Chile’s Proposed Left-Wing Constitution Could Spell Chaos


Chile Protests

In the fall of 2019, a subway fare hike in Santiago, Chile, set off some of the most violent protests in Latin America’s recent history. In what the media dubbed a “social outburst,” rioters destroyed churches, metro stations, and toll booths. 

The protests culminated in the election of the 36-year-old leftist President Gabriel Boric, who has pledged to nationalize Chile’s private pension system, raise taxes, and create a more green economy.

Even before that, protesters went after the Chilean Constitution itself. In a nationwide referendum held in October 2020, 78 percent of voters opted to replace it. 

On September 4, they’ll return to the polls to approve or reject a new draft constitution, which, if passed, could bring a tragic and decisive end to Chile’s so-called economic miracle that turned the country into a model for how free market policies can benefit the poor.

The current constitution was adopted in 1980, when Chile was still one of Latin America’s poorest countries. Over the next 40 years, the government tamed inflation, privatized industries, and slashed tariffs and red tape, which caused its GDP to soar and poverty to plummet. 

Extreme poverty fell drastically, and staples of modern living like TVs, refrigerators, and washing machines became a feature in almost every home. 

Here’s the problem: Chile’s 1980 constitution was adopted during the military dictatorship led by General Augusto Pinochet, who took control of the country in a murderous 1973 coup. Because of this, some say the constitution is illegitimate.

The best way to address problems with the document is not to scrap it altogether, but to revise it, which is exactly what’s happened: since the return to democratic governance in 1989, the Chilean Constitution has been amended 140 times.

Rewriting the constitution, as an elected body has been doing over the past year, has predictably created a feeding frenzy for political interests looking to codify special rights and privileges into the nation’s most important legal document. 

The Economist described the country’s draft constitution as “a fiscally irresponsible left-wing wish list.” It bans “job insecurity,” expands welfare programs, mandates gender parity in all public institutions, and grants “social” rights that would expand the role of the state in health care, education, and housing

The document permits property and asset seizures by legislative decree without compensation for rightful property owners. It constrains the mining industry, eliminates school choice, and would disband the Senate, making it easier for the executive branch to circumvent the opposition and enact its agenda. 

These provisions are spelled out in almost 54,000 words—which is about seven times as long as the U.S. Constitution. 

Unlike that document, which has been in place since 1788, the Chilean draft constitution focuses on expanding state power rather than constraining it.

Chile’s draft constitution is even longer than Venezuela’s, which was redrafted by Hugo Chávez’ administration during his first year in office and set the stage for the country’s socialist revolution, descent into dictatorship, and ensuing economic collapse.

Venezuela has had 26 constitutions in a little over two centuries. In general, the practice of scrapping and rewriting constitutions helps to explain Latin America’s relentless political turmoil. 

A constitution provides legal stability and predictability—like a computer operating system. Tampering with any foundational code creates security holes that are easily exploited by political opportunists looking to amplify their own power and overturn the established order.

Even if Chileans reject the new constitution—and, thankfully, polls indicate that they probably will—Boric can choose to start the process again with the election of yet another constitutional assembly to draft yet another version.

That could bring years of chaos, economic stagnation, and legal uncertainty. Now that Latin America’s free market experiment and “economic miracle” may be coming to an end, hopefully, the rest of the world can learn from the experience of Chile once again: Beware leftist pipe dreams.

 

Produced by Daniel Raisbeck and Alyssa Varas: Edited by Danielle Thompson

Photo Credits: DARDE/SIPA/Newscom; World History Archive/Newscom; Album / Oronoz/Newscom; Elyxandro Cegarra/ZUMA Press/Newscom; Matias Basualdo/ZUMAPRESS/Newscom; Felipe Figueroa / SOPA Images/Si/Newscom; Lucas Aguayo Araos/ZUMAPRESS/Newscom; Claudio Abarca Sandoval/ZUMAPRESS/Newscom; Alberto Valdes/EFE/Newscom; Jose Miguel Rojas/SIPA/SIPA/Newscom; Jose Miguel Rojas/SIPA/SIPA/Newscom; DPST/Newscom; Alberto Valdes/EFE/Newscom; Peter Langer / DanitaDelimont.com / “Danita Delimont Photography”/Newscom; A3116 Tim Brakemeier / Deutsch Presse Agentur/Newscom; Ben185/Newscom; Lucas Aguayo Araos / SOPA Images/Newscom; Alberto Valdes/EFE/Newscom; Jon G. Fuller / VWPics/Newscom; Matias Basualdo/ZUMAPRESS/Newscom; Trevor Collens / Photoshot Trevor Collens/Photoshot/Newscom; HUMBERTO MATHEUS/EFE/Newscom; HUMBERTO MATHEUS/EFE/Newscom; Jorge Villegas / Xinhua News Agency/Newscom; Matias Basualdo/ZUMAPRESS/Newscom; Yadid Levy/robertharding/Newscom; akg-images/Newscom; Pablo Rojas Madariaga/ZUMA Press/Newscom; Matias Basualdo/ZUMAPRESS/Newscom; Felipe Figueroa/ZUMAPRESS/Newscom; Felipe Figueroa / SOPA Images/Si/Newscom; Vanessa Rubilar/ZUMAPRESS/Newscom; B1mbo, CC BY-SA 4.0, via Wikimedia Commons; Biblioteca del Congreso Nacional de Chile, CC BY-SA 3.0 CL, via Wikimedia Commons; Usuario Patricio Mecklenburg Díaz (Metronick), CC BY-SA 3.0, via Wikimedia Commons; .:GIO::IAB:., CC BY-SA 2.0, via Wikimedia Commons.

