Stephen Breyer’s Retirement Is Good News for the Fourth Amendment


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When President Bill Clinton tapped Stephen Breyer to fill a vacancy on the U.S. Supreme Court in 1994, he told the country that Breyer would be a justice who would “strike the right balance between the need for discipline and order, being firm on law enforcement issues but really sticking in there for the Bill of Rights.”

The news of Breyer’s impending retirement at the close of the Supreme Court’s current term gives us an opportunity to weigh Clinton’s words against Breyer’s record. Alas, the former president proved to be only half right. Breyer was certainly “firm” in his deference toward law enforcement. But that same judicial deference often led Breyer to do the opposite of “sticking in there for the Bill of Rights” when major Fourth Amendment cases arrived at SCOTUS.

Take Navarette v. California (2014). At issue was an anonymous and uncorroborated 911 phone call about an allegedly dangerous driver which led the police to make a traffic stop that led to a drug bust. According to the 5–4 majority opinion of Justice Clarence Thomas, “the stop complied with the Fourth Amendment because, under the totality of the circumstances, the officer had reasonable suspicion that the driver was intoxicated.” Law enforcement won big and Breyer signed on.

The deficiencies of that judgment were spelled out in a forceful dissent by Justice Antonin Scalia. “The Court’s opinion serves up a freedom-destroying cocktail,” wrote Scalia, who was joined in dissent by Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan. “All the malevolent 911 caller need do is assert a traffic violation, and the targeted car will be stopped, forcibly if necessary, by the police.” That disturbing scenario, Scalia wrote, “is not my concept, and I am sure it would not be the Framers’, of a people secure from unreasonable searches and seizures.” Breyer was apparently untroubled by that Fourth Amendment–shredding scenario.

Notably, this was not the first time that Scalia was more “liberal” than Breyer in a 5–4 Fourth Amendment case. One year earlier, in Maryland v. King (2013), Breyer joined Justice Anthony Kennedy’s controversial majority opinion allowing police to conduct warrantless DNA swab tests incident to arrest.

“Make no mistake about it,” Scalia protested in dissent, joined (again) by Ginsburg, Sotomayor, and Kagan. “As an entirely predictable consequence of today’s decision, your DNA can be taken and entered into a national DNA database if you are ever arrested, rightly or wrongly, and for whatever reason.” Breyer was apparently untroubled by that disturbing scenario too.

Breyer’s retirement will be good news for the Fourth Amendment as long as President Joe Biden picks a replacement who resembles Scalia more than Breyer in these sorts of cases.

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Will The UK’s Return-To-Normal Force Biden’s Hand?

Will The UK’s Return-To-Normal Force Biden’s Hand?

Authored by Thomas Buckley via AmericanThinker.com,

Tick, Tick, Tick…. Is the End Nigh?

The Prime Minister of the United Kingdom was facing an immediate political death sentence, so what did he do? He declared the pandemic over.

The question now on this side of the pond: Will Joe Biden—himself facing a political death sentence, though admittedly a few months away—learn anything from Boris Johnson?

As the already relatively-weak omicron variant wheezes towards its nadir, the calls to end COVID-related restrictions—to remove the elephant that has been sitting on the congested chest of the world—have grown louder and more insistent.

This increasing clamor has already appeared to cause an attitudinal shift amongst the denizens of the “caring-industrial complex,” with the groundwork to prepare the pandemic pathologicals amongst us for the upcoming change already begun. Reporting “with COVID” instead of “from COVID,” death rates instead of case rates now being referenced, and quarantine timings being shifted – all of these recent changes in media coverage and the CDC’s pronouncements are a hint of what is coming.

Looking at the evidence: Britain’s action, Denmark’s decision Wednesday to follow suit, massive public protests over the weekend, and a piece from The Lancet (the formerly well-respected science publication that unscientifically crushed the discussion of the COVID lab leak hypothesis) on the coming end of the pandemic. There can be no doubt a paradigm shift (in the actual meaning of the term) is underway.

All of this makes the argument within the administration even stronger for Biden to take the risk and claim victory by ending the pandemic. While it is true that Johnson—for political reasons—was unable to finesse the timing and had it thrust upon him (just as Marge Simpson’s sister, Selma, had celibacy thrust upon her), the decision can still be instructive to the Biden administration.

Image: Biden (edited in befunky). YouTube screen grab.

The Biden team will be watching the public reaction to the move intensely for it will allow them, to use a football analogy, a “free look at the defense” before they throw what could be seen as a political “Hail Mary.” Furthermore, they can now point to the U.K. and say “Hey, they did it and it worked out fine,” bolstering their own argument, reasoning, talking points, and the inevitable “no, this is obviously not political” claim. Finally, it will also put pressure on Biden to declare the pandemic over because keeping the status quo in the face of a “successful” end will become even more difficult. (If it’s a disaster, that’s a whole different cup of tea.)

