Victor Davis Hanson: Will The Republicans Really Win Back The Congress?

Victor Davis Hanson: Will The Republicans Really Win Back The Congress?

Authored by Victor Davis Hanson,

The late spring scenario of a massive GOP win – in historic proportions analogous to 1938, 1994, or 2010 – is said now to be “iffy.”

The Left boasts that it now has a chance at keeping the House, with even better odds for maintaining control over the Senate.

Polls are all over the place. Now they show generic Republican leads, now Democratic.

The general experience in polling is that they are more often conducted by left-leaning institutions and massaged to show Democratic “momentum.”

Since the polling meltdown of 2016 — when most polls showed a Hillary Clinton Electoral College landslide — they have regained little credibility.

Current progressive heartthrob and spoiler Representative Liz Cheney, R-Wyo., was polled at only 20% behind in her recent primary, only to be crushed in the end, losing by over 37%.

The corporate leftist media does its part by glorifying a now dynamic “Aviator Joe.”

President Joe Biden in cool sunglasses is now constructed into a swaggering “Top Gun” Tom Cruise-like figure, rather than a cognitively challenged 79-year-old.

Biden’s just-passed reconciliation “Inflation Reduction Act,” according to most experts, will raise taxes even on the middle class and spur inflation. So, the media euphemistically renames it a “climate change bill.”

With a stroke of his pen before the midterms, Biden forgives $300 billion in student debt, without a care for the dutiful who paid their loans off or those who did not go to college but will now pay for those that did.

If inflation is running at 8.5% over last July’s prices, the White House giddily announces inflation is “zero” because it did not climb at 9.1% over 2021 prices – as it did in June.

That’s like saying someone entombed in a sinkhole 10 feet below ground is no longer trapped at all since he floated up one foot since falling.

In California, when $6.50 a gallon gas dipped last month to $5.50 a gallon, Biden pronounced the end of high energy costs. He forgets that on his watch, gas prices doubled and remain $2.50 a gallon higher than they were on Inauguration Day.

Despite the propaganda, the Republicans seem confident nonetheless because of the dismal 40% approval ratings of Biden and his even less popular agenda.

Crime is out of control. The Left blew up the southern border. Biden has waged war on energy production and deliberately spiked gas costs.

Foreign policy is in shambles. Racial relations are scary. Historically, presidents are shellacked in their first midterms.

So, there should be a Republican tsunami.

But will there be?

So far, the Republicans have not nationalized congressional races with a uniform contract with America, an agenda that they will seek to enact the moment they take Congress.

If all Republican candidates run on what the Left has done to America in less than two years and offer a systematic corrective, they will win. If they get bogged down in the 24-hour news cycle they will flounder.

Conservatives seem oblivious to the current left-wing strategy. That is odd, since it is unchanged since the Russian collusion hoax and the psychodramatic Ukrainian phone call impeachment.

The left-wing playbook is based on two pillars: the FBI raid on former President Donald Trump’s home, the January 6 “insurrection” investigation – and selective daily leaking about both.

About every week, in efforts at mass distraction from the dismal record of Biden, we will hear of a new “bombshell” and “walls-are-closing-in” Justice Department or FBI leak to an obsequious media.

In 24-hour cycles, we will hear more about how Trump supposedly stole “nuclear secrets”!

And “informed but anonymous sources insist” that Trump is trying to sell memorabilia. Or is Trump trying to hide January 6 evidence at his home? Or was it those Russian collusion files?

Sanctimonious Attorney General Merrick Garland will fight tooth and nail not to release an unredacted historic fishing-expedition affidavit for a warrant to meander through the closets of the Trump home. But he certainly will redact — and leak.

The January 6 Committee will continue to subpoena and flip witnesses with threats of indictments, certain doom before biased Washington, D.C. juries, and crushing legal bills.

Between the raid and the star-chamber House inquiry, we are supposed to forget unaffordable gas and food, dangerous U.S. cities, over 3 million people swarming the border, and the Afghanistan debacle.

Big Tech in November as in 2020 will again flood registrars with billions of dollars in dark money — while denying it.

They will censor and expunge anything unflattering to the Left on social media, and claim they do not.

The Left will systematically try to ensure that, as in 2020, only 30% of the electorate vote in person on election day, as they plead they are underfunded and disorganized.

Yet if the Republicans advance a coherent national plan of action to restore a pre-Biden America, if Trump will focus positively on national issues and not take the bait to obsess on the wrongs done to him, and if grass-roots conservatives this time around prepare to preempt massive left-wing vote harvesting, they will achieve their blowout.

But that is a lot of ifs. And meanwhile, time grows short.

Tyler Durden
Fri, 08/26/2022 – 18:55

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Hawkish Senator Calls Taiwan A “Country” In 4th US Delegation Visit This Month Alone

Hawkish Senator Calls Taiwan A “Country” In 4th US Delegation Visit This Month Alone

Following the Nancy Pelosi visit which sparked unprecedent sea and aerial Chinese military live fire exercises, Taiwan on Thursday unveiled a huge defense budget increase of just shy of 14%.  Specifically at a 13.9% increase, Taiwan’s cabinet has already approved the spending boost and it will next be debated in parliament, and if approve would bring the island’s total military budge to about $19.41 billion for 2023. 

The flow of weapons from Washington, which Beijing has vehemently condemned as a severe violation of the ‘One China’ principle, is thus expected to only increase, with provisions being made in the budget for more fighter jet funding and other major hardware. 

Taiwan Presidential Office/Handout via Reuters

Taiwan cabinet’s chief budget official Chu Tzer-ming indicated in statements that the bulk of next year’s defense spending will be toward the additional military readiness required to fend off a potential Chinese invasion, given the greatly bolstered PLA presence around the island: 

“The budget for maintaining operations saw the biggest increase among the defense-spending categories this year in response to the cross-strait situation,” Chu said. “Warplanes need to take off and warships need to go to sea, which all lead to higher expenses.”

The White House has accused Beijing of using the early August Pelosi visit to manufacture a crisis. Chinese state media had at the same time expressly stated the PLA drills were a “rehearsal” for forced reunification. 

