, a comprehensive strategic partnership. Australian Minister of Defense Linda Reynolds praised the agreements, which will provide for interoperability of weapons systems and promote sharing defense technologies.

Australia is now ready to be a full partner in the Quadrilateral Security Dialogue (QUAD), a cooperative defense information dialogue consisting of the U.S., Japan, India, and Australia. Australia will likely also participate in the Indian-sponsored Malabar military exercise, which focuses on how India and Australia might better patrol international straits vital to commerce in the region by using military facilities on Indian and Australian off-shore islands and atolls.

China may continue to bellow, but Australia will remain bound to the West as a nation that embraces democratic political and free market economic values. Australian soldiers have fought alongside U.S. troops in every major conflict since World War I. For instance, Australian Defense Force (ADF) soldiers were among the first to deploy to Afghanistan after 9/11. Shared values between Australians and Americans — and their ability to continue existing as members of the Free world — should be a far more potent magnet than short-term profits.

The only real solution to China’s duplicity and aggression would be for Western nations — all 186 nations that were harmed by China’s lies during the Covid-19 pandemic — to cut all ties with China, to start a firm policy of “Made in America” or “Made Anywhere But China” to show a willing independence from a country that openly aspires to dominate the world.

China — perhaps hoping that everyone is sufficiently distracted by the virus the Chinese Communist Party unleashed on it, as well as by the “free gifts” from China that, in their trade-off for freedom, promise to be fatal — is clearly on the march. The world might remember that it would have been so much easier to stop Hitler before he crossed the Rhine.

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Two Million Restaurants Worldwide At Risk Of Collapse 

Two Million Restaurants Worldwide At Risk Of Collapse 

Tyler Durden

Thu, 06/25/2020 – 22:50

After several months of a slow recovery in restaurant dining data in the U.S. and across the globe, there is absolutely no evidence of a V-shaped recovery in the food industry and suggests millions of eateries are on the brink of collapse, consulting firm Aaron Allen & Associates told Bloomberg.

“Based on our estimates, we believe up to 10% of all restaurants globally will disappear, with 20% or more also going through a restructuring process,” said founder Aaron Allen. “This is a conservative case, in our view.” 

Of the roughly 22 million restaurants worldwide, about 2.2 million are expected to shutter operations. Global restaurant traffic data via OpenTable shows little improvement in late June.

We noted, on Sunday, June 14, after months of slow improvement, restaurant traffic suddenly plunged, sliding from a -66.5% y/y decline as of June 13 to -78.8% globally. The plunge was mostly due to a sharp drop in U.S. restaurant diners, which plunged by 13% – from -65% to -78% – the biggest one day drop since the start of the shutdown in the U.S., and the second biggest one day drop on record.

Another sharp drop in U.S. restaurant traffic was noticed on Monday, June 22, due mostly because of the emergence of the second virus wave in some states, Bloomberg reports:

Cases are surging in Texas, Florida, Arizona, and in California, which on Tuesday broke its record for new cases for the fourth day in the past week. Even in New Jersey, where numbers have been falling, Governor Phil Murphy warned that the transmission rate is “beginning to creep up.”

Coronavirus cases in the U.S. increased by 35,695 from the same time Monday to 2.33 million, according to data collected by Johns Hopkins University and Bloomberg News. The 1.6% gain was higher than the average daily increase of 1.3% the past seven days. Deaths rose 0.7% to 120,913….

So with the emergence of a second virus wave in the U.S., and, in fact, cases globally are rising, slumping restaurant traffic is going to be disastrous for heavily indebted eateries betting on a reopening.

 Several bankruptcies have already been seen, including Le Pain Quotidien and Garden Fresh Restaurants, the owner of Souplantation and Sweet Tomatoes. Also, TGI Fridays and Cousins Subs have reduced their retail footprint.  

“Weaker businesses are searching for pre-Chapter 11 solutions,” said John Gordon, principal at Pacific Management Consulting Group, an eatery consultancy. “There will be many closings, particularly independents.”