Timing is still a serious and delicate issue, with a number of political observers on the left fuming over the possible end to their “emergency” powers, while observers on the right find it hard to believe that, due to the massive political advantage bestowed on the Democratic-entwined power brokers, the pandemic will ever end. But it should be noted that, while timing an announcement for Labor Day will leave people irritated for the entire summer, that scenario has one significant advantage: Due to its proximity to Election Day, it could be claimed that it would be too late to change the current “pandemic” voting systems.

That way, the pandemic is still officially over but the systemic edge—everyone gets mailed a ballot, drop boxes, harvesting, etc.—that has so indisputably and clearly benefited Democrats up and down the ballot could remain in place.

Declaring victory earlier could make for a more comfortable summer (spring, even?) and a nice bump in the polls, but it’s unknown how that would translate into November voter support, something Biden and his party desperately need. It would also mean that an even vaguely “legitimate sounding” (not actually real-life, honestly legitimate, just legitimate sounding) argument for keeping the systemic advantages in place would become far more difficult to make.

Finally, oddly for Biden, his calculation must consider, not so much his political opponents’ reaction, but that of his supporters. People who have been calling for this for months and years will simply shrug and wonder what took so long. People who have lived their lives in stunted fear and abject obedience could take a long time to return, kicking and screaming, to reality.

So happy Labor Day, My Felericans! (As Joe Biden would say.)

Tyler Durden
Thu, 01/27/2022 – 10:19

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Crime Is Down From Pre-Pandemic Levels in San Francisco (and Other Cities)


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Is crime up or down? It’s complicated. We’ve been hearing a lot of panic lately about crime in San Francisco, often offered in service of some political ends. Folks suggest that criminal justice reform measures—or mere demands for them—make America more dangerous. That liberal/progressive policies are driving social unrest and violence. That police need more money and governments need more ways to invade privacy.

But in San Francisco—and a number of other cities, large and small—crime is actually down from pre-pandemic levels. And in the Bay Area and other areas around the country, crime data are much more mixed than much of the moral panic would have you believe. Some crimes are up from last year but down from 2019 and preceding years. In a lot of places, homicides are up but overall violent crime, and/or other types of crime, are down.

According to the latest data out of San Francisco, violent crime in 2021 was up 1 percent over 2020 levels, and property crimes were up 11 percent. But the crime rate in 2021 was still lower than crime rates in 2014 through 2019.

“From 2014 to 2019, between 56,000 and 63,000 total violent and property crimes were recorded. In 2021, there were a total of 49,685 recorded crimes,” SFGate.com reports.

Rapes and robberies last year in San Francisco were at their lowest level since 2014. “We had 204 rapes reported last year which is a little bit below where we were in 2020. We saw a significant decrease between 2019 and 2020,” San Francisco Police Chief Bill Scott said at a press conference. “We ended the year with 2,242 robberies, which was a slight decrease from the previous year.”

Burglaries were up 40 percent from 2019, but down from their 2020 levels. Homicides were also up from 2019 levels, but the same as they were in 2017 and lower than in 2016.

In the Bay Area, “many cities — San Jose and Berkeley, for two — enjoyed a second consecutive year of decreases in property crime. And even those that endured year-over-year increases still have not risen back to pre-pandemic peaks,” notes The Mercury News. “Oakland saw a 7.5% increase in all property crime from 2020 but is still down 12.3% overall from 2019.…Even Walnut Creek — where a mid-November mass attack on a downtown Nordstrom reverberated nationwide — has seen property crime decline 9% from two years ago.”

All of this is to say that the narrative of a recent spike in crime across the board is just not accurate. And that’s not just true for San Francisco, but other areas around the country as well.

Trends mirrored elsewhere.

Violent crimes and property crimes are down in Boston.

“Cincinnati crime is at a 10-year low,” reported WVXU this week.

Overall crime was down 5 percent in Charlotte, the government there announced.

In Little Rock, Arkansas, “violent crime is trending down,” Little Rock Police Chief Keith Humphrey announced in late December.

“Violent crime trends down sharply in Jacksonville in 2021,” News4Jax reported.

In San Antonio, homicides were up in 2021 but overall crime was down.

In Amarillo, Texas, homicides were up—21 last year, 15 in 2020—but overall “violent crime decreased more than 10% in 2021 compared to 2020…The department also reported an 8% decrease in property crime in 2021.”

In Los Angeles, crime last year was up from 2020 but lower than in 2019. “There were a total of 204,205 crime reports in Los Angeles last year, everything from vandalism to stolen cars to homicide. That’s a 4.9% increase from 2020, when the city spent several months on lockdown. But it’s 5.4% below 2019,” reports Crosstown.

Crime downturns are far from universal, but they’re common enough to seriously complicate crime panic narratives. (Likewise, the idea that America is seeing a shoplifting crisis may be overblown.)