Meanwhile, the US clearly isn’t backing down, or so much as allowing tensions to cool for a while, given this week marked no less than the fourth Congressional delegation to Taiwan in August alone

Sen. Marsha Blackburn (R-TN) arrived Thursday in Taipei on a US Air Force plane in an unannounced visit. She’s a well-known hawk when it comes to all things China, for example having posted on Twitter in 2020 that “China has a 5,000 year history of cheating and stealing. Some things will never change.” She more recently backed a proposed bill that would let the Biden administration lend weapons to Taiwan, akin to what’s already been authorized for Ukraine.

Another well-known moment involved here labeling China as part of a “New Axis of Evil”

“It’s time we focus on rewarding Taiwan’s commitment to democratic values and ensure they have the necessary resources to combat Communist China and the New Axis of Evil.”

Thus her visit is sure to set off outrage in Beijing, especially given that among Blackburn’s first words upon arrival featured calling for Taiwan pushing forward to become “an independent nation”. The Republican Senator said she “looked forward to continuing to support Taiwan as they push forward as an independent nation.”

She also repeated the Axis of Evil line regarding China

Blackburn arrived in Taipei late Thursday after visiting Fiji, the Solomon Islands and Papua New Guinea as part of a U.S. push to “expand our diplomatic footprint in the area,” her office said in a statement.

“The Indo-Pacific region is the next frontier for the new axis of evil,” Blackburn, a staunch supporter of former President Donald Trump, was quoted as saying. “We must stand against the Chinese Communist Party.”

And on Friday, while meeting with Taiwan President Tsai Ing-wen, Blackburn referred to Taiwan as a “country”, per Axios

Blackburn’s comment that she remembers her 2008 visit to Taiwan fondly “and the opportunity to get to see some of your country firsthand” is likely to further anger Beijing, which has warned of consequences for the U.S. if American officials continue to visit the island it sees as a breakaway province.

Most likely, this is about to trigger a whole new round of major Chinese PLA drills threatening the island. Certainly Blackburn’s confrontation words just blew past Beijing’s “red lines” concerning the Taiwan crisis.

Tyler Durden
Fri, 08/26/2022 – 18:30

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IRS Waiving $1.2 Billion In Taxpayer Penalties; Here’s Who Qualifies

IRS Waiving $1.2 Billion In Taxpayer Penalties; Here’s Who Qualifies

Authored by Katabella Roberts via The Epoch Times (emphasis ours),

The Internal Revenue Service (IRS) announced on Aug. 24 that it will waive penalties levied against American taxpayers who failed to file their 2019 and 2020 returns in a timely manner during the COVID-19 pandemic.

A copy of an IRS 1040 tax form is seen at an H&R Block office in Miami, Fla., on Dec. 22, 2017. (Joe Raedle/Getty Images)

The agency will also issue over $1.2 billion in refunds or credits to taxpayers who received the fees.

According to the IRS, roughly 1.6 million taxpayers, including individuals and businesses, will automatically receive the billions in refunds or credits by the end of September. Spread across 1.6 million taxpayers evenly, that would amount to an average refund of $750 per taxpayer.

The penalty relief is automatic for people or businesses who qualify, meaning taxpayers won’t have to apply for it.

For those who haven’t yet paid fines, the penalties will be abated.

The agency previously extended the tax filing deadline in both 2020 and 2021 to give taxpaying individuals and businesses more time to pay what they owed amid the COVID-19 outbreak.

“Throughout the pandemic, the IRS has worked hard to support the nation and provide relief to people in many different ways,” said IRS Commissioner Chuck Rettig. “The penalty relief issued today is yet another way the agency is supporting people during this unprecedented time.

The decision comes as the agency faces a huge backlog of tax returns and taxpayer correspondence prompted by the pandemic. The IRS said the move will help them to focus resources on addressing those backlogs and return to normal operations for the 2023 filing season.

Who Qualifies?

failure-to-file penalty is charged when taxpayers do not file their return by the due date; the fine is a percentage of the taxes that weren’t paid on time. It is calculated at 5 percent of unpaid taxes for each month or part of a month that the return is filed late, up to a maximum of 25 percent.

For example, unpaid taxes of $10,000 could see a penalty of $500 per month, up to a maximum of $2,500.

To qualify for the refunds, taxpayers must file any 2019 or 2020 tax returns that were originally due in 2020 and 2021 by Sept. 30 of this year.

The IRS will not forgive penalties in some situations, however, such as where fraudulent returns were filed and where the penalties are part of an accepted compromise or a closing agreement. They also won’t apply to cases where the penalties were finally determined by a court, the agency said.

Other penalties, such as the failure to pay penalty, are also not eligible under the new relief program, although taxpayers in those cases can utilize other existing penalty relief procedures, such as applying for relief under the reasonable cause criteria or the First Time Abate program.

A sign for the Internal Revenue Service (IRS) building in Washington on Sept. 28, 2020. (Erin Scott/Reuters)

“Penalty relief is a complex issue for the IRS to administer,” Rettig said. “We’ve been working on this initiative for months following concerns we’ve heard from taxpayers, the tax community, and others, including Congress. This is another major step to help taxpayers, and we encourage those affected by this to review the guidelines.”

Additionally, the IRS is providing penalty relief to banks, employers, and other businesses required to file various information returns.

To qualify for relief, eligible 2019 returns must have been filed by Aug. 1, 2020, and eligible 2020 returns must have been filed by Aug. 1, 2021.

However, because both of these deadlines fell on a weekend, a 2019 return will still be considered under the relief program if it was filed by Aug. 3, 2020, and a 2020 return will be considered if it was filed by Aug. 2, 2021.

Read more here…

Tyler Durden
Fri, 08/26/2022 – 18:05

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Biden Energy Secretary Quietly Bullies US Refiners To Reduce European Fuel Exports

Biden Energy Secretary Quietly Bullies US Refiners To Reduce European Fuel Exports

Back in June, we reported that overall US Nat Gas exports had exploded thanks to soaring LNG flows to Europe which has grown increasingly desperate for any “friendly” nat gas now that Russia has almost shut off all pipelines toward Europe, in the process pushing US nattie prices sharply higher – if nowhere near where they are in Europe currently. And while these exports fizzled after the Freeport LNG explosion in June, it was clear that nat gas prices (and to a lesser extent, inventory) in the US would be a factor not only of domestic demand, but increasingly also of European imports from the US.

