Journal of Free Speech Law: “Different Strokes for Different Folks: Academic Freedom, Civility,

Just published as the final article in the “Non-Governmental Restrictions on Free Speech” symposium; here’s the Abstract (the article is here):

Does academic freedom require institutions of higher learning, both public and private, to apply the First Amendment rules applicable to public forums to analogous places on campus, as several prominent commentators contend? On this view, to avoid violating academic freedom, every college and university in the United States must allow highly uncivil speech in these areas, such as “Fuck War!” or “God Hates Fags.”

This Article argues that such an interpretation of the dictates of academic freedom would seriously undermine the diversity of educational experiences available to students, a feature of American higher education long recognized as one of its great strengths. The Article contends that a policy maintaining basic civility norms in campus open spaces, including in free speech areas, doesn’t violate academic freedom if implemented by viewpoint-neutral rules enforced in an educationally-oriented, ideologically evenhanded manner.

The post Journal of Free Speech Law: "Different Strokes for Different Folks: Academic Freedom, Civility, appeared first on Reason.com.

from Latest https://ift.tt/m6aWHG8
via IFTTT

Transforming Stormy Daniels’ Hush Payment Into a Felony Would Reinforce Trump’s ‘Witch Hunt’ Complaint


Donald Trump

It looks like Manhattan District Attorney Alvin Bragg, a Democrat, intends to pursue criminal charges against former President Donald Trump. But the charges he seems to have in mind, based on a 2016 hush payment to porn star Stormy Daniels, are so iffy that they reinforce Trump’s reflexive complaint that he is, as always, the victim of a long-running Democratic “witch hunt.”

Daniels claims she had a sexual affair with Trump in 2006, when he was married to his current wife, former First Lady Melania Trump. Although Trump denies the affair, he arranged a $130,000 payment to Daniels in the fall of 2016 to keep her story out of the press. There is nothing inherently illegal about that payment. But Michael Cohen, the Trump lawyer who paid off Daniels and was reimbursed by Trump, pleaded guilty in 2018 to violating federal law by making an excessive campaign contribution.

The theory underlying that charge was that Cohen “contributed” the hush money at Trump’s behest for the “principal purpose of influencing [the] election,” as opposed to avoiding personal embarrassment for Trump or sparing Melania Trump’s feelings. As former Federal Election Commission Chairman Bradley Smith noted at the time, that interpretation was open to question.

“The best interpretation of the law is that it simply is not a campaign expense to pay blackmail for things that happened years before one’s candidacy—and thus nothing Cohen (or, in this case, Trump, too) did is a campaign finance crime,” Smith wrote in a 2018 Reason essay. “But at a minimum, it is unclear whether paying blackmail to a mistress is ‘for the purpose of influencing an election,’ and so must be paid with campaign funds, or a ‘personal use,’ and so prohibited from being paid with campaign funds.”

That lack of clarity is important in assessing Trump’s criminal liability for soliciting what federal prosecutors (and Cohen) described as an excessive campaign donation. To convict Trump of that offense under federal law, the government would have to prove that he “knowingly and willfully” flouted the rules. The difficulty of making that case helps explain why Trump has not been charged with violating federal law by instructing Cohen to pay Daniels in exchange for her silence.

The state charges that Bragg reportedly is contemplating are based on a New York law that makes it a misdemeanor to falsify business records, which Trump arguably did by identifying Cohen’s reimbursement as payment for legal services. Cohen was paid in installments, sometimes with Trump’s personal checks and sometimes with checks from his revocable trust account. The latter checks were signed by Trump Organization CFO Allen Weisselberg. According to the sentencing memorandum in Cohen’s case, Trump’s company “falsely accounted” for those payments by describing them as “legal expenses” under a nonexistent retainer agreement with Cohen.

Under New York’s law, falsification of business records becomes a Class E felony, punishable by up to four years in prison, when the defendant’s “intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.” But what is the other crime?