Anti-Asian hate crimes spiking? In other things-are-more-complicated-than-they-seem news, San Francisco is reporting a 567 percent spike in hate crimes against Asian Americans and Pacific Islanders (a factoid that has garnered headlines across the country). Preliminary numbers from last year show 60 such victims, according to San Francisco Mayor London Breed. This is up from nine victims in 2020.

However, more than half of these crimes—mostly vandalism and some robberies—were committed by one person. That leaves us with much less of a general increase in anti-Asian hate crimes and more of a one-man spree.

“More than 30 of the 60 incidents were committed by the same offender. An individual we arrested last August,” Police Chief Scott said. That person—36-year-old Derik Barreto—was arrested and charged with four counts of second-degree burglary, 27 counts of vandalism, 31 counts of hate crime enhancement, 31 counts of being armed in the commission of a felony, and four counts of possession of burglary tools.

Breed blamed San Francisco’s rise in anti-Asian crimes on former President Donald Trump and his rhetoric around China and COVID-19. But as with previous “hate crime spikes” attributed to Trump, there’s not necessarily any evidence for this. And if it was the case, why did the number spike in 2021, not 2020?

What actually did change in 2021 was more focus on anti-Asian hate crimes, from San Francisco leaders and media and press around the country. For instance, there was a concerted push in San Francisco last year to get people to report hate crimes.

That the increase in anti-Asian bias incidents comes as people have been especially attuned to hate crimes in general and anti-Asian hate crimes in particular suggests a) more people may have come forward about incidents they normally wouldn’t have and b) police and prosecutors may have been more likely to categorize things as hate crimes than they did before.

(For more on anti-Asian hate crimes and hype, see my feature from Reason‘s October 2021 issue: Do We Really Need New Anti-Asian Hate Crime Laws?)


FREE MINDS

Substack pushes back against calls to ban certain sorts of content or writers. “As we face growing pressure to censor content published on Substack that to some seems dubious or objectionable, our answer remains the same: we make decisions based on principles not PR, we will defend free expression, and we will stick to our hands-off approach to content moderation,” the company’s co-founders write. “While we have content guidelines that allow us to protect the platform at the extremes, we will always view censorship as a last resort, because we believe open discourse is better for writers and better for society.”


FREE MARKETS

New Yorkers are fighting for the right to get legal advice from nonlawyers. “Rules in New York, as in most states, forbid practicing law without a license, and giving individualized advice on how to respond to litigation is generally considered practicing law,” notes The New York Times. A nonprofit called Upsolve is challenging that practice:

On Tuesday, Upsolve took a step aimed at undoing the catch: It filed a lawsuit against the state attorney general’s office in federal court in Manhattan, arguing that barring nonlawyers from giving the kind of basic advice Upsolve would teach them to offer would violate the First Amendment….

Upsolve says a ruling in its favor would clear the way for thousands of lay professionals — social workers, clergy members, community organizers and the like — to help correct a gigantic imbalance in the legal playing field.


QUICK HITS

• Supreme Court Justice Stephen Breyer is retiring. People have already begun speculating about who President Joe Biden will nominate to replace him:

• Researchers have “identified biological factors that might help predict if a person will develop long Covid,” notes The New York Times.

• San Jose “voted Tuesday night to require gun owners to carry liability insurance in what’s believed to be the first measure of its kind in the United States,” the Associated Press reports.

• What homeschoolers knew before everyone else.

• ‘The typical U.S. home spent less than two weeks on the market in December, while home prices were up nearly 20% at the end of the month from a year earlier,” according to The Wall Street Journal. “In a testament to unmet demand, Redfin reported average U.S. rents saw their largest annual increase in December since February 2019, rising over 30% in nine major metro areas in December year over year.”

• The Federal Trade Commission will vote today on “nutrition labels” for broadband internet service.

• More book banning:

• The case against masks at school.

• “Much of Biden’s first year has been a simple continuation of his predecessor’s wrongheaded approach to U.S. trade policy,” writes Scott Lincicome, examining how Biden’s first-year trade record holds up to expectations.

• “Jex Blackmore, a Detroit activist and artist…ingested a mail-order abortion pill during a live interview with Fox 2′s Charlie Langton on Sunday,” MLive.com reports.

Reason‘s Peter Suderman has more on the study on state-funded pre-K education that we mentioned in Roundup yesterday.

• More on the America COMPETES Act:

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US Pending Home Sales Puked In December, Realtors Blame Rising Rates

US Pending Home Sales Puked In December, Realtors Blame Rising Rates

Despite an unexpected surge in new-home-sales, pending-home-sales puked in December, tumbling 3.8% MoM (after falling 2.3% MoM in November)…

Source: Bloomberg

That is the biggest MoM drop since Feb 2021 and pushed the YoY drop back into the red (down 6.64%).

