US Bases In Both Iraq & Syria Under Fresh Rocket Attacks

US Bases In Both Iraq & Syria Under Fresh Rocket Attacks

During the week of the Jan.3rd second anniversary of the 2020 killing by US drone strike of IRGC commander Gen. Qassem Soleimani, there’s been a spate of attacks on bases where American troops are stationed in Iraq and Syria. On Wednesday there’s been three consecutive attacks so far

As ABC News details, “Iraqi military bases hosting U.S. troops in Iraq’s western Anbar province and the capital of Baghdad were hit by Katyusha rockets Wednesday while in Syria, eight rounds of indirect fire landed inside a base with members of the U.S.-led coalition, the Iraqi and U.S. militaries said.”

Image of Ain Assad base showing aftermath of Jan.2020 Iranian ballistic missile attack, intended as “revenge” for the Jan.3 Soleimani killing.

This includes a rocket attack on al-Assad base in Western Iraq, after the day prior small drones targeted the base, but which were downed by the US anti-air systems operating there.

In Syria the base named ‘Green Village’ in Deir Ezzor was targeted in a fresh attack, the day following US ‘preemptive’ action against suspected rocket launch sites used by area militias.

The US-led Coalition on Wednesday issued a rare statement very openly blaming what it called “Iran-supported malign actors”. US forces responded with artillery rounds, according a regional correspondent. 

“Our Coalition continues to see threats against our forces in Iraq and Syria by militia groups that are backed by Iran,” the statement said, singling out the Islamic Republic. “These attacks are a dangerous distraction from our Coalition’s shared mission to advise, assist & enable partner forces to maintain the enduring defeat of Daesh.”

US forward operating bases in Syria are especially vulnerable to possible attack, given their smaller size compared to Iraq bases where Americans are hosted. 

Images in the aftermath of the attack in Syria were released Wednesday…

Despite the usual Iran blame-game coming out of the Pentagon, it also remains that Syrian Army and pro-Assad national forces want to see the US occupation come to an end. Could this be the start of a pressure campaign being waged from Damascus? 

After all, if Assad decided to seek imposing a significant “cost” on US forces being there (chiefly in the oil-rich northeast, as well as al-Tanf on the Iraq border), it would indeed create huge problems back in Washington, given the current status of a relatively ‘undefined’ mission there.

Tyler Durden
Wed, 01/05/2022 – 14:21

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California Escalates Its War on the Marijuana Black Market


marijuanagrower_1161x653

Having utterly failed to end the marijuana black market in California, lawmakers have decided to backslide into the drug war by increasing fines on those who operate outside of the state’s very costly and tightly regulated legal cannabis system.

California will begin 2022 not just by increasing taxes on legal marijuana cultivation but also by introducing new fines against anybody “aiding and abetting” any unlicensed dealers in the state.

Lawmakers passed A.B. 1138 in September, and it was signed into law by Gov. Gavin Newsom in October to take effect at the start of 2022. California law establishing recreational marijuana already permits civil penalties against unlicensed marijuana dealers. A.B.1138 threatens civil fines of up to $30,000 per violation against anybody providing assistance to an unlicensed dealer. And each day of doing so counts as a new violation.

California’s implementation of recreational cannabis regulations, authorized by the passage of Proposition 64 in 2016, has been a massive mess. The ballot initiative allowed for municipalities to decide whether to allow cultivation and dispensaries, and two-thirds of them still refuse to do so despite the public vote. The state levies high cultivation and excise taxes that are escalated further by local sales taxes in any municipality that does allow for dispensaries to open up shop.

The result has been price and availability issues so severe that experts estimate that between two-thirds and three-quarters of all marijuana purchases take place through unlicensed dealers, which means that the state isn’t getting its share of the revenue. The problem is so severe that the editorial board at the Los Angeles Times recently acknowledged that high taxes for goods fuel black markets.

