The FBI’s Secret FISA Court Surveillance Applications Are Chock Full of Screw-Ups


FBIFISA_1161x653

The FBI has done an even worse job properly double-checking the accuracy of warrant applications to secretly snoop on Americans than was previously known, a new report details this week.

We’re talking about the use of the classified surveillance processes of the Foreign Intelligence Surveillance Act (FISA) Courts to get permission to wiretap or otherwise spy on Americans who are suspected of involvement in crimes or actions that involve national security.

Because this surveillance is kept secret from the citizens and they don’t have the option to defend themselves or argue their innocence, the FISA Court is supposed to serve as a mechanism of due process, making sure that the FBI does its due diligence when requesting to snoop on citizens.

But this process is inherently dependent on the FBI’s own accuracy in its documentation and its honesty, and both of those came under question when the FBI got permission on multiple occasions from the FISA Court to wiretap Carter Page, a former aide to President Donald Trump when he was running for office in 2016.

Page’s ties to the Russian government prompted concerns about foreign influence on the campaign and the FBI got permission four times from the FISA Court to wiretap him. Page, ultimately, was never charged with any crimes. In 2020, an investigation from the Office of the Inspector General (OIG) for the Department of Justice found the FBI made numerous mistakes and withheld important information from the FISA Court in the Page warrant applications.

Subsequent to the Page investigation, Inspector General Michael E. Horowitz organized an audit to determine whether similar problems were happening with the other FISA warrant applications targeting Americans. In a 2020 memorandum, Horowitz determined that the FBI regularly neglected following its own procedures to make certain each FISA warrant application is as accurate as possible. Out of 29 FISA warrant applications to surveil Americans, the OIG found that 25 of them had errors or “inadequately supported facts.” And the other four were missing the associated files that showed that the FBI agents involved were following so-called Woods procedures—the policies the FBI came up with in 2001 to make sure each warrant was properly detailed.

A report released Thursday details the results of the audit ordered by Horowitz, and the problems go even deeper. Out of 7,000 FISA applications between 2015 and 2020, the OIG found 183 instances where those aforementioned Woods files were “missing, destroyed, or incomplete,” meaning the accuracy of those warrant applications may be difficult or impossible to prove.

As for the accuracy of the files that did exist, there was more bad news. The OIG went back through those 29 warrant applications and found even more errors. It found more than 200 additional errors or omissions on top of the previous 200 errors or omissions in those 29 applications it had reported in 2020. The audit notes:

We believe that these shortcomings occurred primarily because the FBI and [National Security Division] generally did not place sufficient emphasis or attention on the need for rigorous supervisory review of a completed Woods File and robust oversight of the Woods Procedures during the time period covered by our review. Further, certain public statements from FBI and NSD officials appeared to display a tolerance for error that is inconsistent with the FBI’s policy that applications be scrupulously accurate.

The OIG seems pretty clear that it’s not happy with what seems like a sloppy culture at the FBI for its FISA warrant applications. The audit actually breaks down the types of errors it found in the documents, everything from deviations from what source information actually says, errors in dates, factual assertions that weren’t supported by data, typos, and misidentified sources.

The FBI responded in a statement that it appreciated and agreed with the OIG’s recommendations to assure more accurate FISA applications and is working on implementing reforms.

Ashley Gorski, senior staff attorney at the ACLU’s National Security Project, takes note here of consistent concern that citizens who end up in the FBI’s crosshairs don’t have the assistance of legal representation to speak on their behalf. This is an issue that civil rights and privacy groups have been attempting to get addressed.

“Today’s Inspector General report provides yet more evidence that FISA surveillance is in need of reform,” Gorski said Thursday in a prepared statement. “The FBI has repeatedly failed to comply with the procedures for ensuring the accuracy of its FISA applications, and its efforts to improve oversight policies in the wake of the Carter Page debacle have not gone nearly far enough. But there’s a more fundamental problem here: in practice, FISA applications are never subject to testing by defense counsel in court. No FBI internal compliance policy can compensate for that.”