The same of course, can be said for oil, which is seeing growing demand in Europe – which finds itself increasingly locked out of Russian oil output, which is expected to shrink even more once a Russian oil ban is imposed at the end of the year – as part of gas-to-oil switching which is becoming increasingly prevalent in Europe, and is why US crude sales overseas are also set to hit fresh records through next year as American oil increasingly takes market share in Europe.

Earlier this month, weekly government figures showed an unprecedented 5 million b/d of US crude being exported. Shipments are poised to average over 4 million b/d over the next few months and into next year, according to the most optimistic in the oil industry.

And just like in the case of gas, rising oil exports to Europe mean not only higher US oil and gas prices – as supply/demand dynamics of the two asset classes converge – but also shrinking US inventories which end up in Europe. Which is a problem for US oil because while prices are dropping for now, they are oblivious of the fact that commercial US inventories have slumped to near record lows.

So wouldn’t you know the Biden Administration – the same administration that has been draining record amount of oil from the US strategic petroleum reserve in hopes of pushing gas prices lower by the midterms – now wants to limit fuel exports to Europe.

That’s the message Energy Secretary Jennifer Granholm sent last week in a letter imploring seven major refiners to limit fuel exports. The WSJ obtained a copy of the letter (see below) which the Administration didn’t release publicly, but has since leaked courtesy of Bloomberg’s Javier Blas and others.

Granholm warned that gasoline inventories on the East Coast are at a near-decade low, and diesel stocks are nearly 50% below the five-year average across the region. And while she didn’t address it – as the SPR drain is hardly something the White House is proud of – total crude oil inventories including the SPR have seen a spectacular collapse since the Ukraine war.

“Given the historic level of U.S. refined product exports, I again urge you to focus in the near term on building inventories in the United States, rather than selling down current stocks and further increasing exports,” she writes.

“It is our hope that companies will proactively address this need,” she adds. “If that is not the case, the Administration will need to consider additional Federal requirements or other emergency measures.” In New Jersey they call that an offer you can’t refuse.

This, as the WSJ notes, is a political escalation from President Biden’s June command to refiners to immediately lower gasoline prices. As average gasoline prices nationwide have fallen to $3.88 from about $5 in mid-June, he has been taking a media victory tour. However, the drop in prices is largely a function of the market expecting an imminent recession, hardly something worthy of a victory tour, and in any case, Biden can thank Americans for driving less.

Yet fuel storage levels are running low heading into hurricane season when it’s not unusual for Gulf Coast refineries to be damaged or shut down. The Administration fears a refinery outage that causes fuel prices to spike in the runup to the November election. Hence, Granholm’s threatening letter.

But, as the WSJ editorial board explains, the problem isn’t U.S. exports. It’s the political and regulatory assault on U.S. production and refining. One culprit is the 2019 closure of the Philadelphia Energy Solutions refinery, which removed about 335,000 barrels a day of refining capacity from the Northeast. This made the region more dependent on Gulf Coast and overseas refineries.

Additionally, fuel storage levels would be much higher in the Northeast if not for New York state’s natural gas pipeline blockade, which has made the region more dependent on oil for energy. One-third of New England residents still use oil to heat their homes, and New York this month is generating more electricity from oil than from solar or wind.

Most ironic, however, is that the Granholm export threat is also a slap in the face to European allies trying to diversify energy sources from Russia. Fuel supplies are tight globally amid sanctions on Russia, which had accounted for 40% of Europe’s oil imports. Europe has had to look elsewhere for diesel fuel, which some manufacturers and power generators are turning to as a substitute for natural gas. U.S. refiners have recently been exporting more fuel to Europe, but Granholm is now telling them to stop.

Restricting fuel exports is one more counterproductive Biden policy on fossil fuels that would merely drive up global fuel prices, including U.S. imports. As the WSJ concludes, “Granholm’s bullying of energy companies shows how little she understands about energy markets.”

Tyler Durden
Fri, 08/26/2022 – 17:40

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CDC Finally Admits COVID Mutations Hobbled Vaccine Effectiveness

CDC Finally Admits COVID Mutations Hobbled Vaccine Effectiveness

The CDC has admitted what was ban-worthy ‘fake news’ just months ago – that Covid mutated to evade current vaccines which were created for the original strains, after nearly 40% of the people hospitalized in the US with Omicron were vaxxed and boosted.

As Bloomberg reports, from the end of March through May, when omicron BA.2 and BA.2.12.1 subvariants were the dominant strains, weekly hospitalization rates for all adults spiked, with those over 65 suffering the worst – though it should be noted that total omicron hospitalizations were far lower than when the delta variant was the dominant strain last fall.

Of course, the CDC’s timing is suspect – as vaccine manufacturers are on the cusp of rolling out their omicron-targeted shots by Labor Day.

We knew omicron evaded vaccines nearly 9 months ago, even if Fauci lied about it.

According to the ‘new’ report, CDC scientists found that vaccines and boosters did a better job against Delta when it came to keeping people out of the hospital – with efficacy dropping slightly with the BA.1 variant, and then ‘significantly’ falling off when BA.2 hit the scene.

Adults with at least two booster shots fared better than other people when BA.2 was dominant. The majority of those admitted to the hospital also had at least one underlying condition. Unvaccinated adults were more than three times as likely to be hospitalized, but breakthrough infections still represented a significant number of the severe Covid cases, the data show.

US regulators have pushed Moderna Inc., Pfizer Inc. and BioNTech SE to expedite development of omicron-specific boosters for a September rollout. The drugmakers this week submitted early data to the US Food and Drug Administration seeking emergency clearance for updated shots that target the BA.4 and BA.5 virus strains. Scientists and vaccinemakers are already beginning to look toward next-generation shots that may provide longer-lasting protection against more variants.  -Bloomberg

Stay tuned for more of tomorrow’s news today.