But instead of eliminating or reducing these taxes, the state is instead taking a more punitive approach. And it’s not just lawmakers looking to make sure the state is getting its cut of the money. The bill was introduced by Assemblywoman Blanca E. Rubio (D–Baldwin Park), but the Assembly analysis of her proposal explains that it was co-sponsored by the United Cannabis Business Association and The United Food and Commercial Western (UFCW) States Council, the union that represents some licensed cannabis industry workers. Several licensed cannabis industries and trade groups have also signed on in support.

“[T]he illicit cannabis market must be shut down to ensure that legal operators can see an increase of patients and consumers which creates union jobs, and increase revenue for childcare workers,” states a message of support by the United Cannabis Business Association. In the old days of the war on drugs, enforcers insisted police needed to shut down drug dealers in order to protect the children. Now a cannabis trade organization says police need to shut down the illegal drug dealers in order to protect subsidies for state-funded childcare workers. Somehow it’s all still about the children, though the list of supporters is big on licensed cannabis companies and groups and bereft of any actual child welfare organizations.

The bill was opposed by several human rights groups, including the American Civil Liberties Union (ACLU) Action California and the Drug Policy Alliance. They know full well exactly what’s going to happen when this starts getting enforced.

“A.B. 1138 unnecessarily adds upon existing criminal and civil penalties and exposes low-income, wage-earning employees to particular harm. The bill subjects employees with no equity stake in the business to severe civil sanctions, potentially higher than those applicable to the owners of these operations,” the ACLU warns in a State Senate analysis. “Unpaid fines could expose these individuals to driver’s license suspension, arrest, jail, and wage garnishment. These civil penalties would be brought by the same prosecutor’s office that may charge criminal violations. Threatened with both jail time and onerous fines, a low-income person might be coerced into pleading unjustly to avoid the threat of massive fines and unpayable debt.

“In addition, because the bill would allow the proceeds of enforcement efforts to be retained by the prosecuting entities rather than deposited into the General Fund, this may lead to inequitably aggressive enforcement efforts in some communities and prosecution units created solely to generate cannabis fine revenue.”

There’s also a Section 230 angle to this bill. Section 230 of the Communications Decency Act generally provides websites and platforms from being liable for content posted by third parties, even if these people are, for example, unlicensed dealers posting cannabis ads. Some cannabis business representatives have been pushing for California to try to force illegal marijuana sales off the internet.

Weedmaps, a California-based platform for vendors, was a big target. The site used to have more than 5,600 listings from which consumers could order marijuana. But California has only about 1,200 licensed vendors, so that meant thousands of listings were from unlicensed dealers. Under pressure, Weedmaps pledged to drop unlicensed dealers back at the start of 2020. While many of them are gone, unlicensed vendors seem to be able to find ways to get around restrictions on this self-publishing platform.

UFCW makes it very clear they want the state to target online platforms for enforcement under A.B. 1138: “This bill will ensure that illegal and unlicensed cannabis operators will not be able to advertise on an internet website, online service, online application, or mobile application.”

But the internal analysis by the state’s Assembly warns that this might not happen the way the bill’s supporters think it will. The analysis warns that back when she was California’s attorney general, Kamala Harris’ first attempt to go after Backpage in 2016 for sex trafficking ads was a big bust because the site was covered by Section 230’s protections. Those protections were deliberately stripped away by Congress when it passed H.R. 1865, better known as SESTA-FOSTA. But while SESTA-FOSTA may make it possible for the feds to prosecute site operators for hosting sex trafficking, the bill does not mention drugs or drug-dealing. And so the analysis warns “federal law remains a substantial impediment to enforcement against advertisers of cannabis businesses.”