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White House Economic Adviser Admits Higher Inflation Likely To Stick Around Longer

White House Economic Adviser Admits Higher Inflation Likely To Stick Around Longer

Authored by Tom Ozimek via The Epoch Times,

White House economic adviser Jared Bernstein told Fox News in a recent interview that inflation is likely to stay elevated longer than previously expected.

Bernstein told the outlet that he thinks the rate of inflation will come in at around 4 percent for 2021, before falling to 2.3 percent in 2022. He did not say when, precisely, he expects the rate will tick down next year, but noted inflation would likely stay high into the middle of next year.

His expectations closely track the Fed’s most recent predictions. While Bernstein did not specify which inflation measure he was referring to, his estimates are in line with the most recent Personal Consumption Expenditure (PCE) inflation projections from the Federal Open Market Committee (FOMC), the Fed’s policy-setting body.

After its most recent Sept. 21–22 meeting, the FOMC issued a revised set of economic projections (pdf) that estimate the PCE inflation rate at 4.2 percent for 2021, a sharp upward revision from June’s projection of 3.4 percent.

For 2022, Fed policymakers expect PCE inflation of 2.2 percent, up from an earlier projection of 2.1 percent.

However, the 18 members of the FOMC varied in their predictions, ranging in next year’s PCE inflation estimate from 1.7 percent to 3.0 percent.

Bernstein, like Fed officials and many economists, blame supply-side disruptions for the bulk of the recent inflationary spike. When supply chain dislocations get ironed out, inflation will subside, he argued.

Some economists have warned of the growing risk of stagflation—where economic growth falls while inflation stays high.

Economist Nouriel Roubini, known for his gloomy-yet-accurate forecast of the 2008 financial crash—a prediction he made at a time of peak market exuberance—warned in a recent op-ed that the global supply chain crisis, combined with high debt ratios and ultra-loose monetary and fiscal policies, threatens to turn the “mild stagflation” of recent months into a full-blown stagflationary crisis.

Stephen Roach, former Morgan Stanley Asia chairman, on Wednesday became the latest high-profile economist to sound the alarm on the risk of the United States facing 1970s-style stagflation. Roach thinks the energy price spike is inflicting major damage to struggling supply chains, pushing up the risk of higher price growth even if the economy slows down.

While Fed officials maintain that the current bout of inflation is temporary and will abate once supply chain dislocations ease, they’ve acknowledged that inflation has been higher and longer-lasting than they previously believed.

New York Federal Reserve Bank President John Williams said on Sept. 27 that consumer expectations for what the rate of inflation will be several years down the road remain “well-anchored” at around the Fed’s 2 percent objective, though he said there are upside risks and a “great deal of uncertainty” around the inflationary outlook.

Tyler Durden
Fri, 10/01/2021 – 13:40

via ZeroHedge News https://ift.tt/3F7OaN9 Tyler Durden

The FBI’s Secret FISA Court Surveillance Applications Are Chock Full of Screw-Ups


FBIFISA_1161x653

The FBI has done an even worse job properly double-checking the accuracy of warrant applications to secretly snoop on Americans than was previously known, a new report details this week.

We’re talking about the use of the classified surveillance processes of the Foreign Intelligence Surveillance Act (FISA) Courts to get permission to wiretap or otherwise spy on Americans who are suspected of involvement in crimes or actions that involve national security.

Because this surveillance is kept secret from the citizens and they don’t have the option to defend themselves or argue their innocence, the FISA Court is supposed to serve as a mechanism of due process, making sure that the FBI does its due diligence when requesting to snoop on citizens.

But this process is inherently dependent on the FBI’s own accuracy in its documentation and its honesty, and both of those came under question when the FBI got permission on multiple occasions from the FISA Court to wiretap Carter Page, a former aide to President Donald Trump when he was running for office in 2016.

Page’s ties to the Russian government prompted concerns about foreign influence on the campaign and the FBI got permission four times from the FISA Court to wiretap him. Page, ultimately, was never charged with any crimes. In 2020, an investigation from the Office of the Inspector General (OIG) for the Department of Justice found the FBI made numerous mistakes and withheld important information from the FISA Court in the Page warrant applications.