Last November, The New York Times reported that prosecutors working for Bragg’s predecessor, Cyrus R. Vance Jr., “concluded that the most promising option for an underlying crime was the federal campaign finance violation to which Mr. Cohen had pleaded guilty.” But “the prosecutors ultimately concluded that approach was too risky—a judge might find that falsifying business records could only be a felony if it aided or concealed a New York state crime, not a federal one.”

While “the prosecutors briefly mulled using a state election law violation,” the Times said, they rejected that idea: “Since the presidential race during which the hush-money payment occurred was a federal election, they concluded it was outside the bounds of state law.” In a story published today, however, the same reporters say the trick to turning a misdemeanor into a felony “could be a violation of New York State election law.” They do not explain how state election law could be construed to cover violations of federal contribution limits.

“Even if Mr. Trump is indicted,” the Times says, “convicting him or sending him to prison will be challenging. For one thing, Mr. Trump’s lawyers are sure to attack Mr. Cohen’s credibility by citing his criminal record. The case against the former president also likely hinges on an untested and therefore risky legal theory involving a complex interplay of laws.”

If anything, that gloss understates the difficulty of trying to treat a bookkeeping offense as a felony. To convict Trump of falsifying business records, prosecutors would have to prove beyond a reasonable doubt that Trump himself misrepresented the payments to Cohen “with intent to defraud” or instructed someone else to do that. But the federal prosecutors who secured Cohen’s conviction said he submitted phony legal invoices “at the instruction of an executive for the Company,” which could give Trump plausible deniability.

By itself, falsifying business records is a Class A misdemeanor, punishable by a maximum fine of $1,000 and/or up to 364 days in jail. Judges can impose probation instead of a jail sentence. To convert that misdemeanor into a felony, prosecutors would have to prove that Trump was trying to conceal evidence of a criminal campaign finance violation. But Trump, who seems confused about what federal election law requires, arguably did not have the requisite intent to commit that crime.

If prosecutors can overcome that challenge, Trump might actually do time, since the minimum sentence for a Class E felony under New York’s sentencing guidelines is one year in prison when the defendant has no prior felony convictions. But that’s a big if.

Another potential problem is the statute of limitations. In New York, misdemeanors have to be prosecuted within two years, and Class E felonies have to be prosecuted within five years. Bragg presumably is relying on the latter limit, because otherwise he would not be able to prosecute Trump for falsifying business records. But if the Trump Organization “falsely accounted for these payments as ‘legal expenses'” sometime in 2017, as Cohen’s sentencing memorandum suggests, that limit has already expired. Prosecutors would have to cite records that were falsified more recently, which maybe they can do, but to what end?

Trump’s supporters would see such a case as a desperate, partisan attempt to punish him for a minor offense by dubiously treating it as a felony. Many Americans who are not particularly fond of Trump would be inclined to agree. Such a precedent would tend to discredit any effort to prosecute him for anything, including more serious charges, such as solicitation of election fraud, that have a stronger basis. That is exactly the sort of ammunition that Trump wants, and Bragg seems keen to provide it.

The post Transforming Stormy Daniels' Hush Payment Into a Felony Would Reinforce Trump's 'Witch Hunt' Complaint appeared first on Reason.com.

from Latest https://ift.tt/THFLfGR
via IFTTT

The Weakening Electric Grid: Less Reliable, More Fragile

The Weakening Electric Grid: Less Reliable, More Fragile

Authored by Milton Exrati via The Epoch Times,

As more and more irritated customers become certain that power shortages and blackouts have become more common, the electric grid’s problems receive more attention. They should. Shortages and blackouts have in fact become much more common than they once were. The electric power grid has become increasingly fragile and considerably less reliable. This is especially troubling because, at the same time, Washington and several states plan to burden it further with electric cars and an increase in the use of electric appliances.