The state probably still won’t be able to go after web platforms in order to please the licensed dealers and the unions (who want the tax revenue to direct toward unionized state employees, and as Politico notes, have resisted attempts to lower taxes). And that’s why organizations like the ACLU and Drug Policy Alliance are raising alarm bells. This pressure to show that the state is doing something to shut down the unlicensed dealers will trickle down to targets that don’t have Section 230 protections. A.B. 1138 won’t end California’s marijuana black market. It will just ramp up a new union- and industry-mandated drug war.

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FOMC Minutes Shows Hawkish Fed Hiking “Faster Than Anticipated”, Warn Of Omicron Risks

FOMC Minutes Shows Hawkish Fed Hiking “Faster Than Anticipated”, Warn Of Omicron Risks

Since December 15th’s FOMC statement, bonds have been battered, the dollar is down modestly while stocks and gold are up strongly….

Source: Bloomberg

The short-end of the yield curve has risen dramatically, pricing in the new hawkish dot-plot offered by The Fed (for 2022) with a 73% chance of Fed hikes by March 2022 now ((from 40% pre-FOMC)…

Source: Bloomberg

Interestingly though, the market has rejected The Fed’s longer-term dots, presumably pricing in a policy-error/reversal…

Source: Bloomberg

All of which leaves the market desperately seeking clues today on the accelerated taper and timing of lift-off and trajectory of rate-hikes among the Minutes.

On the liftoff timing and pace of rate-hikes:

“Participants generally noted that, given their individual outlooks for the economy, the labor market, and inflation, it may become warranted to increase the federal funds rate sooner or at a faster pace than participants had earlier anticipated. Some participants also noted that it could be appropriate to begin to reduce the size of the Federal Reserve’s balance sheet relatively soon after beginning to raise the federal funds rate. Some participants judged that a less accommodative future stance of policy would likely be warranted and that the Committee should convey a strong commitment to address elevated inflation pressures.”

On Omicron’s impact:

“In particular, the possibility that COVID-19 cases could continue to rise steeply, especially if the Omicron variant proves to be vaccine resistant, was seen as an important source of downside risk to activity, while the possibility of more severe and persistent supply issues was viewed as an additional downside risk to activity and as an upside risk to inflation.”

“Members also agreed that, with the emergence of the Omicron variant, it was appropriate to note the risk of new variants of the virus in their assessment of risks to the economic outlook.”

Additionally, a key thing to understand from the Minutes is that there was a wide variety of views on when to start shrinking the balance sheet.

“almost all participants agreed that it would likely be appropriate to initiate balance sheet runoff at some point after the first increase in the target range for the federal funds rate.”

*  *  *

Read the full Minutes below:

Tyler Durden
Wed, 01/05/2022 – 14:08

via ZeroHedge News https://ift.tt/3q5Uak9 Tyler Durden

California Escalates Its War on the Marijuana Black Market


marijuanagrower_1161x653

Having utterly failed to end the marijuana black market in California, lawmakers have decided to backslide into the drug war by increasing fines on those who operate outside of the state’s very costly and tightly regulated legal cannabis system.

California will begin 2022 not just by increasing taxes on legal marijuana cultivation but also by introducing new fines against anybody “aiding and abetting” any unlicensed dealers in the state.

Lawmakers passed A.B. 1138 in September, and it was signed into law by Gov. Gavin Newsom in October to take effect at the start of 2022. California law establishing recreational marijuana already permits civil penalties against unlicensed marijuana dealers. A.B.1138 threatens civil fines of up to $30,000 per violation against anybody providing assistance to an unlicensed dealer. And each day of doing so counts as a new violation.

California’s implementation of recreational cannabis regulations, authorized by the passage of Proposition 64 in 2016, has been a massive mess. The ballot initiative allowed for municipalities to decide whether to allow cultivation and dispensaries, and two-thirds of them still refuse to do so despite the public vote. The state levies high cultivation and excise taxes that are escalated further by local sales taxes in any municipality that does allow for dispensaries to open up shop.