Subsequent to the Page investigation, Inspector General Michael E. Horowitz organized an audit to determine whether similar problems were happening with the other FISA warrant applications targeting Americans. In a 2020 memorandum, Horowitz determined that the FBI regularly neglected following its own procedures to make certain each FISA warrant application is as accurate as possible. Out of 29 FISA warrant applications to surveil Americans, the OIG found that 25 of them had errors or “inadequately supported facts.” And the other four were missing the associated files that showed that the FBI agents involved were following so-called Woods procedures—the policies the FBI came up with in 2001 to make sure each warrant was properly detailed.

A report released Thursday details the results of the audit ordered by Horowitz, and the problems go even deeper. Out of 7,000 FISA applications between 2015 and 2020, the OIG found 183 instances where those aforementioned Woods files were “missing, destroyed, or incomplete,” meaning the accuracy of those warrant applications may be difficult or impossible to prove.

As for the accuracy of the files that did exist, there was more bad news. The OIG went back through those 29 warrant applications and found even more errors. It found more than 200 additional errors or omissions on top of the previous 200 errors or omissions in those 29 applications it had reported in 2020. The audit notes:

We believe that these shortcomings occurred primarily because the FBI and [National Security Division] generally did not place sufficient emphasis or attention on the need for rigorous supervisory review of a completed Woods File and robust oversight of the Woods Procedures during the time period covered by our review. Further, certain public statements from FBI and NSD officials appeared to display a tolerance for error that is inconsistent with the FBI’s policy that applications be scrupulously accurate.

The OIG seems pretty clear that it’s not happy with what seems like a sloppy culture at the FBI for its FISA warrant applications. The audit actually breaks down the types of errors it found in the documents, everything from deviations from what source information actually says, errors in dates, factual assertions that weren’t supported by data, typos, and misidentified sources.

The FBI responded in a statement that it appreciated and agreed with the OIG’s recommendations to assure more accurate FISA applications and is working on implementing reforms.

Ashley Gorski, senior staff attorney at the ACLU’s National Security Project, takes note here of consistent concern that citizens who end up in the FBI’s crosshairs don’t have the assistance of legal representation to speak on their behalf. This is an issue that civil rights and privacy groups have been attempting to get addressed.

“Today’s Inspector General report provides yet more evidence that FISA surveillance is in need of reform,” Gorski said Thursday in a prepared statement. “The FBI has repeatedly failed to comply with the procedures for ensuring the accuracy of its FISA applications, and its efforts to improve oversight policies in the wake of the Carter Page debacle have not gone nearly far enough. But there’s a more fundamental problem here: in practice, FISA applications are never subject to testing by defense counsel in court. No FBI internal compliance policy can compensate for that.”

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In Welcome News For Cryptos, Biden Admin Seeks To Regulate Stablecoin Issuers As Banks

In Welcome News For Cryptos, Biden Admin Seeks To Regulate Stablecoin Issuers As Banks

As we noted earlier, traders have been at a loss to explain today’s sharp 10% move higher in bitcoin and the broader crypto universe, with a variety of explanations being proffered including Jerome Powell’s comments Thursday that the central bank had “no intention” to ban cryptocurrencies, others pointing to Chamath’s statement that Bitcoin has “effectively replaced gold”, some pointing to Visa’s announcement on Thursday outlining for what it calls a “universal payments channel” that will facilitate CBDC transactions and which will be deployed on an Ethereum layer, while the more technical traders cited price levels such as moving averages that are closely watched by technical analysts.

And while it is likely that today’s burst higher in the crypto sector is some combination of all of these, we can now add one more reason for near-term crypto optimism: amid rampant speculation that the US Treasury and/or regulators seek a permanent crackdown on stablecoins such as Tether and Circle’s USDC – which has for a long time been viewed as the weakest link in the crypto ecosystem, with many speculation that it facilitates currency flight out of China – moments ago the WSJ reported that the Biden administration is considering ways to impose bank-like regulation on the cryptocurrency companies that issue stablecoins, including prodding the firms to register as banks.

Just as importantly, the administration is also expected to urge Congress to consider legislation to create a special-purpose charter for such firms that would be tailored to their business models, the WSJ sources said.