Tyler Durden
Fri, 08/26/2022 – 16:50

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Money Does Matter: The End Of The Gold Standard Led To A Lower Standard Of Living

Money Does Matter: The End Of The Gold Standard Led To A Lower Standard Of Living

Authored by André Marques via The Mises Institute,

On August 15, 1971, Richard Nixon announced that the US dollar (USD) would no longer be redeemable in gold. This was supposed to be temporary. And yet, fifty-one years later, here we are. The gold standard was gradually destroyed in the twentieth century.

Now people are experiencing the consequences: less purchasing power, more economic cycles, and a weaker economy.

In the chapter 4 of his book What Has Government Done to Our Money?, Murray Rothbard goes over the steps the government took to end the gold standard over the twentieth century, from the end of the classical gold standard to the closing of the gold window in 1971.

The Classical Gold Standard (1815–1914)

The classical gold standard tended to prevent the government from running budget deficits and going into debt, as it could not easily create inflation. In 1913, the Federal Reserve (Fed) was born. When the US entered the World War I, US dollars were printed at an excess of the gold reserves. At this point, the US got off the classical gold standard and this money printing contributed to the depression of 1920–21.

The Gold Exchange Standard (1926–31)

In this regime, the USD and the pound sterling (GBP) were the two currencies of reference (“key currencies”). The US went back to the classical gold standard (converting USD into gold). GBP and other currencies were not convertible into gold (except for large bars). The Great Britain converted GBP to USD and the other European countries converted their currencies to GBP. So, the Great Britain inflated GBP and the other European countries did the same with their respective currencies (a “pyramiding” of GBP on USD and of other European currencies on GBP). Consequently, as Rothbard stated:

Britain and Europe were permitted to inflate unchecked, and British deficits could pile up unrestrained by the market discipline of the gold standard…. Britain was able to induce the United States to inflate dollars so as not to lose many dollar reserves or gold to the United States. As sterling balances piled up in France, the United States, and elsewhere, the slightest loss of confidence in the … inflationary structure was bound to lead to general collapse. This is precisely what happened in 1931; the failure of inflated banks throughout Europe, and the attempt of “hard money” France to cash in its sterling balances for gold, led Britain to go off the gold standard completely. Britain was soon followed by the other countries of Europe.

Fluctuating Fiat Currencies (1931–45)

In 1933–34 the US abandoned the classical gold standard once again. The USD was defined as 1/35 of an ounce of gold and only foreign governments and central banks could convert it into gold. So, there was a certain link to gold, but the US was in a floating exchange rate regime. As Rothbard stated, by cutting the ties to gold, this regime

leave[s] the absolute control of each national currency in the hands of its … government [which can] allow its currency to fluctuate freely with respect to all other fiat currencies … [The flaw] is to hand total control of the money supply to [the government], and then to … expect that it will refrain from using that power.

the disastrous experience of … the 1930s world of fiat paper and economic warfare, led the United States authorities to [aim] the restoration of a viable international monetary order

Bretton Woods and the New Gold Exchange Standard (1945–68)

Thus, enter the Bretton Woods system (conceived and implemented by the US at a conference in Bretton Woods, New Hampshire in 1944, and ratified by the US Congress in 1945). It was similar to the gold exchange standard, but with the USD being the only “key currency,” priced at $35 an ounce of gold and being redeemable in gold only by foreign governments and central banks.

However, this system eventually met its end. The US inflated the USD (“pyramided” it on its gold reserves), and other governments held USD as their reserves and “pyramided” their currencies on those dollars. And throughout the 1960s, the US constantly inflated the dollar in absolute terms and relative to Europe and Japan. This decade was marked by the “War on Poverty,” the Vietnam War, and space programs.

To finance all this, the US started running large budget deficits, with the Fed monetizing the debt (expanding the money supply). However, the Western European countries that had adopted more solid monetary policies (Western Germany, Switzerland, France and Italy), started to oppose the obligation to accumulate dollars. Europe began to redeem dollars in gold, and the Bretton Woods system began to collapse in 1968 (ending in 1971, when Nixon suspended the redemption of the USD in gold).

The Closing of the Gold Window and the Rise of the Floating Exchange Rate Regime (1971–?)

In order to keep the redemption of the USD in gold, the US government had two options:

  1. Cut spending and taxes to reduce the budget deficit. The supply of money would decrease, and the USD would appreciate, which would allow prices to fall to levels that would be consistent with an ounce of gold at $35 and restore demand for the currency.

  2. Dollar devaluation. This would mean that the price of an ounce of gold would have to rise to a level that would be consistent with the supply of USD and the higher prices for goods and services. But this would require the government to reduce the budget deficit to prevent future devaluations.

Both options were inconvenient for the government. Thus, in February 1973, after two devaluations of the USD that raised the price of an ounce of gold to $42.22, the closing of the gold window became permanent. Therefore, the USD returned to the floating exchange rate regime (as in 1931–45, but with no link to gold).

As a result, the USD devalued and the 1970s were marked by stagflation. In 1980, the price of an ounce of gold was $850. The price of oil rose from just under $3 a barrel in 1970 to just under $40 in 1980. The Consumer Price Index (CPI) was over 14 percent in 1980 (chart 1). It was only in the early 1980s that the CPI began to decline, when Paul Volcker, Fed chairman at the time, raised the federal funds rate to almost 20 percent (chart 2).

Chart 1: Consumer Price Index (1965–85)

Source: Trading Economics; author’s own elaboration.

Chart 2: Federal Funds Rate (1970–88)

Source: FRED; author’s own elaboration.

However, in 1980, the US federal debt was “only” $930.2 billion (chart 3). Thus, it was possible to significantly increase interest rates without causing major impacts on the economy. Today, the federal debt is above $30.5 trillion. The Fed can’t raise rates without crashing the economy. The US has gone from being the world’s biggest creditor in the early 1970s to the world’s biggest debtor today (the US has more debt than all other governments in the world combined).

Chart 3: Federal Debt for the United States (1970–2021)

Source: FRED; author’s own elaboration.