Music Credits: “Intrepid” by Brianna Tam via Artlist; “Odd Numbers” by Curtis Cole via Artlist; “Ripples” by Tamuz Dekel via Artlist; “Circularity” Brianna Tam via Artlist

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‘FUCK’ Belongs to Everyone


Multicolored wood letters spelling "fuck" on green background.

Most trademark and patent applications can seem dry and boring. But this week, the U.S. authority on trademarks ruled that the word fuck belongs to everybody.

In 1990, Erik Brunetti started a clothing brand for skateboarders called FUCT. That nominally stood for “Friends U Can’t Trust,” but it was mostly chosen because phonetically, it would read as fucked. In 2011, Brunetti filed to trademark the name in an attempt to crack down on counterfeiters. Importantly, trademarks grant someone the legal right to be the only person who may profit from a particular brand, whether it’s a word, phrase, or symbol.

The U.S. Patent and Trademark Office (PTO) denied Brunetti’s request, a decision that was upheld by the Trademark Trial and Appeal Board (TTAB). The PTO claimed that since FUCT is “the phonetic equivalent of the word ‘Fucked,’ the past tense form of the verb ‘fuck,'” it constitutes “vulgar, profane and scandalous slang.” The ruling cited the Lanham Act, which in part forbids trademarks that could be seen as “immoral or scandalous.”

In its 2019 decision in Iancu v. Brunetti, the Supreme Court overruled the PTO as well as the Lanham Act provision, determining that such a ban constituted viewpoint discrimination. The ruling built upon a case involving The Slants, a band with all Asian-American members. The band’s lead singer, Simon Tam, had been denied the right to trademark its name on the basis that it could be offensive to Asian Americans. The denial even conceded that the name was intended “not to disparage, but rather to wrest ‘ownership’ of the term from those who might use it with the intent to disparage.” In Matal v. Tam (2017), the court ruled unanimously that “speech may not be banned on the ground that it expresses ideas that offend.”

In 2019, before the Supreme Court ruled his way on FUCT, Brunetti doubled down and applied for the rights to the word fuck.

Over multiple applications, Brunetti sought the exclusive rights to use everyone’s favorite curse word on retail goods such as jewelry, cellphone cases, and duffel bags. Earlier this week, Brunetti was again denied by the TTAB, but this time for a different reason.

In its original denial, the PTO cited the number of fuck entries in such online resources as Urban Dictionary and Wikipedia, as well as the ubiquity of fuck-branded merchandise on sites like Etsy, Threadless, and Spencer’s. In upholding the denial, the TTAB cited precedent stating that “designations that are merely informational, including certain widelyused messages, fail to function as a [trade]mark and cannot be registered.”

The ruling further details the word’s extensive history and interchangeability: “The word FUCK is no ordinary word, but rather one that has acquired a multitude of recognized meanings since its first recorded use, and whose popularity has soared over the years, particularly in recent times, transforming what was once a taboo word to be spoken in hushed tones to one that is trendy and cosmopolitan.”

But “mere commonality…is not the test.” As the ruling concludes, “the function of a trademark is to identify a single source and to distinguish that seller’s goods from others, and the Trademark Act does not allow registration unless a proposed mark serves this function…Applicant cannot appropriate the term exclusively to itself, denying others the ability to use it freely.”

Quoting from a cited case, the ruling determines, “‘It is the type of expression that should remain free for all to use.‘”

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No, PPP Doesn’t Justify Biden’s Student Loan Bailout


student loan student debt forgiveness Joe Biden White House COVID-19 Paycheck Protection Program bailout

Let’s be very clear about one thing up front: The federal government’s Paycheck Protection Program, which effectively paid businesses to keep workers on their payroll even if they temporarily closed during the COVID-19 pandemic, was a mess.

After quickly burning through its initial allocation of $349 billion, the Paycheck Protection Program was reauthorized a few times and ended up costing more than $820 billion, making it one of the largest components of the federal government’s humongous COVID relief effort. Despite being lauded by both Democrats and Republicans, independent analysis found that the program was a hugely expensive failure. Only about one-third of the program’s money actually went to workers who would have otherwise lost their jobs, according to a National Bureau of Economic Research study. Another study by the Federal Reserve Bank of St. Louis found that taxpayers paid roughly $4 for every $1 of wages and benefits to workers.