According to the WSJ, the moves “are intended to address regulators’ fears that stablecoins—digital currencies pegged to national currencies like the U.S. dollar—could fuel financial panics and need to be more tightly regulated.” This would take place in parallel with the Financial Stability Oversight Council deciding whether to designate stablecoin activities as systemically important.

From the administration’s perspective, it would be preferable if Congress were to impose or authorize a bank-like regulatory framework for stablecoins, as well as a series of investor protections for cryptocurrencies. If Congress doesn’t act, and its other recommendations go unheeded, the administration wouldn’t be reluctant to use FSOC, one of the people said.

And since it appears that bank-like regulation for stablecoins is now inevitable, it is also virtually assured that stablecoins will be deemed systematically important.

Which is actually great news for both stablecoins, and the greater crypto ecosystem, because it means that instead of crushing this vital link between fiat and digital tokens and seeking to snuff out cryptocurrencies at the root – as China has done – the US will instead push aggressively with a regulatory approach, one which most industry participants had already expected.

Indeed while at present many stablecoins are lightly overseen at the state level, some companies, such as Circle, have said they are seeking to become banks. And at least some members of Congress, such as Sen. Cynthia Lummis (R., Wyo.), have recently signaled that stablecoins may need to be regulated in this manner.

“It may be the case that stablecoins should only be issued by depository institutions” or by firms regulated as mutual funds, Ms. Lummis said in a Senate speech this week.

One company – which is already a bank and is certain to have a substantial advantage over its peers when the new regulation is implemented – will be Silvergate Capital, a bank which as Morgan Stanley dubbed earlier this week when it initiated coverage dubbed “a crypto bank like no other.” Furthermore, the fact that Silvergate will be the issuer of Facebook’s upcoming stablecoin, Diem – and one can be absolutely certain that once cleared, Facebook will seek to not only capitalize the ongoing shift to digital currencies but monopolize as much of it as it can – only assures that when the administration does move on with its treatment of stablecoins, SI will be one of the biggest winners. And, with a market cap of just $3 billion, we fully expect the company to be acquired by either its JV partner Facebook or some other major bank at multiples of its current market value.

Tyler Durden
Fri, 10/01/2021 – 13:20

via ZeroHedge News https://ift.tt/3kXI1uK Tyler Durden

Crazy Feedback Loops & A Brutal Unwinding Of Positions

Crazy Feedback Loops & A Brutal Unwinding Of Positions

Via Into The Swarm blog,

“I like these calm little moments before the storm. It reminds me of Beethoven. Can you hear it? It’s like when you put your head to the grass, and you can hear the growin’, and you can hear the insects. Do you like Beethoven?”  

– Léon.

Down the Market Hole

In his famous book 12 Rules for Life: An Antidote to Chaos, Canadian clinical psychologist Jordan Peterson argues that positive feedbacks are one of the main drivers of diseases such as alcohol addiction:

“Imagine a person who enjoys alcohol, perhaps a bit too much. He has a quick three or four drinks. His blood alcohol level spikes sharply. This can be extremely exhilarating, but it only occurs while blood alcohol levels are actively rising, and that only continues while the drinker keeps drinking. When he stops, not only does his blood alcohol level plateau and then start to sink, but his body begins to produce a variety of toxins. Withdrawal starts as the anxiety systems that were suppressed start to hyper-respond. A hangover is alcohol withdrawal. To continue the warm glow, and stop the unpleasant aftermath, the drinker may just continue to drink until all the liquor in his house is consumed, the bars are closed, and all his money is spent.”

The fact that this concept also applies to capital markets should not as a surprise, especially after years of intense dip buying activity. In fact, feedback loops have been highlighted by econophysicists and behavioral finance experts for a while. As Robert Shiller wrote in 2017:

“When speculative prices go up, creating successes for some investors, this may attract public attention, promote word-of-mouth enthusiasm, and heighten expectations for further price increases.”

Since March 2009, equity investors have realized that any correction would finally lead to a positive outcome. At the beginning, it took a long time before a positive emotion emerged. But as the bull run accelerated, the reward came faster and faster. Today, all dip – even micro-dips – are almost instantaneously bought by a bunch of traders driven by Pavlovian reflexes, leading to quick gains and reinforcing the power of positive feedback loops.