In part, the power problem reflects the increased reliance on inherently intermittent wind and solar sources. But this straightforward fact of life is only part of the story behind the electric grid’s problems. Matters are much more complicated.

Evidence of failure is irrefutable and has sometimes appeared with great drama. A 2021 cold snap in Texas, for example, led to widespread blackouts and the death of 250 people. California has for years regularly imposed rolling brownouts and blackouts on utility customers. Just this past Christmas season, unusually cold weather across the country prompted utilities from Massachusetts and New York across the Midwest and into the south to beg their customers to turn down their thermostats and delay their use of appliances. Millions lost power for days in North Carolina and Tennessee. Downed power lines caused some of the problems, but in many cases electric utilities simply had to cut off power to some in order to a total crash of their systems. The incidence of prolonged blackouts for all reasons has doubled since 2013.

The green lobby, predictably, blames the problem on how climate change has created more severe weather. The fossil fuel industry and its allies in Congress, equally predictably, blame the problem on the unreliability of wind and solar. No doubt there is truth on both sides, though many of these points are debatable. One point, however, is not subject to cavil—that the wind does not always blow, and the sun does not always shine. Even in the face of this reality, these problems would seem to be something engineers could find solutions and investments could implement. But there is a complication, because most of the country uses regional transmission organizations (RTOs) to buy and sell power.

RTOs are a relatively new entrant in American’s electric power equation. Before they were authorized by the Federal Energy Regulatory Commission (FERC) in 1999, huge regional utilities managed the nation’s electric grid. Regulated monopolies owned all the parts of the process—from the generating equipment to the fuels used to power them to the transmission lines and the wires that led into customers’ homes. Regulators controlled pricing to allow these firms enough surplus to maintain and upgrade facilities and return a reasonable profit to their shareholders. RTOs changed things radically.

Now for most of the country these regional bodies buy power from anywhere they can get it at the lowest price they can get. When the wind blows and the sun shines, wind and solar charge the lowest prices, not the least because the federal government and several state governments subsidize their operations. During those times, wind and solar crowd other fuel sources—fossil fuel and nuclear—out of the competition. But when the wind is not so strong and cloud cover obscures the sun’s rays, the RTOs look to other fuels. That sudden rise in demand necessitates a quick scaling up by fossil fuel and nuclear providers. But fossil fuel and nuclear produce best and at the best price when they supply on a steady basis. Scaling up is difficult and cannot always happen as quickly as demands change. What is more, the on-again-off-again nature of demand puts an added strain on generating and transmission infrastructure.

During the last 20-some years in which these arrangements have been in place, a lot of fossil fuel and nuclear has closed, not because of green preferences but because they simply could no longer operate profitably. The electric grid’s infrastructure has deteriorated under the on-again-off-again strains and because providers lack the surplus to upgrade their equipment. At the same time, the reliance of natural gas has grown, because it has become more plentiful and seems able to respond more flexibly to variations in demand than can other fuels. It is hardly surprising, then, that natural gas use has risen in tandem with wind and solar preferences.

The upshot is an increasingly inadequate electric power grid, one that is less flexible, less resilient, and more prone to break downs than it once was. Worse yet, the political class in Washington and the state capital seems to have little interest in the problem even as they make plans to place still more burdens on this weakening grid.

Tyler Durden
Fri, 03/10/2023 – 14:03

via ZeroHedge News https://ift.tt/WUS8Zj3 Tyler Durden

“Expect Mass Layoffs…” – The Real-World Impact Of SVB’s Failure

“Expect Mass Layoffs…” – The Real-World Impact Of SVB’s Failure

For most people in America, the news that a ‘bank in Silicon Valley’ has failed will be forgotten quicker than a story about soaring shoplifting in their local supermarket.

It shouldn’t.

Reality is that the contagion of the shuttering of the 18th largest bank in the US are widespread.

SVB is in fact the second largest (by assets) bank failure in US history after WaMu.