“Pending home sales faded toward the end of 2021, as a diminished housing supply offered consumers very few options,” Lawrence Yun, NAR’s chief economist, said in a statement. 

“Mortgage rates have climbed steadily the last several weeks, which unfortunately will ultimately push aside marginal buyers.”

Sales dropped in every region:

  • Northeast fell 1.2% m/m; Nov. fell 0.1%

  • Midwest fell 3.7% m/m; Nov. fell 6.1%

  • South fell 1.8% m/m; Nov. fell 1%

  • West fell 10% m/m; Nov. fell 2.1%

This may be a big problem for Powell as pending home sales are often looked to as a leading indicator of existing-home purchases given properties typically go under contract a month or two before they’re sold

 

Tyler Durden
Thu, 01/27/2022 – 10:07

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An Opportunity to Diversity the Supreme Court in More Ways than One

As expected, Justice Stephen Breyer will retire this year. Word leaked this week that he will step down from the Supreme Court upon the confirmation of his successor, presumably over the summer. (While the switch could occur more quickly than that, it would result in some major cases being decided with only eight justices, so I doubt that will happen.)

During the presidential campaign, Joe Biden promised to nominate the first Black woman to the Supreme Court, and there is every indication that he intends to fulfill that pledge. Biden was also not the first to make such a commitment. Ronald Reagan campaigned on a pledge to nominate the first woman to the Court, and fulfilled that commitment by nominating Sandra Day O’Connor.

The appointment of a Black woman to the Supreme Court would mark an important milestone for the nation and would be in line with the Biden Administration’s broader efforts to diversify the federal judiciary. There are multiple potential nominees who have the necessary qualifications and would almost certainly be confirmed. (And, for the record, I adhere to my longstanding position that the Senate should confirm any nominee who has the requisite qualifications and character; elections have consequences.)

In making this nomination, President Biden has the opportunity to diversify the Court in more ways than one. In particular, President Biden has the opportunity to diversify the range of legal experience on the Court, such as by nominating someone with substantial experience in state courts.

The current justices are all extremely well-educated and smart. All but one (Elena Kagan) came to the Court with significant appellate court experience, and she had experience with federal appellate courts as Solicitor General. Only one sitting justice had been a trial court judge (Sonia Sotomayor), and none of the current justices has any meaningful experience in state courts. That is not good.

Many of the Court’s cases arise from or directly effect state court proceedings (including habeas cases), or incorporate state law claims (as occurs in some sentencing and ACCA cases). Just as having a justice with trial court experience brings an important perspective into the room, so too would having a justice that understands the reality of state court proceedings, and how state courts can differ from their federal counterparts. Justices O’Connor and Souter had such experience, but none of the current justices do.

As it happens, there are multiple qualified individuals that are reportedly on President Biden’s shortlist that have meaningful state court experience. I have not studied any of their records closely enough to know which one would be the “best” from my perspective (and I am quite confident the White House is not interested in my opinion). The point here is that this nomination can diversify the Court in multiple ways, and that would be a good thing. In addition to state court experience, there are other types of experience that are also conspicuously lacking from the Court, such as trial-level criminal defense work, and this sort of diversity matters for how the Court does its work.

The White House is entitled to nominate a jurist with the President’s preferred judicial philosophy and who satisfies other specified criteria. Like President Reagan, President Biden has pledged to make history with his choice. My point is that it would be good for the country and the Court if the White House were also to select someone who brings state court experience to the Court, as such experience has been missing from One First Street for quite some time.

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An Opportunity to Diversity the Supreme Court in More Ways than One

As expected, Justice Stephen Breyer will retire this year. Word leaked this week that he will step down from the Supreme Court upon the confirmation of his successor, presumably over the summer. (While the switch could occur more quickly than that, it would result in some major cases being decided with only eight justices, so I doubt that will happen.)

During the presidential campaign, Joe Biden promised to nominate the first Black woman to the Supreme Court, and there is every indication that he intends to fulfill that pledge. Biden was also not the first to make such a commitment. Ronald Reagan campaigned on a pledge to nominate the first woman to the Court, and fulfilled that commitment by nominating Sandra Day O’Connor.

The appointment of a Black woman to the Supreme Court would mark an important milestone for the nation and would be in line with the Biden Administration’s broader efforts to diversify the federal judiciary. There are multiple potential nominees who have the necessary qualifications and would almost certainly be confirmed. (And, for the record, I adhere to my longstanding position that the Senate should confirm any nominee who has the requisite qualifications and character; elections have consequences.)

In making this nomination, President Biden has the opportunity to diversify the Court in more ways than one. In particular, President Biden has the opportunity to diversify the range of legal experience on the Court, such as by nominating someone with substantial experience in state courts.