As a result, the market is starting to feel invincible (again). When that happens, the system becomes more vulnerable to even small shocks, as most participants hold a direct or indirect short position on volatility, and it does not take more to derail the machine.

People always wonder what could trigger a correction. But that question may be secondary, as several research papers emphasized the role of endogenous catalysts in large fluctuations regimes (see “Exogenous and Endogenous Price Jumps Belong to Different Dynamical Classes”). Therefore, what really matters is the market positioning in terms of risk management, and especially its tolerance to a jump in volatility.

The 1987 crash is a good illustration of the role played by endogenous dynamics and the risk associated with out-of-control positive feedbacks.

Indeed, that severe fall was mainly due to internal forces, as participants had become highly correlated to each other. When prices started moving the other way, a negative emotion instantaneously propagated through the system, leading to the agglomeration of seller flows and a collapse in liquidity.

The outcome was the perfect illustration of Benoit Mandelbrot’s “Noah effect,” i.e. a discontinuous adjustment of prices rendering ineffective protection mechanisms such as stop-loss orders.

You should never forget that the trend is your schizophrenic friend, meaning that sometimes it can disappear without warning.

Red Queens Narratives

The US stock market has become entirely dependent on the continuation of those positive feedback loops which have been exacerbated by the Fed’s desire to fuel the rise in financial assets. This is the reason why Jerome Powell has no choice but to assert that inflation will magically disappear in a few months, because any serious hawkish tone could lead to a brutal unwinding of positions.

From a behavioral perspective, the ongoing bull market mostly relies on the intersubjective idea that money printing will never end, and that quantitative easing is extremely positive for stocks (which is not necessarily the case in economic terms, but that is another debate). To learn more about the importance of narratives in finance, please read “Narratives Matter, Until They Don’t: Introduction to the Intersubjective Markets Hypothesis.”

As long as the market adheres to the “transitory inflation” narrative, then the Fed can continue to play that tricky card a little longer. But everyone should be careful, because as soon as the tide turns, the reversal may be far too brutal given the extreme complacency of investors.

Tyler Durden
Fri, 10/01/2021 – 12:59

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

“Are the Authors of Consumer Reviews Protected by Anti-SLAPP Laws?”

An interesting post by Paul Alan Levy (Consumer Law & Policy Blog), about a brief that Public Citizen just filed in VIP Pet Grooming Studio, Inc. v. Sproule; as the cases cited in the brief make clear, many courts do view such reviews as matters of public concern that are protected by anti-SLAPP statutes, though the trial court here took the opposite view.

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The Excessive, Unjust Enforcement of Petty Traffic Laws Causes Too Many American To Lose their Driver’s Licenses


Police_traffic_stop_Millington_TN_2013-11-24_001

Most Americans’ most frequent direct encounter with their government is through their government’s agents stopping them for moving through the world in a motor vehicle in a disapproved manner, then fining them for some infraction—often one harmless to others.

Those fines need not be (and generally are not) adjusted to any poor citizen’s actual ability to pay. As a result, many Americans find themselves criminals for not being able to afford these sorts of petty fines, commonly losing the ability to drive, which often means losing the ability to make a living to pay those fines without undue hardship. This situation got so bad in Virginia that at one point, one in six licensed drivers had their licenses suspended—not over behavior that actually harmed others, but often just over not paying the state the money it was trying to mulct from them.

The Wilson Center for Science and Justice at Duke University Law School analyzed the grim results of such petty law enforcement fines in the state of North Carolina in a new study.

It’s a tough topic to find granular knowledge about nationally, as the study points out: “Unfortunately few states maintain any criminal legal debt data at all, much less regarding how fines and fees affect their residents. Similarly, national data does not exist concerning driver’s license suspensions for non-driving-related reasons, and few states maintain such data. But we know that millions, at a minimum, have experienced such suspensions.”

Focusing on their home state of North Carolina, the Wilson Center’s researchers found around 1.2 million citizens had their licenses suspended dating back to the 1980s for either failing to pay a fine or failing to appear in court, with black and Latino citizens having suspensions disproportionate to their percentage of the population. A survey of state residents they conducted found 28 percent of those with suspended driver’s licenses reported their suspensions had led them to be evicted from their homes. Many cannot possibly survive in America without the legal ability to drive, so they do so anyway—which can lead to more criminal prosecutions and fines merely for continuing to drive (even perfectly safely) without official permission.