The result has been price and availability issues so severe that experts estimate that between two-thirds and three-quarters of all marijuana purchases take place through unlicensed dealers, which means that the state isn’t getting its share of the revenue. The problem is so severe that the editorial board at the Los Angeles Times recently acknowledged that high taxes for goods fuel black markets.

But instead of eliminating or reducing these taxes, the state is instead taking a more punitive approach. And it’s not just lawmakers looking to make sure the state is getting its cut of the money. The bill was introduced by Assemblywoman Blanca E. Rubio (D–Baldwin Park), but the Assembly analysis of her proposal explains that it was co-sponsored by the United Cannabis Business Association and The United Food and Commercial Western (UFCW) States Council, the union that represents some licensed cannabis industry workers. Several licensed cannabis industries and trade groups have also signed on in support.

“[T]he illicit cannabis market must be shut down to ensure that legal operators can see an increase of patients and consumers which creates union jobs, and increase revenue for childcare workers,” states a message of support by the United Cannabis Business Association. In the old days of the war on drugs, enforcers insisted police needed to shut down drug dealers in order to protect the children. Now a cannabis trade organization says police need to shut down the illegal drug dealers in order to protect subsidies for state-funded childcare workers. Somehow it’s all still about the children, though the list of supporters is big on licensed cannabis companies and groups and bereft of any actual child welfare organizations.

The bill was opposed by several human rights groups, including the American Civil Liberties Union (ACLU) Action California and the Drug Policy Alliance. They know full well exactly what’s going to happen when this starts getting enforced.

“A.B. 1138 unnecessarily adds upon existing criminal and civil penalties and exposes low-income, wage-earning employees to particular harm. The bill subjects employees with no equity stake in the business to severe civil sanctions, potentially higher than those applicable to the owners of these operations,” the ACLU warns in a State Senate analysis. “Unpaid fines could expose these individuals to driver’s license suspension, arrest, jail, and wage garnishment. These civil penalties would be brought by the same prosecutor’s office that may charge criminal violations. Threatened with both jail time and onerous fines, a low-income person might be coerced into pleading unjustly to avoid the threat of massive fines and unpayable debt.

“In addition, because the bill would allow the proceeds of enforcement efforts to be retained by the prosecuting entities rather than deposited into the General Fund, this may lead to inequitably aggressive enforcement efforts in some communities and prosecution units created solely to generate cannabis fine revenue.”

There’s also a Section 230 angle to this bill. Section 230 of the Communications Decency Act generally provides websites and platforms from being liable for content posted by third parties, even if these people are, for example, unlicensed dealers posting cannabis ads. Some cannabis business representatives have been pushing for California to try to force illegal marijuana sales off the internet.

Weedmaps, a California-based platform for vendors, was a big target. The site used to have more than 5,600 listings from which consumers could order marijuana. But California has only about 1,200 licensed vendors, so that meant thousands of listings were from unlicensed dealers. Under pressure, Weedmaps pledged to drop unlicensed dealers back at the start of 2020. While many of them are gone, unlicensed vendors seem to be able to find ways to get around restrictions on this self-publishing platform.

UFCW makes it very clear they want the state to target online platforms for enforcement under A.B. 1138: “This bill will ensure that illegal and unlicensed cannabis operators will not be able to advertise on an internet website, online service, online application, or mobile application.”

But the internal analysis by the state’s Assembly warns that this might not happen the way the bill’s supporters think it will. The analysis warns that back when she was California’s attorney general, Kamala Harris’ first attempt to go after Backpage in 2016 for sex trafficking ads was a big bust because the site was covered by Section 230’s protections. Those protections were deliberately stripped away by Congress when it passed H.R. 1865, better known as SESTA-FOSTA. But while SESTA-FOSTA may make it possible for the feds to prosecute site operators for hosting sex trafficking, the bill does not mention drugs or drug-dealing. And so the analysis warns “federal law remains a substantial impediment to enforcement against advertisers of cannabis businesses.”