That is, to put it mildly, not the kind of government program that should serve as a model for other policies.

And yet, advocates for the student loan forgiveness program announced by President Joe Biden this week keep bringing up the Paycheck Protection Program as if it somehow justifies this latest expensive government bailout. It started, as most stupid arguments do, on Twitter, where progressive activists, advocacy groups like the Center for American Progress, and lawmakers like Sen. Bernie Sanders (I–Vt.) made the comparison in various ways. “If we could afford to cancel hundreds of billions in PPP loans to business owners in their time of need, please do not tell me we can’t afford to cancel all student debt for 45 million Americans,” Sanders tweeted on Tuesday.

That’s a silly argument, of course. The federal government can afford to do a lot of things. Governing is about setting priorities; deciding which things are both affordable and worth doing.

By the end of the week, however, the White House had adopted the Paycheck Protection Program comparison as a key talking point in defending the student loan bailout. Over the past two days, the White House’s official Twitter account has called out Republican members of Congress who received Paycheck Protection Program loans and later had those loans forgiven.

Yes, it’s admittedly fun to watch Rep. Marjorie Taylor Greene (R–Ga.) get dunked on, but this comparison wouldn’t make much sense even if the Paycheck Protection Program had been a success—which, again, it wasn’t.

For one, the loans were a response to an unexpected emergency, and they were intended to make whole individuals who were put out of work, in many cases, by the government’s own decision to force businesses to close. As you’re probably aware, the government does not force anyone to take out a student loan. (In fairness, the federal subsidized loan programs do create bad incentives for borrowers, but that’s not quite the same.)

Additionally, the loans handed out by the Paycheck Protection Program and subsequently forgiven were a temporary thing. If the analogy to student debt relief is accurate, then the government would have to also stop handing out discounted student loans that have warped the marketplace and created this entire mess. That would be a good idea! Too bad it isn’t happening.

Instead, Biden has announced a series of changes in how future loan repayment will work that could unspool into a major disaster for colleges and students by causing schools to hike tuition to astronomical levels. Even progressive policy wonks like Matt Bruenig are already expressing concern about this possibility.

The Paycheck Protection Program might have been a wasteful exercise, but the fact that it was a temporary program meant that it did not create ongoing perverse incentives in the marketplace. A business owner couldn’t keep her business closed indefinitely and collect ever-larger loans under the program, but colleges will absolutely raise tuition prices and keep collecting growing piles of money from students getting government-subsidized loans—heck, that’s what colleges have been doing for years.

Still, probably the most important failing of this comparison is what I covered at the very top of this post. The Paycheck Protection Program was a mess! Yes, Taylor Greene and other members of Congress got huge loans that they didn’t have to pay back as part of the federal government’s bloated and wasteful COVID emergency measures. You should be outraged about that. But the proper response to one failed bailout is not another bailout. 

At its core, this comparison of the Paycheck Protection Program to the student loan forgiveness program boils down to “someone else got free money, so I deserve free money too.” That’s the sort of logic you’d expect from a toddler, not from anyone who ever aspired to attend college and certainly not from the White House’s official messaging apparatus.

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Chile’s Proposed Left-Wing Constitution Could Spell Chaos


Chile Protests

In the fall of 2019, a subway fare hike in Santiago, Chile, set off some of the most violent protests in Latin America’s recent history. In what the media dubbed a “social outburst,” rioters destroyed churches, metro stations, and toll booths. 

The protests culminated in the election of the 36-year-old leftist President Gabriel Boric, who has pledged to nationalize Chile’s private pension system, raise taxes, and create a more green economy.

Even before that, protesters went after the Chilean Constitution itself. In a nationwide referendum held in October 2020, 78 percent of voters opted to replace it. 

On September 4, they’ll return to the polls to approve or reject a new draft constitution, which, if passed, could bring a tragic and decisive end to Chile’s so-called economic miracle that turned the country into a model for how free market policies can benefit the poor.

The current constitution was adopted in 1980, when Chile was still one of Latin America’s poorest countries. Over the next 40 years, the government tamed inflation, privatized industries, and slashed tariffs and red tape, which caused its GDP to soar and poverty to plummet. 

Extreme poverty fell drastically, and staples of modern living like TVs, refrigerators, and washing machines became a feature in almost every home. 

Here’s the problem: Chile’s 1980 constitution was adopted during the military dictatorship led by General Augusto Pinochet, who took control of the country in a murderous 1973 coup. Because of this, some say the constitution is illegitimate.

The best way to address problems with the document is not to scrap it altogether, but to revise it, which is exactly what’s happened: since the return to democratic governance in 1989, the Chilean Constitution has been amended 140 times.

Rewriting the constitution, as an elected body has been doing over the past year, has predictably created a feeding frenzy for political interests looking to codify special rights and privileges into the nation’s most important legal document. 