One in 12 North Carolinians has some unpaid criminal court debt, which builds on itself; another $50 is added to your debt to the courts if you are 40 days late on paying your old debt. “The underlying causes that bring people to court” that lead to “failure to comply” orders for not paying assessed fines, “such as unpaid parking tickets, often pale in comparison to the amounts people end up owing.”

Such “failure to comply” fines, the Wilson Center found, are more than 12 times as likely to be for traffic or other misdemeanors or infractions as for felonies. And they are, obviously, essentially crimes of poverty: Those making over $50,000 a year are 46 percent less likely to have license suspensions in North Carolina. (A judge in Tennessee in 2018 recognized that it’s dumb and cruel public policy to punish people with such suspensions with no attempt to figure out ability to pay.)

As the study concludes, “The steady increase in license suspensions and fines and fees can create a vicious cycle of court debt and consequences that often last for years. Indeed, for many people it never ends. People can accumulate thousands of dollars in debt they cannot pay off, in part because maintaining a job is exponentially harder without a driver’s license….These policies offer little to no public benefit—and in fact, are counterproductive; they create barriers to working and contributing to the economy, punish the poor, and disproportionately cause serious harms to families and communities of color.”

That sort of punishment and disruption from combining poverty with minor traffic offenses should be rethought. Unfortunately, given how many localities are overly reliant on such petty fines to keep themselves afloat, it’s a politically difficult fight.

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“Are the Authors of Consumer Reviews Protected by Anti-SLAPP Laws?”

An interesting post by Paul Alan Levy (Consumer Law & Policy Blog), about a brief that Public Citizen just filed in VIP Pet Grooming Studio, Inc. v. Sproule; as the cases cited in the brief make clear, many courts do view such reviews as matters of public concern that are protected by anti-SLAPP statutes, though the trial court here took the opposite view.

from Latest – Reason.com https://ift.tt/3meeBYJ
via IFTTT

“It Really Is THAT Good” – Wall Street Reacts To Merck’s “Big Deal” Drug

“It Really Is THAT Good” – Wall Street Reacts To Merck’s “Big Deal” Drug

As we reported earlier this morning, Merck has released what experts say are “extremely positive” test results for a COVID anti-viral that cuts risk of hospitalization in half, while also dramatically reducing the risk of death. The data were so profoundly positive that an oversight board ended the trial, claiming that withholding the drug from patients in the placebo group would be “unethical”.

Merck says it can deliver 10MM doses of the new drug, called Molnupiravir, by the end of the year, by which it should be approved by the FDA and possibly foreign regulators as well (the wheels of bureaucracy are reportedly turning as quickly as they can).  Merck is submitting an emergency application for authorization of the drug, and we may see it in use during the next two weeks. The regiment is 2 pills a day for 5 days, and it’s most helpful within 5 days of infection.

The news has sent US stocks into the green for the day, while shares of Merck briefly soared as much as 12%.

Meanwhile, shares of Moderna are really taking it on the chin, and have fallen by more than 10%.

After failing to foresee the potential “game-changing” impact of the new drug, Wall Street analysts are scrambling to interpret what Molnupiravir will mean for markets and the economy.

In a roundup of commentary from Bloomberg, most agreed that the drug would be a “game-changer” for the pandemic, and that it will likely receive emergency use authorization before the end of the year.

Evercore ISI analyst Umer Raffat referred to the pill as a game changer for Covid-19, writing that the data “really is THAT good”.

  • Expects oral pills to be a “big deal” in combating Covid with the ease of use and scale of manufacturing being a game changer
  • From MRK stock perspective, pipeline should finally start to get real credit – starting with this readout today”

Barclays analyst Carter Gould expects a straightforward regulatory decision for the pill to receive emergency use authorization from the FDA with the data representing a needed win for Merck in combating Covid-19.

  • Highlights that the Street had estimated near-zero value for the drug prior to today’s news with Merck set up well to book a $1.2 billion contract later this year.