First things first, investors are out a lot…

Whenever a company stumbles, shareholder lawsuits become pretty common. As Bloomberg reports, already this morning, law firms including Faruqi & Faruqi LLP, Schall Law Firm, Pomerantz LLP and Girard Sharp LLP have put out press releases saying they’re looking into SVB and that investors who’ve suffered losses as the bank’s shares slumped can contact the firms’ attorneys.

Brad Hargreaves explains in a brief thread how SVB’s closure & receivership is going to have a massive impact on the tech ecosystem.

SVB was not just a dominant player in tech but were highly integrated in some nontraditional ways.

A few things we’ll see in the coming days / weeks…

One, SVB was incredibly integrated into the lives of many founders. Not just their startup’s bank & lender, but also provided personal mortgages and other financial services. A whole mess for FDIC (or the eventual buyer) to unwind.

Two, any “uninsured” balances at SVB – those above $250K – are in jeopardy. FDIC plans to pay them out “as it sells the assets of SVB”. Lots of startups exclusively banked with SVB as *this was a covenant of their debt*!

CEOs yesterday faced a hard choice: Pull your deposits and go into default on your venture debt or risk losing everything if the bank failed. Many chose to hold tight as SVB’s outright failure seemed outlandish.

Now they may not be able to make payroll next week.

Unpaid wages pierce the corporate veil, so boards are *incredibly* sensitive to employing workers they may not be able to pay.

Expect mass layoffs later today, Monday at latest.

And given the weak fundraising environment, a number of startups have been reliant on venture lenders – e.g., SVB – not aggressively pursuing amortization of debt or triggering default for covenant foot faults (e.g., cash balances). How will the FDIC handle this? Mass defaults?

Having run a startup through the GFC, this is the first thing I’ve seen since that is even vaguely reminiscent of that time. Total clusterfuck.

One more thing: SVB also offered *wealth management services* to many of its founders. So your corporate lender, corporate bank, personal mortgage lender, and family’s wealth manager is… all one bank, which is now in FDIC receivership. Fun.

JPow got his fucking debt crisis alright

Launchpad Capital founder Ryan Gilbert explained the impact of this mainstay of the VC market‘s failure

Garry Tan, the CEO of YCombinator echoes what we said just two days ago, namely that “this is an *extinction level event* for startups and will set startups and innovation back by 10 years or more” and warns that “30% of YC companies exposed through SVB can’t make payroll in the next 30 days.”

The most important thing the FDIC and the US Government can do right now is *make the receivership as short as possible*

There are thousands of US startups that banked at SVB, often as their *sole bank*. $250K per account is not going to last long.

The #1 pressing issue for these startups is *payroll* – you can’t have people work if you can’t pay them.

This means mass furlough.

It might mean thousands of startups die before the FDIC gets through its receivership process and releases the funds.

 From what I hear, there are venture debt options coming from providers like Brex, but we’re going to need *a lot* of options in order to avoid a mass shutdown of all American startups in the next few weeks.
This is an *extinction level event* for startups and will set startups and innovation back by 10 years or more.

BIG TECH will not care about this. They have cash elsewhere.

All little startups, tomorrow’s Google’s and Facebooks, will be extinguished if we don’t find a fix.

30% of YC companies exposed through SVB can’t make payroll in the next 30 days.

If you or your company are affected, I recommend that you reach out to your local congressman to get this on their radar TODAY.

Now.

So bail out Silicon Valley now, or something.

Another example of a firm directly impacted (and its staff and clients), comes from Parker Conrad, CEO of HR/IT/Finance firm Rippling, facing payrolls problems:

We (Rippling) discovered yesterday that Silicon Valley Bank had unexpected solvency challenges. Just now, we learned that the FDIC had stepped in and effectively shut down SVB.

Rippling has historically relied on SVB for payments rails for our payroll and other products. In light of yesterday’s news, we immediately accelerated a planned switch to JPMorgan Chase.