The Economist described the country’s draft constitution as “a fiscally irresponsible left-wing wish list.” It bans “job insecurity,” expands welfare programs, mandates gender parity in all public institutions, and grants “social” rights that would expand the role of the state in health care, education, and housing

The document permits property and asset seizures by legislative decree without compensation for rightful property owners. It constrains the mining industry, eliminates school choice, and would disband the Senate, making it easier for the executive branch to circumvent the opposition and enact its agenda. 

These provisions are spelled out in almost 54,000 words—which is about seven times as long as the U.S. Constitution. 

Unlike that document, which has been in place since 1788, the Chilean draft constitution focuses on expanding state power rather than constraining it.

Chile’s draft constitution is even longer than Venezuela’s, which was redrafted by Hugo Chávez’ administration during his first year in office and set the stage for the country’s socialist revolution, descent into dictatorship, and ensuing economic collapse.

Venezuela has had 26 constitutions in a little over two centuries. In general, the practice of scrapping and rewriting constitutions helps to explain Latin America’s relentless political turmoil. 

A constitution provides legal stability and predictability—like a computer operating system. Tampering with any foundational code creates security holes that are easily exploited by political opportunists looking to amplify their own power and overturn the established order.

Even if Chileans reject the new constitution—and, thankfully, polls indicate that they probably will—Boric can choose to start the process again with the election of yet another constitutional assembly to draft yet another version.

That could bring years of chaos, economic stagnation, and legal uncertainty. Now that Latin America’s free market experiment and “economic miracle” may be coming to an end, hopefully, the rest of the world can learn from the experience of Chile once again: Beware leftist pipe dreams.

 

Produced by Daniel Raisbeck and Alyssa Varas: Edited by Danielle Thompson

Photo Credits: DARDE/SIPA/Newscom; World History Archive/Newscom; Album / Oronoz/Newscom; Elyxandro Cegarra/ZUMA Press/Newscom; Matias Basualdo/ZUMAPRESS/Newscom; Felipe Figueroa / SOPA Images/Si/Newscom; Lucas Aguayo Araos/ZUMAPRESS/Newscom; Claudio Abarca Sandoval/ZUMAPRESS/Newscom; Alberto Valdes/EFE/Newscom; Jose Miguel Rojas/SIPA/SIPA/Newscom; Jose Miguel Rojas/SIPA/SIPA/Newscom; DPST/Newscom; Alberto Valdes/EFE/Newscom; Peter Langer / DanitaDelimont.com / “Danita Delimont Photography”/Newscom; A3116 Tim Brakemeier / Deutsch Presse Agentur/Newscom; Ben185/Newscom; Lucas Aguayo Araos / SOPA Images/Newscom; Alberto Valdes/EFE/Newscom; Jon G. Fuller / VWPics/Newscom; Matias Basualdo/ZUMAPRESS/Newscom; Trevor Collens / Photoshot Trevor Collens/Photoshot/Newscom; HUMBERTO MATHEUS/EFE/Newscom; HUMBERTO MATHEUS/EFE/Newscom; Jorge Villegas / Xinhua News Agency/Newscom; Matias Basualdo/ZUMAPRESS/Newscom; Yadid Levy/robertharding/Newscom; akg-images/Newscom; Pablo Rojas Madariaga/ZUMA Press/Newscom; Matias Basualdo/ZUMAPRESS/Newscom; Felipe Figueroa/ZUMAPRESS/Newscom; Felipe Figueroa / SOPA Images/Si/Newscom; Vanessa Rubilar/ZUMAPRESS/Newscom; B1mbo, CC BY-SA 4.0, via Wikimedia Commons; Biblioteca del Congreso Nacional de Chile, CC BY-SA 3.0 CL, via Wikimedia Commons; Usuario Patricio Mecklenburg Díaz (Metronick), CC BY-SA 3.0, via Wikimedia Commons; .:GIO::IAB:., CC BY-SA 2.0, via Wikimedia Commons.

Music Credits: “Intrepid” by Brianna Tam via Artlist; “Odd Numbers” by Curtis Cole via Artlist; “Ripples” by Tamuz Dekel via Artlist; “Circularity” Brianna Tam via Artlist

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‘FUCK’ Belongs to Everyone


Multicolored wood letters spelling "fuck" on green background.

Most trademark and patent applications can seem dry and boring. But this week, the U.S. authority on trademarks ruled that the word fuck belongs to everybody.

In 1990, Erik Brunetti started a clothing brand for skateboarders called FUCT. That nominally stood for “Friends U Can’t Trust,” but it was mostly chosen because phonetically, it would read as fucked. In 2011, Brunetti filed to trademark the name in an attempt to crack down on counterfeiters. Importantly, trademarks grant someone the legal right to be the only person who may profit from a particular brand, whether it’s a word, phrase, or symbol.

The U.S. Patent and Trademark Office (PTO) denied Brunetti’s request, a decision that was upheld by the Trademark Trial and Appeal Board (TTAB). The PTO claimed that since FUCT is “the phonetic equivalent of the word ‘Fucked,’ the past tense form of the verb ‘fuck,'” it constitutes “vulgar, profane and scandalous slang.” The ruling cited the Lanham Act, which in part forbids trademarks that could be seen as “immoral or scandalous.”