As the federal funds rate rose, the USD appreciated and there was a restoration of confidence in the currency. This (along with the fact that the US dollar was already the currency in which oil and other commodities were priced) allowed the USD to remain the main world reserve currency. And this, along with the fact that the USD has been unbacked since 1971, has allowed the US to inflate it over time, destroying its value. As of August 3, 2022, the ounce of gold costs $1765:

Chart 4: Price of Gold (In US Dollars)

Price of 1 Kg – 1Kg = 2.20462 Pounds (Left Axis); Price of an Ounce (Right Axis).

Source: goldprice.org; author’s own elaboration.

Conclusion

The consequences of the end of the gold standard began to be felt in the 1970s.

The devaluation of the USD substantially reduced Americans’ real wages. 

Before 1970, usually only one member of a family was able to support it.

From the 1970s onwards, this began to change to the point where today this is only possible for wealthier people. Despite all the technological advancements, the standard of living today is lower than in the 1950s and the 1960s, as today, in order to live and to buy things they want or need, people need to work a lot more (and even go into debt).

If the USD had not been devalued since 1913 (or even if it had been appreciated, which is what tends to occur when there is no monetary expansion), the standard of living would be much higher today.

Tyler Durden
Fri, 08/26/2022 – 16:25

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The Redacted Mar-a-Lago Search Warrant Affidavit Sheds Light on the FBI’s Concerns and Trump’s Defense


Trump's lawyer says movers inadvertently took government documents to Mar-a-Lago.

Because the public version of the Mar-a-Lago search warrant affidavit is heavily redacted, it does not resolve lingering questions about the FBI’s justification for searching former President Donald Trump’s residence at his Palm Beach resort. But the document does shed some light on the circumstances that led to the August 8 search, during which the FBI seized 11 sets of documents marked as classified, along with unclassified presidential records that belonged in the National Archives. The affidavit—which was unsealed by U.S. Magistrate Judge Bruce Reinhart, who approved the search warrant—also clarifies Trump’s defense against possible criminal charges stemming from his retention of those documents.

According to the affidavit, which the Justice Department published today, the National Archives and Record Administration (NARA) first requested the return of missing presidential records on May 6, 2021, three and a half months after Trump left office. It “continued to make requests until approximately late December 2021,” when “NARA was informed twelve boxes were found and ready for retrieval.” Trump’s representatives ultimately turned over 15 boxes in January, a year after President Joe Biden’s inauguration.

On February 9, after NARA discovered that the boxes contained classified documents, it referred the matter to the Justice Department. NARA reported that the boxes contained “newspapers, magazines, printed news articles, photos, miscellaneous print-outs, notes, presidential correspondence, personal and post-presidential records, and ‘a lot of classified records.'” It said “highly classified records were unfoldered, intermixed with other records, and otherwise unproperly [sic] identified.”

From May 16 to May 18, “FBI agents conducted a preliminary review” of the 15 boxes. They found “184 unique documents bearing classification markings, including 67 documents marked as CONFIDENTIAL, 92 documents marked as SECRET, and 25 documents marked as TOP SECRET.”

Some of the documents had markings requiring special handling: HCS (HUMINT Control System), FISA (Foreign Intelligence Surveillance Act), ORCON (Originator Control), NOFORN (Not Releasable to Foreign Nationals), and SI (Special Intelligence). The affidavit notes that HCS and SI fall under the heading of “sensitive compartmented information” (SCI), which refers to “classified information concerning or derived from intelligence sources, methods, or analytical processes” that “is required to be handled within formal access control systems.”

The affidavit includes a May 25 letter from Trump lawyer Evan Corcoran to Jay Bratt, chief of the Counterintelligence and Export Control Section in the Justice Department’s National Security Division. Corcoran said documents “purportedly marked as classified” were “once in the White House and unknowingly included among the boxes brought to Mar-a-Lago by the movers.” He portrayed Trump as completely cooperative with NARA’s requests. “The communications regarding the transfer of boxes to NARA were friendly, open, and straightforward,” he wrote, adding that Trump  “readily and voluntarily agreed” to relinquish the records.

Corcoran urged Bratt to keep in mind “a few bedrock principles.” First, “a president has absolute authority to declassify documents.” Second, “presidential actions involving classified documents are not subject to criminal sanction.”

Under 18 USC 1924, Corcoran noted, it is a felony, punishable by up to five years in prison, for “an officer, employee, contractor, or consultant of the United States” to knowingly remove classified records “without authority and with the intent to retain such documents or materials at an unauthorized location.” That provision, he said, “does not apply to the President,” who does not qualify as “an officer, employee, contractor, or consultant of the United States.” Corcoran also warned that “any attempt to impose criminal liability on a President or former President that involves his actions with respect to documents marked classified would implicate grave constitutional separation-of-powers issues.”

Corcoran did not address 18 USC 793(e), one of the statutes that the FBI would later cite in its search warrant affidavit. As relevant here, that provision applies to anyone who has “unauthorized possession” of “information relating to the national defense” that he “has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation” and who “willfully retains” that information and “fails to deliver it to the officer or employee of the United States entitled to receive it.”

The definition of that offense, which is a felony punishable by up to 10 years in prison, does not hinge on the defendant’s job. Nor does the statute mention classification, although defense information of the sort it describes presumably would be classified.

Corcoran also did not address the two other laws that the Mar-a-Lago search warrant cited. 18 USC 2071 makes it a felony, punishable by up to three years in prison, to conceal, remove, or destroy a U.S. government document. 18 USC 1519 makes it a felony, punishable by up to 20 years in prison, to conceal “any record, document, or tangible object” with the intent to “impede, obstruct, or influence” a federal investigation.

After noting Corcoran’s letter, the FBI affidavit mentions a May 5 Breitbart News story in which Kash Patel, a former National Security Council staffer who represented Trump in his negotiations with NARA, asserted that Trump “had declassified the materials at issue.” That paragraph is followed by two-and-half completely redacted pages, which might include the FBI’s rebuttal of the argument that Trump cannot be criminally liable for retaining sensitive documents because they were no longer classified.