Allen said the emergence of the virus could supercharge the restaurant bankruptcy wave. 

OpenTable recently warned that 25% of all U.S. restaurants would never reopen

For restaurants with the most robust balance sheets – some are finding new ways to survive, from offering substantial discounts to outside seating to curbside pickup to selling groceries. The staff has been reduced to skeleton size, and menus have been significantly trimmed. 

The survival of the fittest has transformed big chains and small restaurants’ business models to now offer selling groceries. Panera Bread and Tijuana Flats, for example, are now offering meat by the pound, milk, and veggies to customers. 

“We can almost live in between this space between meal kits and online grocery delivery,” New York-based chain Just Salad’s CEO Nick Kenner said. He estimates groceries could be a quarter of sales this year. 

Pacific Management’s Gordon said a recovery in restaurants could be seen in 2022. 

“On the whole, most quick-service restaurant brands are in fair shape, while some fast-casual and casual dining brands are still struggling,” he said. “Fine dining brands need business travel to resume before they see traffic recovery.”

With 15.6 million workers employed in the US restaraunt industry, and tens of millions worldwide, the current state of the restaraunt industry does not suggest a V-shaped economic recovery narrative for this year. 

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House Passes Policing Reform Package, Including Provision That Would End Qualified Immunity

pelosi-schumer

The Democrat-led House of Representatives passed a package of criminal justice legislation Thursday night, largely along party lines, to address nationwide protests and demands for policing reforms following the killing of George Floyd by a Minneapolis police officer last month.

By a 236-181 vote, with only three Republicans voting in favor of it, the House passed the George Floyd Justice in Policing Act. The legislation would end qualified immunity—a legal doctrine that shields cops from liability in civil rights lawsuits—establish a national registry for police misconduct, ban police chokeholds and no-knock raids in some circumstances, and limit the transfer of military equipment to state and local police departments. It would also require federal law enforcement officers to wear body cameras and to have dashboard cameras installed in their vehicles.

Ending qualified immunity has long been on criminal justice reform advocates and libertarians’ wish lists.

“Qualified immunity is a failure as a matter of policy, as a matter of law, and as a matter of basic morality,” said Robert McNamara, a senior attorney at the Institute for Justice, a libertarian-leaning public interest law firm. “For too long, qualified immunity has denied victims a remedy for violations of their constitutional rights. It’s encouraging to see Congress is finally taking steps to fix this pernicious mistake by the Supreme Court.”

Although civil liberties groups say the bill is far from perfect—they criticized provisions that would increase federal funding for state and local law enforcement—Kanya Bennett, senior legislative counsel at the American Civil Liberties Union (ACLU), said in a press release that tonight’s vote is still “the most significant action that Congress has taken on police reform in the six years that have transpired between the deaths of Michael Brown in Ferguson and George Floyd in Minneapolis.”

“Given this significant and historic moment we are in, though, Congress can and must do more,” she continued. “We can’t band-aid police with more federal dollars or take away just some of the military weapons. Congress must divest entirely from an institution that has brutalized Black people for centuries.”

However, the fate of any comprehensive policing reform, at least at the federal level, seems doomed, at least for the moment. The White House and congressional Republicans have made it clear that ending qualified immunity is off the table.

Meanwhile in the Senate, Democrats have blocked Republican’s more modest policing reform bill, the Just and Unifying Solutions to Invigorate Communities Everywhere (JUSTICE) Act, introduced by Sen. Tim Scott (R–S.C.). 

The JUSTICE Act would, among other things, increase the penalties for filing a false police report and incentivize departments to create systems to share disciplinary records with each other to stop problem officers from being rehired. Another section, the Breonna Taylor Notification Act—named after a Louisville woman who was killed in a botched no-knock raid in March—would require states to collect and report data on the use of no-knock raids.

Democrats and civil liberties groups like the ACLU say Scott’s legislation doesn’t go nearly far enough in addressing systemic problems in American policing. Republicans, however, say their bill balances the need to address problematic policing while still supporting police overall.