In its 2019 decision in Iancu v. Brunetti, the Supreme Court overruled the PTO as well as the Lanham Act provision, determining that such a ban constituted viewpoint discrimination. The ruling built upon a case involving The Slants, a band with all Asian-American members. The band’s lead singer, Simon Tam, had been denied the right to trademark its name on the basis that it could be offensive to Asian Americans. The denial even conceded that the name was intended “not to disparage, but rather to wrest ‘ownership’ of the term from those who might use it with the intent to disparage.” In Matal v. Tam (2017), the court ruled unanimously that “speech may not be banned on the ground that it expresses ideas that offend.”

In 2019, before the Supreme Court ruled his way on FUCT, Brunetti doubled down and applied for the rights to the word fuck.

Over multiple applications, Brunetti sought the exclusive rights to use everyone’s favorite curse word on retail goods such as jewelry, cellphone cases, and duffel bags. Earlier this week, Brunetti was again denied by the TTAB, but this time for a different reason.

In its original denial, the PTO cited the number of fuck entries in such online resources as Urban Dictionary and Wikipedia, as well as the ubiquity of fuck-branded merchandise on sites like Etsy, Threadless, and Spencer’s. In upholding the denial, the TTAB cited precedent stating that “designations that are merely informational, including certain widelyused messages, fail to function as a [trade]mark and cannot be registered.”

The ruling further details the word’s extensive history and interchangeability: “The word FUCK is no ordinary word, but rather one that has acquired a multitude of recognized meanings since its first recorded use, and whose popularity has soared over the years, particularly in recent times, transforming what was once a taboo word to be spoken in hushed tones to one that is trendy and cosmopolitan.”

But “mere commonality…is not the test.” As the ruling concludes, “the function of a trademark is to identify a single source and to distinguish that seller’s goods from others, and the Trademark Act does not allow registration unless a proposed mark serves this function…Applicant cannot appropriate the term exclusively to itself, denying others the ability to use it freely.”

Quoting from a cited case, the ruling determines, “‘It is the type of expression that should remain free for all to use.‘”

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Calls Between Energy Traders, UK Grid Operator Reveal Power Crisis Might Be Far Worse Than Expected

Calls Between Energy Traders, UK Grid Operator Reveal Power Crisis Might Be Far Worse Than Expected

Once a week, energy traders hop on a call with UK’s electricity network operator, National Grid, managers to ask a series of questions about the state of power markets. Bloomberg’s Javier Blas‘ latest opinion piece reveals some of these conversations between traders and managers that paint a rather dark winter for the UK. 

Here are a series of questions from power traders from last week’s call:

“Are you war-gaming possible options for if/when cross-border trading collapses under security of supply pressures this winter?”

 And another: “Can we have a session where we talk through the emergency arrangements?” 

Another participant said that the forecast for demand-and-supply electricity balance showed “how bad the winter could be for anyone who can do the maths.”

The same caller was blunt about the grid’s own predictions: “I don’t think you believe what you’ve written, and nobody else does.”

One trader asked a question about intervention during a winter crisis:

 “Based on where winter ’22 products are trading, where does this position yourself with respect to securing power over the winter?” asked one participant. 

Why are energy traders so concerned about grid instabilities in the months ahead? Well, UK power prices for winter are going parabolic at about £1,000 per megawatt hour, up from £242 in June. The move is due to declining Russian energy supplies to Europe ahead of winter. 

As Blas pointed out, the British government is offering an optimistic tone about there’s nothing to worry about: 

“Households, businesses and industry can be confident they will get the electricity and gas that they need over the winter,” Downing Street said earlier this week. “That’s because we have one of the most reliable and diverse energy systems in the world.”

Traders are also concerned that if a system-stress event hits a neighboring country and cross-border electricity flows are switched off, that could spark even more chaos for the UK grid. 

“Please, the market needs to understand more fully how interconnectors are to be used in periods of very high prices and potential generation shortfall,” one market participant said last week.

Traders also discussed demand destruction by households and businesses because of soaring power costs. 

“What level of demand reduction, demand destruction, are you forecasting for the winter ahead from commercial industrial consumers as a price response?” was one recent example.

Another repeated the request: “What demand destruction, if any, is included in your demand forecast for this winter for residential and industry?” 

Blas said grid managers could not forecast any figures related to demand destruction to the traders. 

He concluded with three critical takeaways after listening to several calls with traders and grid managers: 

 First, the looming power emergency is worse than many industry executives publicly acknowledge, and a lot more dangerous than the government admits. Second, high prices are a big problem, but security of supply is at risk, too. Third, time is running out to prepare before temperatures start to drop.

Blas warned: “European governments have a duty to come clean with their voters about the magnitude of the coming crisis.” 