Trump claims he had “a standing order” as president that automatically declassified any material he happened to remove from the Oval Office. It is not clear whether Trump ever actually issued such an order, which was news to John Bolton, who served as his national security adviser for 17 months in 2018 and 2019, and to Glenn Gerstell, who served as general counsel for the National Security Agency from 2015 to 2020.

Even if Trump did declassify the documents he retained when he still had the authority to do so, that would not be relevant under 18 USC 2071 or 18 USC 1519. Depending on how “information relating to the national defense” is defined, declassification might not be relevant under 18 USC 793 either. If we were allowed to read it, the blacked-out section of the affidavit that follows the reference to Patel might clarify the FBI’s position on that issue.

On June 8, according to the affidavit, the Justice Department sent Trump’s lawyers a letter that “reiterated” the government’s concerns about the security of the documents stored at Mar-a-Lago. “As I previously indicated to you, Mar-a-Lago does not include a secure location authorized for the storage of classified information,” the letter said. “It appears that since the time classified documents…were removed from the secure facilities at the White House and moved to Mar-a-Lago on or around January 20, 2021, they have not been handled in an appropriate manner or stored in an appropriate location. Accordingly, we ask that the room at Mar-a-Lago where the documents had been stored be secured and that all of the boxes that were moved from the White House to Mar-a-Lago (along with any other items in that room) be preserved in that room in their current condition until further notice.”

The New York Times reports that Trump’s staff responded to the Justice Department’s concerns by replacing the padlock on the storage room. But after obtaining surveillance video from Mar-a-Lago, the FBI reportedly was alarmed by footage of people removing material from that room. And contrary to the Justice Department’s request that all of the classified documents be kept in that location, the Times says, the FBI search found some in the closet of Trump’s office.

After the affidavit quotes the June 8 letter from the Justice Department, the narrative is again interrupted by several pages of complete redactions. But around the same time, according to the Times, “aides to Mr. Trump turned over a few dozen additional sensitive documents” in response to a federal subpoena. The FBI worried that there were more, and evidently, it confirmed that suspicion by interviewing people who had seen classified documents at Mar-a-Lago after the June visit.

Verifying that point would have been crucial in establishing probable cause to believe that a search would find items “possessed in violation of” the three laws that the FBI cited. But the section of the affidavit describing the evidence supporting that conclusion is blacked out, presumably because it would reveal the FBI’s sources and compromise its ongoing investigation. Based on that redacted information, the FBI sought and received permission to search not only the storage room but also Trump’s “residential suite, Pine Hall, the ’45 Office,’ and other spaces” at Mar-a-Lago that “are not currently authorized locations for the storage of classified information or NDI [national defense information].”

Because of the extensive redactions, it is still not clear exactly why the FBI decided to take that unprecedented and politically explosive step. The blacked-out passages might include further evidence of Trump’s recalcitrance or his sloppy handling of the documents, which would make it easier to understand why the FBI chose a more aggressive and conspicuous approach than, say, trying again with another subpoena.

The missing information also might support the suspicion that Trump willfully retained government documents and deliberately obstructed the FBI’s investigation. In Corcoran’s telling, Trump’s movers inadvertently took the documents to Mar-a-Lago, and Trump promptly took action to remedy the situation when it came to his attention. That gloss seems pretty implausible in light of Trump’s protracted negotiations with NARA and the Justice Department. But even if Trump was not as attentive and cooperative as Corcoran suggests, that does not necessarily mean he had criminal intent.

Finally, the unexpurgated affidavit might give us some clue as to the nature of the information that the FBI was trying to protect. We know that it found “scores of additional documents” (per the Times) with markings ranging from “confidential” to “top secret/SCI” (per the search inventory). Trump insists that, despite those labels, he had declassified all of the material that the FBI seized, which implies that he thought it posed no threat to national security. While it certainly would not be safe to trust Trump’s judgment on that question (or pretty much anything else), the FBI has not publicly explained why it thought the danger was grave and imminent enough to justify a search that was bound to be enormously controversial.

The post The Redacted Mar-a-Lago Search Warrant Affidavit Sheds Light on the FBI's Concerns and Trump's Defense appeared first on Reason.com.

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The Redacted Mar-a-Lago Search Warrant Affidavit Sheds Light on the FBI’s Concerns and Trump’s Defense


Trump's lawyer says movers inadvertently took government documents to Mar-a-Lago.

Because the public version of the Mar-a-Lago search warrant affidavit is heavily redacted, it does not resolve lingering questions about the FBI’s justification for searching former President Donald Trump’s residence at his Palm Beach resort. But the document does shed some light on the circumstances that led to the August 8 search, during which the FBI seized 11 sets of documents marked as classified, along with unclassified presidential records that belonged in the National Archives. The affidavit—which was unsealed by U.S. Magistrate Judge Bruce Reinhart, who approved the search warrant—also clarifies Trump’s defense against possible criminal charges stemming from his retention of those documents.

According to the affidavit, which the Justice Department published today, the National Archives and Record Administration (NARA) first requested the return of missing presidential records on May 6, 2021, three and a half months after Trump left office. It “continued to make requests until approximately late December 2021,” when “NARA was informed twelve boxes were found and ready for retrieval.” Trump’s representatives ultimately turned over 15 boxes in January, a year after President Joe Biden’s inauguration.

On February 9, after NARA discovered that the boxes contained classified documents, it referred the matter to the Justice Department. NARA reported that the boxes contained “newspapers, magazines, printed news articles, photos, miscellaneous print-outs, notes, presidential correspondence, personal and post-presidential records, and ‘a lot of classified records.'” It said “highly classified records were unfoldered, intermixed with other records, and otherwise unproperly [sic] identified.”

From May 16 to May 18, “FBI agents conducted a preliminary review” of the 15 boxes. They found “184 unique documents bearing classification markings, including 67 documents marked as CONFIDENTIAL, 92 documents marked as SECRET, and 25 documents marked as TOP SECRET.”