The current justices are all extremely well-educated and smart. All but one (Elena Kagan) came to the Court with significant appellate court experience, and she had experience with federal appellate courts as Solicitor General. Only one sitting justice had been a trial court judge (Sonia Sotomayor), and none of the current justices has any meaningful experience in state courts. That is not good.

Many of the Court’s cases arise from or directly effect state court proceedings (including habeas cases), or incorporate state law claims (as occurs in some sentencing and ACCA cases). Just as having a justice with trial court experience brings an important perspective into the room, so too would having a justice that understands the reality of state court proceedings, and how state courts can differ from their federal counterparts. Justices O’Connor and Souter had such experience, but none of the current justices do.

As it happens, there are multiple qualified individuals that are reportedly on President Biden’s shortlist that have meaningful state court experience. I have not studied any of their records closely enough to know which one would be the “best” from my perspective (and I am quite confident the White House is not interested in my opinion). The point here is that this nomination can diversify the Court in multiple ways, and that would be a good thing. In addition to state court experience, there are other types of experience that are also conspicuously lacking from the Court, such as trial-level criminal defense work, and this sort of diversity matters for how the Court does its work.

The White House is entitled to nominate a jurist with the President’s preferred judicial philosophy and who satisfies other specified criteria. Like President Reagan, President Biden has pledged to make history with his choice. My point is that it would be good for the country and the Court if the White House were also to select someone who brings state court experience to the Court, as such experience has been missing from One First Street for quite some time.

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Surging Dow Erases Post-Powell Losses As Rate-Hike Odds Soar

Surging Dow Erases Post-Powell Losses As Rate-Hike Odds Soar

Who could have seen this coming?

And that is as the market prices in an 80% chance of 5th rate-hike this year (and a 30% chance of a 50bps hike in March)…

Do traders realy think the stock market can bear that?

Tyler Durden
Thu, 01/27/2022 – 09:49

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Welcome To Fedestroika: Powell Now Has Just Two Choices

Welcome To Fedestroika: Powell Now Has Just Two Choices

By Michael Every of Rabobank

Fedestroika

I have long made black humor comparisons between the structural malaise of the West and the late-stage Soviet economy. The latter could see things weren’t working even in the 1970s but drifted through a “novy normalny” of slower growth and rising shortages, with the easiest answer always to build yet another statue of Marx or Lenin, talk about the proletariat, and hope things somehow turned around. Today the easiest answer is always to build another high-end condo or business center, talk about the proletariat, and hope things somehow turn around. The USSR eventually opted for the shock of glasnost (openness) and perestroika (reform) – which led to total collapse. The Fed appears to have just opted for ‘Fedrestroika’, which is going to cause lots of apparatchiks to get nervozny.

After all, as @S_Mikhailovitch correctly sees on Twitter, “Today’s Fed is our version of the 1980’s Soviet Politburo. They say and do whatever may help sustain the unsustainable. That’s the game. There is no other.” As someone replied, “To paraphrase that old Soviet joke ‘They pretend to have inflation under control, and markets pretend to believe them.’”

Now our commissars are promising a series of rate hikes to try to save the system from itself – Chair Powell ironically adding “I think there’s quite a bit of room to raise interest rates without threatening the labor market.” They also released a document called ‘Principles for Reducing the Size of the Federal Reserve’s Balance Sheet’ when we know that they cannot sustainably reduce the balance sheet. It doesn’t get any more Soviet sounding than that, and if you can’t see that you’ve been in said system too long, or a true apparatchik.  

My fellow Fed refusenik Philip Marey thinks they will hike four times this year. He also thinks it’s a deep irony they opted to reaffirm the equally-Soviet ‘Statement on Longer-Run Goals and Monetary Policy Strategy’ –with the sentence “the Committee seeks to achieve inflation that averages 2% over time, and therefore judges that, following periods when inflation has been running persistently below 2%, appropriate monetary policy will likely aim to achieve inflation moderately above 2% for some time.” — as the adoption of this strategy is why the Fed has fallen so far behind the curve in the first place. That and the need to build high-end condos or business centers, talk about the proletariat, and hope things somehow turn around.

The market reaction to Powell’s Q&A was huge: 2-year Treasury yields leaped from 1.02% to 1.15%, while 10s went from 1.77% to 1.86%, flattening the curve further when we won’t get the first hike until March; stocks gave up all the ‘party-insider’ gains of the day; and the dollar rallied.

So, can Fedrestroika last? As our Rates Strategy team sees it, the Fed belatedly realizes there is nothing they can do about the supply-chain shortages and high inflation that plague the economy. (Yes, the US could repress inflation by fixing prices, but that would just make its shelves look more Soviet if they don’t also move the means of production home.) As such, the Fed has two choices: do nothing and risk inflation really sinking in; or raise rates knowing that if markets collapse they can then pivot back to zero rates/QE, building high-end condos or business centres, talking about the proletariat, and hoping that things somehow turn around. They know how to do the latter. In fact, it’s all they know.