Tyler Durden
Fri, 08/26/2022 – 13:08

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The (Heavily Redacted) Trump Search Warrant Affidavit Has Been Released

The (Heavily Redacted) Trump Search Warrant Affidavit Has Been Released

Authored by Techno Fog via The Reactionary (emphasis ours),

The DOJ just released the affidavit submitted in support of the search warrant of former President Trump’s Mar-a-Lago residence.

Here it is for download.

As expected, the judge allowed the Government to heavily redact the affidavit before it went public. In yesterday’s order, the judge found that parts of the affidavit must remain sealed because:

disclosure would reveal (1) the identities of witnesses, law enforcement agents, and uncharged parties, (2) the investigation’s strategy, direction, scope, sources, and methods, and (3) grand jury information protected by Federal Rule of Criminal Procedure 6(e).

This aligns with the DOJ representations that (1) information in the affidavit “could be used to identify many, if not all” of the witnesses; (2) the affidavit would provide a “roadmap for anyone intent on obstructive the investigation.”

Affidavit allegations:

  • Classified materials and “evidence of obstruction”

  • The contents of the boxes reviewed by the FBI

  • Discussions of declassification.

 

  • Allegations of improper storage of materials.

  • Details regarding the search of Trump’s office.

Other thoughts.

Some aren’t so convinced. According to The Wall Street Journal, Kash Patel, one of the foremost experts on Russiagate, has stated he didn’t know what was in the boxes taken from Mar-A-Lago by the FBI. The New York Times also has doubts about whether the documents included Russiagate materials:

None of those documents or any other materials pertaining to the Russia investigation were believed to be in the cache of documents recovered by the F.B.I. during the search of Mar-a-Lago, according to a person with knowledge of the situation.

In fact, many of the Russiagate documents declassified by Trump may already be in possession of the National Archives. According to June 2022 reporting from Politico:

Former President Donald Trump has told the National Archives to grant journalist John Solomon access to non-public administration records, according to Solomon and a spokesperson for the former president.

Solomon said Trump specifically directed the Archives to give him access to documents related to the Russia probe that were declassified in the final days of his administration. And he said the Archives have been cooperative and accommodating.

Then there’s the issue of classification. Does it matter if the documents at Mar-A-Lago were classified or unclassified?

As we stated when the warrant was released, the statutes in question do not necessarily require the documents to be classified. One of the statutes mentioned in the warrant – 18 USC § 2071 – prohibits the removal of “any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office. . .” Prosecution under § 2071 does not depend on the classification of the document.

The Espionage Act (18 USC § 793) is also referenced in the warrant. Over at Lawfare they guessed that “the part of the Espionage Act that is likely most relevant in this case is § 793(d).” They ended up being wrong. The affidavit cites to 793(e), which prohibits the unauthorized possession and retention of documents “relating to the national defense.”

The Espionage Act does not contain the term “classified.” And although the law’s application considers the status of classification, there’s a question of whether the documents must be classified for charges to be brought. See US v. Morison, 844 F.2d 1057, 1076 (4th Cir. 1988) (discussing the narrowing of the definition of documents “relating to the national defense” to those documents “which had been ‘closely held’ by the government and was ‘not available to the general public’”). This leads us to ask whether the government can consider a document to be “closely held” if it isn’t classified.

The affidavit answers that question, stating “information related to the national defense” has been construed broadly by the courts.

Make no mistake: the Garland DOJ would see no issue with prosecuting for the retention of unclassified documents. But maybe they don’t need to go that far, as they’re alleging the materials at Mar-a-Lago were classified. From the DOJ’s April 29, 2022 letter to Trump’s attorneys: “among the materials in the boxes are over 100 documents with classification markings, comprising more than 700 pages.” And back in May 2022, NARA stated it had “identified items marked as classified national security information, up to the level of Top Secret and including Sensitive Compartmented Information and Special Access Program materials.” And now we have the affidavit’s allegations that the materials were classified.

Read more here…

[ZH: Some hot takes from The Federalist‘s Sean Davis]

Tyler Durden
Fri, 08/26/2022 – 12:49

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Chinese ADRs Spike After SEC Reaches Audit Agreement With Beijing

Chinese ADRs Spike After SEC Reaches Audit Agreement With Beijing

The U.S. and China, in their first measure of any type of diplomatic progress in months, appear to have reached a preliminary agreement on audit inspections for U.S. listed, China-based companies. 

China-linked U.S. listed stocks are rocketing higher in the pre-market session as a result. The KraneShares CSI China Internet ETF was up almost 5% on the news, as China-based tech stocks like Alibaba, JD and others were bid higher. 

Even Chinese equities caught a bid, with the iShares China Large-Cap ETF rising almost 3% pre-market:

“Beijing and Washington have reached a preliminary agreement to allow American officials to review audit documents of Chinese businesses, according to American officials,” Bloomberg reported early on Friday morning.

SEC Chair Gary Gensler said in a statement: “This agreement marks the first time we have received such detailed and specific commitments from China that they would allow PCAOB inspections and investigations meeting U.S. standards.” It “will be meaningful only if the PCAOB actually can inspect and investigate completely audit firms in China. If it cannot, roughly 200 China-based issuers will face prohibitions on trading of their securities in the U.S. if they continue to use those audit firms.”