Some of the documents had markings requiring special handling: HCS (HUMINT Control System), FISA (Foreign Intelligence Surveillance Act), ORCON (Originator Control), NOFORN (Not Releasable to Foreign Nationals), and SI (Special Intelligence). The affidavit notes that HCS and SI fall under the heading of “sensitive compartmented information” (SCI), which refers to “classified information concerning or derived from intelligence sources, methods, or analytical processes” that “is required to be handled within formal access control systems.”

The affidavit includes a May 25 letter from Trump lawyer Evan Corcoran to Jay Bratt, chief of the Counterintelligence and Export Control Section in the Justice Department’s National Security Division. Corcoran said documents “purportedly marked as classified” were “once in the White House and unknowingly included among the boxes brought to Mar-a-Lago by the movers.” He portrayed Trump as completely cooperative with NARA’s requests. “The communications regarding the transfer of boxes to NARA were friendly, open, and straightforward,” he wrote, adding that Trump  “readily and voluntarily agreed” to relinquish the records.

Corcoran urged Bratt to keep in mind “a few bedrock principles.” First, “a president has absolute authority to declassify documents.” Second, “presidential actions involving classified documents are not subject to criminal sanction.”

Under 18 USC 1924, Corcoran noted, it is a felony, punishable by up to five years in prison, for “an officer, employee, contractor, or consultant of the United States” to knowingly remove classified records “without authority and with the intent to retain such documents or materials at an unauthorized location.” That provision, he said, “does not apply to the President,” who does not qualify as “an officer, employee, contractor, or consultant of the United States.” Corcoran also warned that “any attempt to impose criminal liability on a President or former President that involves his actions with respect to documents marked classified would implicate grave constitutional separation-of-powers issues.”

Corcoran did not address 18 USC 793(e), one of the statutes that the FBI would later cite in its search warrant affidavit. As relevant here, that provision applies to anyone who has “unauthorized possession” of “information relating to the national defense” that he “has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation” and who “willfully retains” that information and “fails to deliver it to the officer or employee of the United States entitled to receive it.”

The definition of that offense, which is a felony punishable by up to 10 years in prison, does not hinge on the defendant’s job. Nor does the statute mention classification, although defense information of the sort it describes presumably would be classified.

Corcoran also did not address the two other laws that the Mar-a-Lago search warrant cited. 18 USC 2071 makes it a felony, punishable by up to three years in prison, to conceal, remove, or destroy a U.S. government document. 18 USC 1519 makes it a felony, punishable by up to 20 years in prison, to conceal “any record, document, or tangible object” with the intent to “impede, obstruct, or influence” a federal investigation.

After noting Corcoran’s letter, the FBI affidavit mentions a May 5 Breitbart News story in which Kash Patel, a former National Security Council staffer who represented Trump in his negotiations with NARA, asserted that Trump “had declassified the materials at issue.” That paragraph is followed by two-and-half completely redacted pages, which might include the FBI’s rebuttal of the argument that Trump cannot be criminally liable for retaining sensitive documents because they were no longer classified.

Trump claims he had “a standing order” as president that automatically declassified any material he happened to remove from the Oval Office. It is not clear whether Trump ever actually issued such an order, which was news to John Bolton, who served as his national security adviser for 17 months in 2018 and 2019, and to Glenn Gerstell, who served as general counsel for the National Security Agency from 2015 to 2020.

Even if Trump did declassify the documents he retained when he still had the authority to do so, that would not be relevant under 18 USC 2071 or 18 USC 1519. Depending on how “information relating to the national defense” is defined, declassification might not be relevant under 18 USC 793 either. If we were allowed to read it, the blacked-out section of the affidavit that follows the reference to Patel might clarify the FBI’s position on that issue.

On June 8, according to the affidavit, the Justice Department sent Trump’s lawyers a letter that “reiterated” the government’s concerns about the security of the documents stored at Mar-a-Lago. “As I previously indicated to you, Mar-a-Lago does not include a secure location authorized for the storage of classified information,” the letter said. “It appears that since the time classified documents…were removed from the secure facilities at the White House and moved to Mar-a-Lago on or around January 20, 2021, they have not been handled in an appropriate manner or stored in an appropriate location. Accordingly, we ask that the room at Mar-a-Lago where the documents had been stored be secured and that all of the boxes that were moved from the White House to Mar-a-Lago (along with any other items in that room) be preserved in that room in their current condition until further notice.”

The New York Times reports that Trump’s staff responded to the Justice Department’s concerns by replacing the padlock on the storage room. But after obtaining surveillance video from Mar-a-Lago, the FBI reportedly was alarmed by footage of people removing material from that room. And contrary to the Justice Department’s request that all of the classified documents be kept in that location, the Times says, the FBI search found some in the closet of Trump’s office.

After the affidavit quotes the June 8 letter from the Justice Department, the narrative is again interrupted by several pages of complete redactions. But around the same time, according to the Times, “aides to Mr. Trump turned over a few dozen additional sensitive documents” in response to a federal subpoena. The FBI worried that there were more, and evidently, it confirmed that suspicion by interviewing people who had seen classified documents at Mar-a-Lago after the June visit.

Verifying that point would have been crucial in establishing probable cause to believe that a search would find items “possessed in violation of” the three laws that the FBI cited. But the section of the affidavit describing the evidence supporting that conclusion is blacked out, presumably because it would reveal the FBI’s sources and compromise its ongoing investigation. Based on that redacted information, the FBI sought and received permission to search not only the storage room but also Trump’s “residential suite, Pine Hall, the ’45 Office,’ and other spaces” at Mar-a-Lago that “are not currently authorized locations for the storage of classified information or NDI [national defense information].”

Because of the extensive redactions, it is still not clear exactly why the FBI decided to take that unprecedented and politically explosive step. The blacked-out passages might include further evidence of Trump’s recalcitrance or his sloppy handling of the documents, which would make it easier to understand why the FBI chose a more aggressive and conspicuous approach than, say, trying again with another subpoena.