The state probably still won’t be able to go after web platforms in order to please the licensed dealers and the unions (who want the tax revenue to direct toward unionized state employees, and as Politico notes, have resisted attempts to lower taxes). And that’s why organizations like the ACLU and Drug Policy Alliance are raising alarm bells. This pressure to show that the state is doing something to shut down the unlicensed dealers will trickle down to targets that don’t have Section 230 protections. A.B. 1138 won’t end California’s marijuana black market. It will just ramp up a new union- and industry-mandated drug war.

The post California Escalates Its War on the Marijuana Black Market appeared first on Reason.com.

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Turley: Could The Maxwell Conviction Be Tossed Over Juror Misconduct?

Turley: Could The Maxwell Conviction Be Tossed Over Juror Misconduct?

Authored by Jonathan Turley,

Ghislaine Maxwell’s conviction has been widely celebrated as bringing some justice to the victims of Jeffrey Epstein. However, that moment may prove fleeting in light of a startling disclosure made by one of the jurors to Reuters this week. A juror identified only by his first two names (“Scotty David”) admitted that he was able to sway fellow jurors by discussing his own experience with abuse. It is not clear if he disclosed that prior abuse on the juror questionnaire as part of the voir dire process. The disclosure could give Maxwell a strong argument for reversal if the prior abuse was not revealed and was then used in the jury room to pursue the jury after it deadlocked in its proceedings.

David, 35, told the Independent that the room went silent when he disclosed his past abuse. What is most concerning is that he seemed to suggest that his account was used to overcome the problem that jurors had with the failure of the victims to recall key facts in their testimony.  He also reportedly used his own experience to explain the delay in the victims disclosing their abuse.

He is quoted by Reuters as saying that “when I shared that, they were able to sort of come around on, they were able to come around on the memory aspect of the sexual abuse.”

That is troubling in itself. That is precisely why such past experiences are the subject of intense review during voir dire. The 230 prospective jurors were given questionnaires asking, among other things, if they or anyone in their families had experienced sexual abuse.

David could not remember if he answered affirmatively to that question and said that he “flew through” the questionnaire.

We have previously discussed major juror misconduct questions in high-profile cases like the prosecutions of Roger Stone. and Derek Chauvin. The First Circuit recently overturned the sentence of Boston Marathon bomber Dzhokhar Tsarnaev due to juror bias.  Nevertheless, I have been critical of judges who turn a blind eye to juror bias, including false answers on jury forms.

This would be exceptionally serious if a juror failed to disclose prior abuse and then used that prior abuse to influence jury deliberations. The Supreme Court has repeatedly declared that the “minimal standards of due process” demand “a panel of impartial, indifferent jurors.” I expect we will learn soon if the juror failed to disclose such abuse but it would be odd, if he did, that the defense did not question him about it.

Tyler Durden
Wed, 01/05/2022 – 13:38

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

Homeland Security: No Known “Threats” Ahead Of Capitol Hill Anniversary

Homeland Security: No Known “Threats” Ahead Of Capitol Hill Anniversary

Authored by Tammy Hung via The Epoch Times,

U.S. Homeland Security’s top official told reporters on Jan. 4 that the department was “not aware of any specific, credible threats at this point related to Jan. 6, 2022,” one year after protesters breached the Capitol building.

But at the same time we are operating at a heightened level of vigilance because we are at a heightened level of threat. The threat of domestic violent extremists is very grave,” Department of Homeland Security Secretary Alejandro Mayorkas told reporters in a conference call obtained by USA Today.

U.S. Capitol Police Chief Tom Manger told reporters on Tuesday that while the Capitol Police are aware of several events planned for Thursday, there is “no intelligence that indicates there would be any problems.”

Manger also indicated that there were “over 8,000” threats last year, up from 4,000–5,000 a few years prior, in the form of phone calls, emails, and social media messages.