One wonders how long this dialectic can be peddled before the proletariat prefers a different kind of dictatorship: but that’s a matter for samizdat (or Twitter) rather than the market media and apparatchiks, who all want to keep their lovely dachas.  

And ‘Back in the USSR’, both fog of war and diplomacy swirl in the air. A senior Russian politician says Moscow rejects US proposals responding to its security demands as “fantasies”, with their foreign minister threatening “retaliatory measures”. The press says the US response only covered arms controls rather than US support for Ukraine’s right to pursue NATO membership, the red line for Moscow. Some military strategists point out the number of Russian troops on the border is not enough for a full invasion; others that the amount of equipment is, and that the extra troops only need to arrive at the last minute. (With some then wondering if it would be before, during, or after the Beijing Olympics.) Moreover, two dozen Russian embassy staff were just told to leave D.C. Neither development bodes well.

While Russia’s goal may still be to divide Ukraine, with the huge market tail risks we have already covered, it is assuredly to divide the West, with equally large tail risks over time – and here it is already winning. As the New York Times puts it: “Putin’s goal is to split the Europeans, and then split Europe and the US. If the impression prevails that Germany is not fully committed to a strong NATO response, he will have succeeded in paralyzing Europe and dividing the alliance.” While Berlin has just agreed to sell 5,000 helmets to Ukraine, that is not getting any hat tips given what everyone else is doing. Indeed, Chancellor Scholz appeared physically uncomfortable and reticent at a recent press conference when discussing Russia’s actions and what he would be prepared to do about them, which hardly builds confidence.

Meanwhile, Germany is fighting a two-front surrender, as Politico reports Berlin is “working behind the scenes to undermine a common position against China”. Chancellor Scholz’s office allegedly fears the EU is becoming too aggressive in its defense of Lithuania against Beijing’s economic coercion, after France last week said Beijing had gone too far with its attacks on the single market, and is “calling everyone who speaks German in the Commission” to tone down the pressure on China – which is not coercion when Berlin does it. ‘Coincidentally’, Reuters reports Lithuania may now consider backing down over its Taiwan stance: Slovenia next? And isn’t it nice to be able to tell smaller eastern European countries what to do?

Clearly, something needs to change: the issue is what (or who)?

On which, Italy –also being wooed by Russia– still does not have a president. Today sees round four of voting, and while a successful candidate needed a two-thirds majority in the first three rounds, today that threshold is lowered to an absolute majority. Then it reduces every day going forwards until by March it is the first person to put their hand up. I joke: see here for proper analysis from Marnix Arendshorst, which underlines the potential market impact.

Yet I am not joking that the best defense supporters of British PM BYO can muster against accusations of him having attended an illegal birthday party under lockdown are that the PM was “ambushed by a cake”: cue Twitter memes such as a line of cakes with the captions “Can you identify your attacker from this line-up, sir?” Also cue more letters of no confidence and a likely leadership challenge, and GBP volatility. The one-rule-for-me-and-another-for-you is again very Soviet. The fact that there was a cake to go with the alcohol isn’t. Future historians will note while Europe was close to being carved up, the UK was preoccupied by slices of cake; yet it still played a more proactive role than Brezhnevian Germany, which was trying to have its cake and eat it.

Tyler Durden
Thu, 01/27/2022 – 09:46

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US Avoided Main Question Of NATO Non-Expansion In Written Response: Kremlin

US Avoided Main Question Of NATO Non-Expansion In Written Response: Kremlin

As previously reported, Russia on Wednesday received a hand-delivered written response from the United States to the security proposals Moscow submitted earlier this month to both Brussels and Washington. Russia’s central demand has remained that it needs legal security guarantees of no further NATO expansion eastward. 

In a fresh statement, Russian Foreign Minister Sergey Lavrov confirmed that Moscow is reviewing the document, but suggested that the core issue Russia is demanding has been sidestepped in the US document. “There is no positive reaction on the main issue in this document,” Lavrov described to reporters. 

“The main issue is our clear position that further NATO expansion to the east and the deployment of strike weapons that could threaten the territory of the Russian Federation are unacceptable,” the top diplomat explained. 

FM Lavrov addressing a prior NATO-Russia Council meeting.

“The content of the document – there is a reaction that allows us to count on the start of a serious conversation, but on secondary issues,” Lavrov added.

He charged Washington with deliberately avoiding the central security issue, while still holding out that it was at least a basis on which to further dialogue

The principle that one should not strengthen one’s security at the expense of the security of others is deliberately avoided. Neither the Istanbul nor the Astana declarations are mentioned by our Western partners in the discussions on European security that are currently taking place… We cannot accept this,” Lavrov said.