“The American people know you do not really want progress on an issue if you block the Senate from taking it up,” Senate majority leader Mitch McConnell (R–Ky.) said in a floor speech Thursday night. “They know that most police officers are brave and honorable and that most protesters are peaceful. And they know our country needs both.”

For the moment, both parties are at an impasse. In a press release after tonight’s vote, Rep. Doug Collins (R-Ga.), a member of the House Judiciary Committee, said Democrats’ legislation is “just another thinly veiled Democrat attempt to look like they are getting something done when we all know this bill will never become law.”

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Senators Move To Make UFO Data Public

Senators Move To Make UFO Data Public

Tyler Durden

Thu, 06/25/2020 – 22:30

Authored by Benjamin  Wilson via SaraACarter.com,

Lawmakers in the Senate Intelligence Committee are moving forward with a request that would order the Defense Department and U.S. Intelligence agencies to create a public, unclassified, collection of all information and data on “unidentified aerial phenomenon,” also known as unidentified flying objects, UFOs.

According to The NY Post, Senators recognized the existence of a “Unidentified Aerial Phenomenon Task Force” and the need for a comprehensive analysis of unidentified flying objects.

“In his report attached to the 2020-2021 Senate Intelligence Authorization Act, Florida Sen. Marco Rubio, acting chairman of the Senate Intelligence Committee, instructs the director of national intelligence, the secretary of defense and other agency heads to compile data on ‘unidentified aerial phenomenon,’” according to The Post.

Rubio and his committee expressed concern about not having a concentrated analysis of these objects — especially since it could pose a national security threat. The lawmakers agreed the findings should be public.

“The Committee understands that the relevant intelligence may be sensitive; nevertheless, the Committee finds that the information sharing and coordination across the Intelligence Community has been inconsistent, and this issue has lacked attention from senior leaders,” the report reads.

According to Politico, if passed, the Intelligence Agencies would have 180 days to craft a report for the director of national intelligence and the secretary of defense.

This decision follows the Pentagon releasing videos of these objects two months ago.

As previously reported on this news site, The Pentagon released three unclassified videos showing the U.S. Navy’s encounters with “unidentified aerial phenomena” on April 27.

“The U.S. Navy previously acknowledged that these videos circulating in the public domain were indeed Navy videos. After a thorough review, the department has determined that the authorized release of these unclassified videos does not reveal any sensitive capabilities or systems, and does not impinge on any subsequent investigations of military air space incursions by unidentified aerial phenomena,” DOD said in a statement.

The provision passed today will move to the Senate for a vote and potentially lead to greater public knowledge on UFOs.

via ZeroHedge News https://ift.tt/3dxf6Xp Tyler Durden

JPM Finds That Rising Virus Cases Are Starting To Hit Consumer Spending Again

JPM Finds That Rising Virus Cases Are Starting To Hit Consumer Spending Again

Tyler Durden

Thu, 06/25/2020 – 22:10

Two weeks ago, in the immediate aftermath of renewed fears that various sunbelt states are seeing growing coronavirus infections, we showed that restaurant booking as measured by Opentable seated diners posted its biggest daily drop on its path to gradual recovery since the lockdowns were imposed in March.

Since then there was a modest stabilization in the trend, until another sharp drop took place on Monday amid new concerns of rising cases in states such as Texas, Arizona, Florida and California.

That said, two one-day drops in the closely watched restaurant index hardly is confirmation that the economy is starting to shutdown again. While that may be true, according to JPMorgan’s tracker of spending on the bank’s own debit and credit card, the bank said today that it can now detect a relative slowdown in spending growth in recent weeks in states where the virus has begun to spread again, even if differences across states are fairly subtle so far. In some states like New York and New Jersey where new virus cases are flat or falling, JPM’s spending tracker has risen by more than 10%-pts over the last two weeks through June 21. However, in states like Arizona, Texas, Oklahoma, and South Carolina, where the virus is spreading rapidly, the tracker is up by less than 4%-pts. Still, total spending has been increasing even in these
places thus far.