The missing information also might support the suspicion that Trump willfully retained government documents and deliberately obstructed the FBI’s investigation. In Corcoran’s telling, Trump’s movers inadvertently took the documents to Mar-a-Lago, and Trump promptly took action to remedy the situation when it came to his attention. That gloss seems pretty implausible in light of Trump’s protracted negotiations with NARA and the Justice Department. But even if Trump was not as attentive and cooperative as Corcoran suggests, that does not necessarily mean he had criminal intent.

Finally, the unexpurgated affidavit might give us some clue as to the nature of the information that the FBI was trying to protect. We know that it found “scores of additional documents” (per the Times) with markings ranging from “confidential” to “top secret/SCI” (per the search inventory). Trump insists that, despite those labels, he had declassified all of the material that the FBI seized, which implies that he thought it posed no threat to national security. While it certainly would not be safe to trust Trump’s judgment on that question (or pretty much anything else), the FBI has not publicly explained why it thought the danger was grave and imminent enough to justify a search that was bound to be enormously controversial.

The post The Redacted Mar-a-Lago Search Warrant Affidavit Sheds Light on the FBI's Concerns and Trump's Defense appeared first on Reason.com.

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Julie Holland: ‘How You Can Feel Good, With or Without Drugs’


Julie-Holland

My guest today is Julie Holland, a psychiatrist whose newest book is Good Chemistry: The Science of Connection from Soul to Psychedelics.

It’s a fantastic read that is steeped in the latest research about what she calls the loneliness epidemic and the psychopharmacology that is helping us find our way forward. When I asked her to summarize what her book is about, she told me, “Good Chemistry is about all the good stuff, how you can feel good, with or without drugs.” That last point is particularly important, I think: Drugs are tools that can help us become all that we can be (to paraphrase the United States Army’s advertising slogan in the 1980s), but they are neither necessary nor sufficient by themselves.

At 56, Holland is armed with degrees from Philadelphia’s University of Pennsylvania and Temple University and decades of clinical and research experience. She’s a legend and pioneer in the psychedelic space, where she has long worked with groups such as MAPs (the Multidisciplinary Association for Psychedelic Studies) and edited volumes such as Ecstasy: The Complete Guide and The Pot Book: A Complete Guide to Cannabis. She’s one of the people who is building out what I think of as a post-prohibition drug culture by asking what our world might look like when we are finally free from government restrictions on all the tools available to us to actualize fully as individuals and as a society.

Holland is also the author of the bestsellers Moody Bitches and Weekends at Bellevue, parent to two kids, a musician, and a headliner at The Psychedelic Assembly, a fantastic event this September 10 and 11 in New York City at which I’ll also be appearing.

The post Julie Holland: 'How You Can Feel Good, With or Without Drugs' appeared first on Reason.com.

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Nearly 50,000 People Were Held in Solitary Confinement in the U.S. Last Year, Study Finds 


hands hanging out of a prison cell

Despite a number of state reforms over the past decade, nearly 50,000 people were held in solitary confinement in prison systems across the country last year, according to a report released Wednesday. 

The report, “Time-In-Cell: A 2021 Snapshot of Restrictive Housing,” co-authored by the Correctional Leaders Association and the Arthur Liman Center for Public Interest Law at Yale Law School, estimates that as of July 2021, between 41,000 and 48,000 people were held in isolation in U.S. prison cells.

The report is part of a decadelong study on the number of prisoners held in solitary confinement, the most comprehensive attempt yet made to measure the use of solitary confinement in the U.S., which the authors define as isolation in a cell for 22 or more hours a day for 15 days or more. (In 2011, the United Nations Special Rapporteur on torture concluded that solitary confinement beyond 15 days constituted cruel and inhumane punishment.)

“The Liman report is the gold standard in tracking solitary confinement in US prisons,” says David Fathi, director of the American Civil Liberties Union’s National Prison Project. “Unfortunately, this time around 15 states refused to participate, including some of the most notorious users of long-term solitary confinement.”

The reports show a gradual downward trend in the use of solitary confinement. The authors say three states reported holding no one in isolation in July, and two other states reported fewer than 10 people in solitary.

Prior to COVID-19, the daily number sat around 60,000 people, according to 2018 estimates. However, during the pandemic, the number of inmates held in solitary confinement spiked to 300,000, according to a report released by Unlock the Box, a coalition of civil rights groups that oppose solitary confinement.

In 2016, there were at least 67,000 inmates in solitary confinement, according to the survey, and in 2014, there were 80,000 to 100,000. Those numbers are all self-reported by jails and prisons.

Part of the decline is due to state reforms, and part is due to the overall decline in prison populations. Wednesday’s report notes that “between 2018 and 2020, when the last report was published, legislators in more than twenty-five states introduced bills to limit the use of restrictive housing, and some fifteen enacted legislation.”

Advocacy groups put pressure on state prison systems to limit the use of solitary confinement, citing evidence that locking human beings in tiny boxes alone for years at a time has profound negative psychological effects, especially on those already suffering or at risk of mental illness. 

Such observations are not new. After visiting Pennsylvania’s Eastern State Penitentiary in 1842, Charles Dickens wrote that the “immense amount of torture and agony” inflicted by solitary confinement was largely hidden from public view, and he denounced the practice as “a secret punishment which slumbering humanity is not roused up to stay.”

Wednesday’s report says that prison systems reported a total of 1,138 seriously mentally ill people in restrictive housing.

Advocacy groups also drew attention to the plight of people who had been held in solitary confinement for years, sometimes decades. One of the most notable cases was Albert Woodfox, who spent 43 years in solitary confinement, possibly the longest stint in U.S. history, in Louisiana’s notorious Angola Prison. Woodfox was freed in 2016 and died earlier this month

According to Wednesday’s report, 6,040 individuals were in solitary confinement for a year or more, and 924 had been in restrictive housing for more than a decade.

“While the apparent decline in solitary confinement is welcome news, the fact remains that the number of people in solitary should be zero,” Fathi says. “Decades of evidence shows the irreversible physical and psychological harm long-term solitary confinement causes. There is no defensible reason for prisons and other detention facilities to keep using long term solitary confinement, which is recognized as a form of torture.”

The post Nearly 50,000 People Were Held in Solitary Confinement in the U.S. Last Year, Study Finds  appeared first on Reason.com.

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