However, Lavrov said that the next moves will be determined by President Vladimir Putin, who is being briefed on the US response. “After an interdepartmental consultation, we will brief the president, and the president will decide on our next steps,” he explained.

Separately on Thursday, Kremlin spokesman Dmitry Peskov echoed the same charge:

“The numerous statements that our colleagues made yesterday make it clear that as for the major aspects of the draft agreements that we earlier presented to other parties, we can’t say that they took our concerns into account or showed any readiness to take our concerns into consideration.”

Blinken, for the US side, said Wednesday he hopes to discuss the US response directly with Foreign Minister Sergey Lavrov in the coming days. But on the central issues of Russia’s requirement that NATO issue legal guarantees vowing no further expansion eastward, Blinken vowed the Western military alliance won’t budge, making clear that…

“From our perspective. I can’t be more clear — NATO’s door is open, remains open, and that is our commitment,” Blinken said.

Meanwhile, Russian media has continued to charge US mainstream media with hyping and stoking tensions…

“There will be no change,” Blinken emphasized further. However, the written response could still serve to at least keep things on the diplomatic and negotiating playing field, as opposed to stoking further military build-up by both sides. 

At the same time, Russia has reiterated its stance that currently soaring military tensions will be lessened if NATO removes forces from Eastern Europe. This after a limited number of NATO jets and ships earlier this week were deployed toward the region, including a half dozen F-15 jets which landed in Estonia. The White House has cited a “sacred obligation” to protect what press secretary Jen Psaki called “our eastern flank”.

Tyler Durden
Thu, 01/27/2022 – 09:25

via ZeroHedge News https://ift.tt/35hNkzN Tyler Durden

Bipartisan Coalition Demands Vote On Legislation To Bar Congress From Trading Stocks

Bipartisan Coalition Demands Vote On Legislation To Bar Congress From Trading Stocks

Authored by Joseph Lord via The Epoch Times (emphasis ours),

A bipartisan group of more than two dozen lawmakers in the House is demanding that Speaker of the House Nancy Pelosi (D-Calif.) allow a vote on a bill that would bar members of Congress from trading on the stock market, which critics say is inappropriate due to Congress’ inside knowledge on financial and political affairs.

Rep. Jared Golden, D-Maine, speaks in Bath, Maine. Golden was the only Democrat lawmaker to break with his party and vote against the $1.9 trillion COVID-19 relief package on Wednesday, March 10, 2021. (David Sharp, File/AP Photo)

The demand was made in a Jan. 24 letter spearheaded by Rep. Jared Golden (D-Maine). A total of 27 lawmakers signed Golden’s petition, including 25 Democrats and two Republicans.

In the letter’s opening line, the coalition demands that Pelosi “swiftly bring legislation to prohibit members of Congress from owning or trading stocks.” Two bills that would do just that, the “Ban Conflicted Trading Act” and the “TRUST In Congress Act,” have been sitting in congressional limbo.

The responsibility to bring them out of this limbo lies largely with Speaker Pelosi, but she has thus far made no effort to bring either bill to the floor for a vote.

House Speaker Nancy Pelosi (D-Calif.) speaks at her weekly press conference at the U.S. Capitol Building in Washington on Dec. 8, 2021. (Anna Moneymaker/Getty Images)

Golden argued that such a ban would be a “common sense measure” that is “supported by Americans across the political spectrum.”

A recent poll vindicates this latter claim.

The poll, conducted by the conservative group Convention for States Action in conjunction with Trafalgar, found that more than three-fourths of Americans believe that lawmakers have an “unfair advantage” over others in the stock market.

Speaking on the poll results, Mark Meckler, president of Convention of States Action, said, “Congress has a history of passing laws that make it appear as if they are behaving ethically, while continuing to do things that are not honest nor ethical. This issue has received a lot of attention, and this data verifies the American people want this practice to end once and for all.”

This issue has a storied history in Congress.

In 2012, Congress passed the STOCK Act, a bill that required members of Congress to publicly disclose their financial transactions. However, a recent investigation by Insider found that a laundry list of lawmakers in both the House and Senate had violated the provisions of that law.

In view of this, the lawmakers write, “It’s clear the current rules are not working.”

In another recent example of potential insider trading, several members of Congress allegedly sold off stock ahead of the crash precipitated by the CCP (Chinese Communist Party) virus. These members had received nonpublic briefings on the developing virus, leading many to believe that their sudden stock sales were carried out on the basis of this knowledge.

“The law prohibits only those stock trades that members of Congress make or direct because of their nonpublic knowledge,” Golden explains in his letter.

But it can be nearly impossible to determine what counts as ‘nonpublic knowledge’ or how personally involved members are in their stock trades.”

“Instead,” the lawmakers demand, “Congress should close these loopholes by simply banning members from owning or trading individual stocks while in office.”