Cantor analyst Louise Chen highlighted that the data showed consistent efficacy across Gamma, Delta, and Mu variants and said the pill could “change the treatment paradigm”

  • “Positive data could clear path to take a slice of an untapped pie in the COVID treatment landscape (multi-blockbuster opportunity in the U.S. alone)”

SVB Leerink analyst Daina Graybosch wrote that the drug could unlock more than $10b in near-term orders and also “represent the best option for bringing the pandemic under control worldwide”.

  • Expects approval in the U.S. before year-end with additional supply contracts in the coming weeks

Morgan Stanley’s Matthew Harrison wrote that the data are a significant positive for patients and the broader public’s risk perception as it relates to COVID

* * *

Source: Bloomberg

Tyler Durden
Fri, 10/01/2021 – 12:40

via ZeroHedge News https://ift.tt/3FkjIj5 Tyler Durden

The Excessive, Unjust Enforcement of Petty Traffic Laws Causes Too Many American To Lose their Driver’s Licenses


Police_traffic_stop_Millington_TN_2013-11-24_001

Most Americans’ most frequent direct encounter with their government is through their government’s agents stopping them for moving through the world in a motor vehicle in a disapproved manner, then fining them for some infraction—often one harmless to others.

Those fines need not be (and generally are not) adjusted to any poor citizen’s actual ability to pay. As a result, many Americans find themselves criminals for not being able to afford these sorts of petty fines, commonly losing the ability to drive, which often means losing the ability to make a living to pay those fines without undue hardship. This situation got so bad in Virginia that at one point, one in six licensed drivers had their licenses suspended—not over behavior that actually harmed others, but often just over not paying the state the money it was trying to mulct from them.

The Wilson Center for Science and Justice at Duke University Law School analyzed the grim results of such petty law enforcement fines in the state of North Carolina in a new study.

It’s a tough topic to find granular knowledge about nationally, as the study points out: “Unfortunately few states maintain any criminal legal debt data at all, much less regarding how fines and fees affect their residents. Similarly, national data does not exist concerning driver’s license suspensions for non-driving-related reasons, and few states maintain such data. But we know that millions, at a minimum, have experienced such suspensions.”

Focusing on their home state of North Carolina, the Wilson Center’s researchers found around 1.2 million citizens had their licenses suspended dating back to the 1980s for either failing to pay a fine or failing to appear in court, with black and Latino citizens having suspensions disproportionate to their percentage of the population. A survey of state residents they conducted found 28 percent of those with suspended driver’s licenses reported their suspensions had led them to be evicted from their homes. Many cannot possibly survive in America without the legal ability to drive, so they do so anyway—which can lead to more criminal prosecutions and fines merely for continuing to drive (even perfectly safely) without official permission.

One in 12 North Carolinians has some unpaid criminal court debt, which builds on itself; another $50 is added to your debt to the courts if you are 40 days late on paying your old debt. “The underlying causes that bring people to court” that lead to “failure to comply” orders for not paying assessed fines, “such as unpaid parking tickets, often pale in comparison to the amounts people end up owing.”

Such “failure to comply” fines, the Wilson Center found, are more than 12 times as likely to be for traffic or other misdemeanors or infractions as for felonies. And they are, obviously, essentially crimes of poverty: Those making over $50,000 a year are 46 percent less likely to have license suspensions in North Carolina. (A judge in Tennessee in 2018 recognized that it’s dumb and cruel public policy to punish people with such suspensions with no attempt to figure out ability to pay.)

As the study concludes, “The steady increase in license suspensions and fines and fees can create a vicious cycle of court debt and consequences that often last for years. Indeed, for many people it never ends. People can accumulate thousands of dollars in debt they cannot pay off, in part because maintaining a job is exponentially harder without a driver’s license….These policies offer little to no public benefit—and in fact, are counterproductive; they create barriers to working and contributing to the economy, punish the poor, and disproportionately cause serious harms to families and communities of color.”

That sort of punishment and disruption from combining poverty with minor traffic offenses should be rethought. Unfortunately, given how many localities are overly reliant on such petty fines to keep themselves afloat, it’s a politically difficult fight.

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