The news follows reports on Thursday that the two countries were close to getting a deal done. The agreement was officially announced by the Securities and Exchange Commission and Public Company Accounting Oversight Board on Friday. 

The news was also confirmed by the China Securities Regulatory Commission, who wrote put an official statement on their website Friday morning. 

Tyler Durden
Fri, 08/26/2022 – 12:41

via ZeroHedge News https://ift.tt/gKxPiGX Tyler Durden

The Bear Market Is Over… Or, Is It Just Hibernating?

The Bear Market Is Over… Or, Is It Just Hibernating?

Authored by Lance Roberts via RealInvestmentAdvice.com,

The bear market is over. While that statement fills the mainstream media, it remains a hotly debated question in every media forum. It is an interesting point considering that it was just in June we were answering the question of when will this bear market end?”

“Bear markets are not uncommon and follow preceding bull market excesses. Over the last 120 years, there have been 14-bear markets that averaged roughly a 33% decline from peak to trough.”

It only took a 50% retracement rally from the lows in July to get the bulls declaring the bull market is over. As I discussed in May, such was not surprising, stating that“investor sentiment was so bearish, it’s bullish.”

“As Bob Farrell’s rule number-9 states:

When all the experts and forecasts agree – something else is going to happen.’

As a contrarian investor, excesses get built by everyone being on the same side of the trade. Currently, everyone is so bearish that the reflexive trade will be rapid when the shift in sentiment occurs.

The takeaway from this commentary is not to let media headlines, financial narratives, or concerns over long-term issues like valuations, economics, or geopolitical events impact the decision-making process in your portfolio strategy.

There are plenty of reasons to be very concerned about the market over the next few months. However, markets can often defy logic in the short term despite the apparent weight of evidence to the contrary.

With everyone back in the bullish camp, such would suggest the risk/reward balances have flip-flopped.

But is that case? The short-term technical backdrop does support that view.

Technically Speaking – The Bull Market Is On.

From a technical perspective, a rising bed of evidence supports the “bear market is over” claims. One such bit of evidence comes from Ryan Detrick, CMT, who recently stated:

“Friday triggered a rare, but quite bullish signal. More than 90% of the components in the S&P 500 are now above their 50-day moving average. As you can see, these signals take place in strong uptrends historically.”

However, it is just the number of stocks above the 50-dma but also the market itself technically performing better. As noted above, an important indicator is a 50% decline retracement. When stocks have historically accomplished such a reversal, markets performed better over the next 12 months.

“Since WWII, every time the S&P recovered 50% of the bear market price decline, while the 500 may have re-tested the prior low, it never set a lower low,” Sam Stovall, Chief Investment Strategist at CFRA Research

Such is what happened in mid-August as the market rallied to its 200-dma.

While such a technical measure has a strong track record of suggesting the lows are in, it does NOT mean the market can have a significant pullback.

“Prior 50% retracements in 1974, 2004, and 2009 all saw decent shakeouts shortly after clearing that threshold.” – Jonathan Krinsky, Chief Market Technician at BTIG

However, there are concerns with the rally. As shown in the middle panel, one such worry is the lack of volume. While the market surged higher in August, on balance, volume barely budged. Such suggests that, at least short-term, commitment to rally could be limited. However, with the market well above the 50- and 100-dmas, pullbacks should be contained to the current uptrend.

While the short-term technicals are indeed bullish and argue for further gains over the next 12 months, such does not preclude another “bearish decline” in the markets first.

Bear Market Over? Maybe Not.

My colleague, Doug Kass, recently made an excellent point.

“While I thought that the move lower in the market in June provided a good entry point, based upon our calculus of upside reward vs. downside risk – the speed and magnitude of the strong advance during the month of July surprised me.

Indeed, the swiftness and size of the rise in equities last month have recently driven the markets back to valuation levels that concern me – reducing the general attraction of equities and posing the risk of more negative outcomes for stocks.

I now believe that risk assets are at risk. It should be clear that in observing the unusual market volatility and frenetic weekly/monthly moves that we are not in our father’s market – things have changed as markets have grown increasingly manic.

Indeed, the markets have grown “manic,” swinging wildly from extreme pessimism to optimism in very short time frames. Such is not the basis on which investing activity resides but rather where speculation abounds in its purest form.

Over the next 12 months, the “bear market is over” thesis will depend much on the Federal Reserve, Government policies, and inflation. The recent passage of the “Inflation Reduction Act” will increase taxes on corporations and households. Such will reduce growth and profit margins along with stubbornly high inflation.

Such is an important backdrop. The markets are pricing earnings of roughly $214 per share by the end of 2023, down from $242 in July. However, if the Fed continues its fight against inflation and triggers a recession, earnings could drop to $188/share. At a generous forward multiple of 18x those earnings, you are looking at a fair market calculation of 3400 on the S&P 500 index.