We came to Congress to serve our country, not turn a quick buck,” the lawmakers continue.

“While there are many difficult questions facing Congress, this is an easy one,” the letter concludes. “Members of Congress should not be allowed to own or trade individual stocks. Let’s get this done.”

The letter is a rare show of bipartisanship, including a very unlikely alliance of America First conservatives and left-wing progressives.

The Democrat roster includes prominent progressives like Reps. Rashida Tlaib (D-Mich.) and Pramilla Jayapal (D-Wash.), who have both been outspoken in favor of sweeping institutional reforms and pricey social spending bills.

The two Republican signatories are Rep. Matt Gaetz (R-Fla.), a Trump-adjacent Floridian who has fought against government measures that give an unfair advantage to major corporations or the ultra-wealthy, and Rep, Brian Fitzpatrick (R-Pa.), a longtime moderate who joined Democrats in passing the $1.2 trillion infrastructure bill in late 2021.

Rep. Matt Gaetz (R-Fla.) in the East Room of the White House in Washington on Feb. 6, 2020. (Charlotte Cuthbertson/The Epoch Times)

Speaking on the letter, Gaetz quipped that “Rashida Tlaib and I don’t often agree. But when we do,” he added, “America should totally go that direction.”

However, not all lawmakers feel the same way about a stock market ban.

Most prominently, Speaker Pelosi made it recently clear that she thinks lawmakers should have access to the market.

During a mid-December press conference, just after Insider released its report on violations of the 2012 STOCK Act among members of Congress from both parties, Pelosi was asked whether a stock ban for members of Congress would be appropriate.

“No,” Pelosi responded quickly. “We have a responsibility to report [our trades] … [and] if people aren’t reporting, they should be.”

Further pressed to explain her “no,” Pelosi argued, “Because we’re a free market economy. [Members of Congress] should be able to participate in that.”

Pelosi has had her own scandals in regards to trading by her husband Paul Pelosi.

In 2008, Paul Pelosi bought $2 million of stock in Visa at the same time that Congress was considering a bill that would have seriously undercut the debit and credit card giant’s profits. Though the bill had gained momentum, it inexplicably stalled and died in the House.

Because Pelosi was speaker at the time many, including NBC’s 60 Minutes in a 2011 episode, speculated that there was a connection between Pelosi’s trade and the bill’s sudden collapse.

Paul Pelosi and Nancy Pelosi attend the TIME 100 Gala 2019 Cocktails at Jazz at Lincoln Center in New York City on April 23, 2019. (Jemal Countess/Getty Images for TIME)

More recently, Paul Pelosi made a bullish bet in favor of Google parent company Alphabet, just as a bill designed to undercut tech monopolies was gaining significant momentum in the House. While others pulled out over fears about the antimonopoly bill, Pelosi’s unlikely bet paid off, netting the Pelosis a cool $5 million.

In fact, Pelosi’s portfolio has seen such spectacular returns that would-be investors on the Chinese-owned social media platform TikTok began to follow Pelosi’s releases and emulate his trades.

Rep. Dan Crenshaw (R-Texas) has also defended stock trading by sitting members of Congress.

According to a report by Unusual Whales, Crenshaw received the fifth-highest returns of any member of Congress for his stock trading in fiscal year 2021. During an appearance on the All American Savage Show podcast, Crenshaw discussed the returns and his position on congressmen trading on the stock market.

The host asked Crenshaw whether he thought that sitting members of Congress should be allowed to go into the stock market.

“I think it would be fine if you banned individual stock trading,” Crenshaw said, before clarifying, “Notice I said ‘individual stocks.’”

The Texas Republican explained that while he would accept bans on buying and selling individual stocks, he thinks that congressmen should still be allowed to invest in ETFs and similar stock collections.

I’m kinda neutral on it,” Crenshaw continued. But if such a ban were put in place, Crenshaw claimed, “no one would run for Congress because you have no way to better yourself.”

House Homeland Security Committee member Rep. Dan Crenshaw (R-Texas) speaks during a hearing in the Rayburn House Office Building on Capitol Hill in Washington, on Sept. 17, 2020. (Chip Somodevilla/Getty Images)

Ultimately, the decision to bring a stock trading ban to the floor lies with Speaker Pelosi.

Still, the bipartisan support for Golden’s Monday letter indicates that members on both sides of the aisle remain committed to moving the agenda forward.

If brought to the floor, either of the two bills proposed to address the situation would represent the most substantial stock market reforms for a decade.

However, the coalition behind the reforms remains small, and more support in both the House and Senate, plus Pelosi’s acquiescence to bring either bill to the floor, will be needed for the reform to have a shot at making it to President Joe Biden’s desk.

Tyler Durden
Thu, 01/27/2022 – 09:05

via ZeroHedge News https://ift.tt/3g3TGoA Tyler Durden