In a bill passed in July 2021, Congress allocated $300 million to upgrade security measures at Capitol Hill. The $300 million budget was “merely focused on windows and cameras” according to Capitol Architect Brett Blanton.

Under a separate budget, damaged windows from the Capitol Hill breach have been repaired, while door reinforcements have been put in place along with security lighting upgrades and electrical systems for surveillance detection, Blanton stated.

The Capitol Police recently came under fire for “critical deficiencies with operational planning, intelligence, staffing, and equipment,” according to Manger’s Jan. 5 testimony (pdf) before the Senate.

Of the 103 recommendations issued by the inspector general, Capitol Police has “implemented and/or addressed over 90 of them,” the testimony continued.

Based on recommendations from the Committee on Rules and Administration, Capitol Police will be implementing additional training and communication enhancements, among other measures.

While Democratic lawmakers have pushed the narrative that the Jan. 6 breach was an “insurrection” led by former President Donald Trump supporters, Trump himself, via lawyers, has denied that he incited violence. During a Jan. 6, 2021 speech, he called on demonstrators to “peacefully and patriotically make [their] voices heard.”

The former president has cancelled his press conference at Mar-a-Lago previously scheduled on Thursday, the one-year anniversary of the Capitol Hill incident.

“In light of the total bias and dishonesty of the January 6th Unselect Committee of Democrats, two failed Republicans, and the Fake News Media, I am canceling the January 6th Press Conference at Mar-a-Lago on Thursday, and instead will discuss many of those important topics at my rally on Saturday, January 15th, in Arizona—It will be a big crowd!” he said in a statement.

Tyler Durden
Wed, 01/05/2022 – 13:21

via ZeroHedge News https://ift.tt/3G31bYk Tyler Durden

FOMC Minutes Preview: Look For Rate Hike Clues

FOMC Minutes Preview: Look For Rate Hike Clues

Submitted by Newsquawk

SUMMARY: The upcoming minutes will be viewed for commentary regarding the latest Fed decision to double its tapering of asset purchases which on the current schedule is set to end in March, although the Fed provided optionality noting that this can be adjusted if economic conditions warrant it, therefore commentary on what conditions might prompt another change will be a focus. We also saw the latest summary of economic projections, which now sees three hikes this year. The timing of the first hike will be of key importance, hawks have suggested it could come as early as March once the asset purchases conclude and any commentary around this in the minutes will be key. Powell noted they had a discussion on the balance sheet although no decisions were made at the December meeting, while he also noted that the timing between rate hikes and the conclusion of asset purchases will be discussed in upcoming meetings, so clues on these themes will also be in focus.

ASSET PURCHASES: The latest FOMC Meeting saw the Fed double its tapering of asset purchases to USD 30bln a month (consisting of USD 20bln in Treasuries and USD 10bln in MBS), which will start in January. Fed guidance was also for this to be tapered by the same amount again in February to see them conclude by mid-March, although the Fed left the optionality open that this could be adjusted if economic conditions warranted it. The minutes will be eyed for clues to see what this would entail, or as well to gauge policymaker views and see if the hawks would have preferred a larger reduction of asset purchases or the doves preferred a more conservative approach, although the final decision was unanimous.

LIFT-OFF: The meeting also saw an update of the latest Summary of Economic Projections which saw the dot plots pencil in three hikes this year, revising up its view from one hike pencilled in at the September FOMC (recall that in September, the Committee was essentially split on the potential need for a second 2022 rate hike); longer-term, it has left its terminal rate view unchanged, however. Recent commentary from Fed Governor Waller (Hawk) suggested that the whole point of accelerating the bond taper was to make the March Fed meeting a live one for the first rate hike, adding that his base case is that March is very likely for lift-off but it could be pushed back to May. Note, Fed’s Kashkari (Dove), who sees two hikes in 2022, expects the Fed’s threshold for raising rates will be met after April 2022 data is released, he said on January 4th. Any commentary around this in the minutes will be key to gauge the timing of the first lift off, although the Fed has stressed that they will be taking a data dependent approach once the asset purchases conclude. Fed Chair Powell reiterated that asset purchases and rate hikes are separate tools, and the extent to which they will be separated in time will be discussed over coming meetings.