JPM has also found that spending patterns from a few weeks ago have some power in predicting where the virus has spread since then. Looking across categories of card spending, the bank has found that the level of spending in restaurants three weeks ago was the strongest predictor of the rise in new virus cases over the subsequent three weeks, echoing the results last week using OpenTable data. “Card-present” restaurant spending (meaning in-person, rather than online, spending) is particularly predictive. Interestingly, higher spending in supermarkets predicts slower spread of the virus, hinting that high levels of supermarket spending are indicative of more careful social distancing in a state. For example, as of three weeks ago, supermarket spending was up 20% or more from last year’s levels in New York and New Jersey, while it was up less than 10% in Texas and Arizona.

Elsewhere in the data, JPM notes that recent rebounds in spending in states like New York have been concentrated among  Millennial and Gen Z cardholders and in card-present spending, suggesting that younger generations are leading the way in returning to normal offline life.

via ZeroHedge News https://ift.tt/2A4U19j Tyler Durden

Fed’s Balance Sheet Shrinks For Second Consecutive Week

Fed’s Balance Sheet Shrinks For Second Consecutive Week

Tyler Durden

Thu, 06/25/2020 – 22:08

After three months of record gains, which saw an increase of $3 trillion to $7.2 trillion, the Fed’s balance sheet has posted its second consecutive weekly decline since the start of the corona crisis according to the latest H.4.1 statement.

While not nearly as large as last week’s decline which was the largest since May 2009, the $12 billion weekly decline to $7.082 trillion was certainly notable in a time when virtually every asset class now is driven by the rise and fall of the Fed’s balance sheet.

The drop, however, was not due to a reversal or even slowdown in QE which continues almost every single day, with the Fed adding over $52 billion in Treasurys and MBS in the 7 days ended June 24, but due to a second consecutive decline in liquidity swap, which shrank by $77.5 billion to $275 billion, after a $92 billion decline in the week prior. The amount of outstanding repo agreements also declined for a second consecutive week by a modest $8.9 billion.

The total amount outstanding in the swap lines, designed to ease a surge in demand for U.S. currency in the participating banks’ jurisdictions during the early weeks of the crisis, was the lowest since early April.

Coupled with other indications of slackening demand for the Fed’s bevy of emergency liquidity facilities, the reduction in currency swap line usage is for many analysts a sign that global financial markets are returning to near-normal after being upended by the coronavirus outbreak in February and March. “We expect a more rapid decline over the coming months as the majority of the swaps will roll off,” Citigroup economists wrote in a note last Friday.

The flipside is that it also means that the system is once again seeing a shrinkage in the circulation of the world’s reserve currency, an explicit tightening in financial condition, and the adverse global impact of any macroshock will be substantially greater if and when one hits in the coming weeks.

Meanwhile, with the S&P500 closely tracking the Fed’s balance sheet in the past three months, which has served as the primary factor behind the rebound in the market, the latest weekly drop coincides with the period of heightened volatility in the past three  weeks.

The shrinkage comes at a time when the Fed’s monthly liquidity injection has been tapered to approximately $120 billion, which suggests that while the balance sheet is likely to resume growing in the next week, it will be at a more gradual pace.

It also means that for the stock market to surge from this point on – since the market is now fully disconnected from fundamentals and is simply a derivative of endogenous liquidity and fund flow – Powell will need to find another justification to expand the Fed’s QE aggressively. Something like a second wave of the coronavirus pandemic…

Finally, those keeping track of how much corporate bonds the Fed has bought, the latest total for the Fed’s Corporate Credit Facilities LLC which includes purchases of both ETFs and corporate bonds, the Fed disclosed that as of June 25, there was $8.3 billion in book value of holdings (the Fed does not break out how many actual bonds it has bought vs ETFs), and increase of $1.7 billion from the $6.6 billion a week prior. Which means that the Fed is now buying around $350MM in corporate bonds and/or ETFs every single day.

via ZeroHedge News https://ift.tt/2YzQAkr Tyler Durden