Not surprisingly, as I noted recently, earnings are already declining in anticipation of slower economic growth while stocks have rallied solely on hopes of a “Fed pivot.” Should inflation remain persistent, taxes rise, and the Fed continues to extract monetary accommodation from markets, a further reversion is possible.

Of course, while every market environment is different, one key element that defies the “bull market is over” thesis remains.

Don’t Discount The Fed, Yet

As is always the case, the bearish argument is grounded more in the macroeconomic, monetary, and financial fundamentals. While the bulls are ramping up equity risk in hopes of a “Fed pivot,” there is little indication from the Fed that such is likely anytime soon. In fact, from a historical perspective and even recent comments, the Fed’s focus is singular on bringing inflation down to its 2% target. As noted, even if CPI prints at 0.2% every month, it will take until the end of 2023 for inflation to decline to the Fed’s target.

Furthermore, the Federal Reserve is not keen on running a $9 Trillion balance sheet. The Fed needs a higher Fed Funds rate and reduced balance sheet to engage those policy tools to offset the next recession. Equities are at risk as the Fed’s inflation fight will trigger a recession. We can “review the tape” of the 1970s to see that bear markets and recessions were common when the Fed was hiking rates and combating inflation.

However, when it comes to equity risk, it is corporate earnings that will drive equity prices. As the Fed hikes rates to slow economic activity and potentially cause a recession, such will translate into slower earnings growth and reduced profit margins. Given that valuations are near 30x earnings currently, such suggests that stocks will need to reprice lower. The 6-month annual rate of change of the Leading Economic Index (LEI) supports that thesis, meaning earnings will decline over the next two quarters.

Whether the bull or bear market view wins out will only be found out in time. However, as noted, while the bulls currently control the technical picture, the Fed still has control of the macro environment. While we will continue to trade the markets tactically in the short term, in our view, there is still a risk of a more profound decline unless the Fed changes course in short order.

We will have to wait and see who wins the “bull market is over” debate.

Tyler Durden
Fri, 08/26/2022 – 12:20

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Trump Campaign Refused Ashley Biden Diary, Told Suspects To Give To FBI

Trump Campaign Refused Ashley Biden Diary, Told Suspects To Give To FBI

Donald Trump’s 2020 presidential campaign rejected an offer to buy the diary of President Joe Biden’s daughter, Ashley, and instead urged the would-be sellers to surrender it to the FBI.

As Just the News notes, court filings from the Southern District of New York reveal that Aimee Harris and Robert Kurtlander – who pleaded guilty to stealing the diary (which Ashley Biden left behind at a friend’s house in Delray Beach, FL).

“On or about September 6, 2020, AIMEE HARRIS and ROBERT KURLANDER, the defendants, attended a political fundraiser in Florida meant to benefit the campaign of an individual [Trump] who was running for office against [now-President Joe Biden]. HARRIS and KURLANDER attended the fundraiser with the intent of showing the Victim’s stolen property to a campaign representative of [Trump], hoping that the political campaign would purchase it,” read the filings.

“On or about September 10, 2020, a representative of [Trump’s] political campaign conveyed to AIMEE HARRIS and ROBERT KURLANDER, the defendants, that the campaign was not interested in purchasing the property and advised HARRIS and KURLANDER to provide the items to the Federal Bureau of Investigation (‘FBI’),” the document continues. “KURLANDER texted HARRIS, “[Trump] campaign can’t use it. They want it to go to the FBI. There is NO WAY [Trump] can use this. It has to be done a different way.”

So – more or less the opposite of paying a British spy to fabricate salacious lies and covertly spread them to the FBI and the media.

As we noted on Thursday,

Aimee Harris, 40, and Robert Kurlander, 58, admitted they took part in a conspiracy to transport stolen materials from Florida, where Ashley Biden had been living, to New York, according to the New York Times.

“Harris and Kurlander stole personal property from an immediate family member of a candidate for national political office,” said Damian Williams, the U.S. attorney for the Southern District of New York.

The pair eventually sold the diary to Project Veritas, which declined to publish it (and were still raided by the Biden DOJ). On Oct. 24, 2020, National File published excerpts – and the full diary two days later. While treated as potentially fake at the time, we now know that the contents are legit – including claims that Joe took ‘probably inappropriate’ showers with Ashley, and that she believes she was sexually molested as a child.

Entries in the diary include the author revealing she believes she was sexually molested as a child and shared “probably not appropriate” showers with her father, some that detail the author’s struggle with drug abuse and the author’s crumbling marriage with multiple affairs, along with entries showing the family’s fears of a potential scandal due to her brother’s new home, and those that show a deep resentment for her father due to his money, control, and emotional manipulation. –National File

What are the odds that both Biden kids abandoned evidence that would be highly damaging to their father in the runup to the 2020 election, forcing the intelligence community and the MSM to coordinate massive damage control campaigns?

Tyler Durden
Fri, 08/26/2022 – 12:02

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