BALANCE SHEET: Powell, on the balance sheet, noted the Fed had a balance sheet discussion at its December meeting but did not make any decisions on when the balance sheet would shrink. Meanwhile, Waller, sticking to his hawkish tone, suggested there is no reason to delay adjustment of the balance sheet and that a balance sheet of 20% of GDP is reasonable, compared to the current 35%, adding the Fed can move faster on this given the flow of the ON RRP facility. Waller also noted that a balance sheet runoff by Summer would help remove accommodation and ease the need of further rate hikes, adding there are yield curve considerations in waiting too long to reduce the balance sheet after policy rates start to rise. Therefore, any remarks or updates on the balance sheet will be in focus.

ECONOMY: The inflation forecasts at the latest FOMC meeting were also revised up, with headline PCE seen at 2.6% in 2022 (prev. 2.2%), while the core measure is seen at 2.7% (prev. 2.3%); in line with recent testimonies to lawmakers, the ‘transitory’ characterisation of inflation within its statement has been removed, and now frames the “elevated” levels of inflation as a function of supply and demand imbalances related to the pandemic and the reopening of the economy. Although, with 2023 and 2024 inflation forecasts also seen edging lower, they still see the recent inflation spikes as temporary. On the labour market, the Fed sees the jobless rate returning to 3.5% this year (prev. saw 3.8%), where it is likely to stay over its forecast horizon, with the Chair acknowledging the “rapid” progress that the labour market was making, although the pick-up in participation was subdued and disappointing, with Powell suggesting that it was now likely that higher participation will take longer than previously anticipated. Powell explained the subdued participation may be a result of people not wanting to go back into the labour force while COVID is still prevalent; lack of availability of childcare; Americans’ portfolios are stronger, and have higher savings. As inflation has exceeded 2%, the Committee continues to expect to maintain rates until labour market conditions have reached levels consistent with the Committee’s assessments of maximum employment. That said, there is clearly an urgency that has been injected by inflation, with the Chair stating that with inflation above target, the Fed cannot wait too long to get to maximum employment, and indeed, higher inflation was a threat to full employment.

Tyler Durden
Wed, 01/05/2022 – 13:02

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Electoral Count Act Reform

I want to call attention to an excellent op-ed in the Washington Post outlining a framework for reform of the Electoral Count Act. The Electoral Count Act is an 1887 federal statute that governs the process by which presidential electoral votes are transmitted to Congress and officially counted. It is a cumbersome statute that has long needed reform. The 2020 election has demonstrated how the statute can be exploited to steal an election, to put it bluntly, but the past few elections when Democratic legislators were calling for ballots to be cast out should have already highlighted the dangers. It is essential that Congress act now to close that door and avoid some truly ugly scenarios. The foot-dragging by Republican and Democratic leaders on this issue is unconscionable.

A bipartisan group of scholars — Ned Foley, Mike McConnell, Rick Pildes, and Brad Smith — published an op-ed laying out a good framework for reform. The key starting point is here:

To prevent another such event, which could be launched by either party in an effort to control the outcome of a hotly contested presidential election, a revision of the Electoral Count Act should be based on the following guidelines:

Whenever there is just one submission of electoral votes from a state — in other words, no competing slates of electors — Congress should disavow any power to question those electoral votes on the ground that there was something wrong with the popular vote upon which those electors were appointed. As long as the state itself has settled on who won that state through policies established in advance of the election, Congress has no role other than to accept those as being the state’s electoral votes.

But that is just the start. Read the whole thing.

Update: I see co-blogger Jonathan Adler beat me to the punch.

The post Electoral Count Act Reform appeared first on Reason.com.

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Cross-Ideological Support for Electoral Count Act Reform

One step that could help prevent another January 6 would be to reform the Electoral Count Act, so as to remove the ability of members of Congress to question or subvert certified election results. This is the argument made in an op-ed by law professors Edward Foley, Michael McConnell, Richard Pildes, and Bradley Smith — four aw professors that span the political spectrum and agree on very little.

Their argument for ECA reform is based upon two principles:

First, to avoid a repeat of Jan. 6, or worse, Congress must rewrite the Electoral Count Act, the outmoded 1887 law that governs the certification of the presidential vote. There is a pressing need for a clear set of rules to govern the certification of the presidential vote.

Second, this revision should be based on the premise that Congress is not a national recount board or a court for litigating the outcome of presidential elections. It is not the role of Congress to revisit a state’s popular vote tally.

As they explain, the current ECA created an opportunity for mischief. Solid reform could make January shenanigans more difficult.

In terms of what reform should look like, the four authors offer several guidelines:

Whenever there is just one submission of electoral votes from a state — in other words, no competing slates of electors — Congress should disavow any power to question those electoral votes on the ground that there was something wrong with the popular vote upon which those electors were appointed. As long as the state itself has settled on who won that state through policies established in advance of the election, Congress has no role other than to accept those as being the state’s electoral votes.

In a situation in which Congress receives conflicting submissions of electoral votes from different institutions of state government — something that has not occurred since 1876 and that we hope remains rare — Congress should incentivize states to identify in advance which institution is entitled to speak for its voters. If states do this, then Congress only has to count the electoral votes sent from the designated part of the state’s government.

If a state has failed to make clear which part of its government is authoritative in determining the popular vote, Congress could set a default rule (awarding power to the governor or state supreme court, for example). Or it could create in advance a nonpartisan tribunal empowered to identify which part of state government has a better legal claim for being authoritative under the specific circumstances.

Whichever approach Congress takes is less important than that the revised statute be unambiguous about how the matter is to be resolved. Uncertainty invites contestation at precisely the most dangerous point, on the eve of inaugurating the new president.

These guidelines seem sensible to me, and appear to represent the sort of reform that might actually obtain bipartisan support. Indeed, both Senators McConnell and Thune have suggested they would consider ECA reform.

On a related note, AEI’s Yuval Levin similarly urged policymakers to focus on postelection administration, including ECA reform, to increase transparency and accountability, in the New York Times.

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Electoral Count Act Reform

I want to call attention to an excellent op-ed in the Washington Post outlining a framework for reform of the Electoral Count Act. The Electoral Count Act is an 1887 federal statute that governs the process by which presidential electoral votes are transmitted to Congress and officially counted. It is a cumbersome statute that has long needed reform. The 2020 election has demonstrated how the statute can be exploited to steal an election, to put it bluntly, but the past few elections when Democratic legislators were calling for ballots to be cast out should have already highlighted the dangers. It is essential that Congress act now to close that door and avoid some truly ugly scenarios. The foot-dragging by Republican and Democratic leaders on this issue is unconscionable.

A bipartisan group of scholars — Ned Foley, Mike McConnell, Rick Pildes, and Brad Smith — published an op-ed laying out a good framework for reform. The key starting point is here:

To prevent another such event, which could be launched by either party in an effort to control the outcome of a hotly contested presidential election, a revision of the Electoral Count Act should be based on the following guidelines:

Whenever there is just one submission of electoral votes from a state — in other words, no competing slates of electors — Congress should disavow any power to question those electoral votes on the ground that there was something wrong with the popular vote upon which those electors were appointed. As long as the state itself has settled on who won that state through policies established in advance of the election, Congress has no role other than to accept those as being the state’s electoral votes.

But that is just the start. Read the whole thing.

Update: I see co-blogger Jonathan Adler beat me to the punch.

The post Electoral Count Act Reform appeared first on Reason.com.

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