Effective immediately & going forward, Rippling payroll runs will process through JPMC. However, pay runs in flight for today out of SVB have not been paid. The latest we heard from SVB this morning was that this was an operational delay and funds will be released.

However, FDIC involvement makes us skeptical of the assurances we are getting from SVB.

Our top priority is to get our customers’ employees paid as soon as we possibly can, and we’re working diligently toward that on all available channels, and trying to learn what the FDIC takeover means for today’s payments.

We have contacted customers with a configuration change they need to make for us to successfully process their payroll, going forward, via JPMorgan Chase & Co.

Going forward, payroll runs through Rippling will have no exposure to SVB. But today’s payment delay is a result of pay runs initiated early this week, with funds in-flight through SVB. Our full focus is on getting these employees paid as quickly as possible.

So, it’s not just ‘rich’ venture capitalist ‘folks’ who could be suffering.

It’s real world businesses and their clients and employees who are feeling the direct pinch of SVB’s failure today.

Additionally, as @WallStCynic notes, public companies with uninsured deposits at SVB will have to start making some very uncomfortable disclosures soon.

Finally, we note that the well known problem with bank failure is that they are always non-linear… and we are far from seeing the final fallout from this one.

Furthermore, the shift in what flows they have available to JPMorgan is noteworthy since the hope, once again, becomes, that these mega banks are ‘too big to fail’.

Tyler Durden
Fri, 03/10/2023 – 13:41

via ZeroHedge News https://ift.tt/7YnO6Fh Tyler Durden

Lawsuit: Prosecutors Filed Bogus Charges Against Detroit Man in Retaliation for Challenging Seizure of Car


Robert Reeves

A Detroit man has filed a federal civil rights lawsuit alleging county prosecutors illegally retaliated against him after he challenged the seizure of his car under asset forfeiture laws.

The lawsuit, filed Thursday on behalf of Robert Reeves by the Institute for Justice, a libertarian-leaning public interest law firm, claims that Wayne County prosecutors twice filed baseless criminal charges against him after he joined a class-action lawsuit in an attempt to get his seized car back, violating his First and 14th Amendment rights.

“Wayne County’s meritless criminal prosecutions against Robert were an unconstitutional effort to punish him for challenging the government in court, and a desperate attempt to defend the county’s rapacious vehicle forfeiture scheme by any means necessary,” the lawsuit says.

In July of 2019, police seized Reeves’ 1991 Chevrolet Camaro, along with more than $2,000 in cash, after stopping him on suspicion of stealing a skid steer from Home Depot. For more than six months, Reeves was not arrested or charged with a crime, and the Wayne County Prosecutor’s Office (WCPO) didn’t file a notice of intent to forfeit his car, meaning he wasn’t able to officially challenge the seizure.

Reeves then joined a class-action lawsuit filed by the Institute for Justice in 2020 challenging Wayne County’s aggressive asset forfeiture program. He was one of three named plaintiffs who claimed the county forces owners through a monthslong, onerous process to challenge a seizure, violating their Fourth, Eighth, and 14th Amendment rights.

The day after the class-action suit was announced, the WCPO instructed a state police task force to release Reeves’ car and return his cash, according to Thursday’s lawsuit.

But two weeks later, the WCPO filed felony charges against Reeves for receiving and concealing stolen property, then asked the judge overseeing the class-action lawsuit to suspend his suit while the criminal case against him proceeded. In February of 2021, after more than a year of delays because of the COVID-19 pandemic, the judge in the criminal case against Reeves dismissed the charges for lack of evidence. Less than a month later, the WCPO refiled the charges against Reeves. In January of last year, that case ended with an identical result.

The Institute for Justice argues the felony charges were clear retaliatory actions intended to sandbag Reeves’ civil suit against the county.

“The government cannot use bogus criminal charges to attempt to silence its critics,” Institute for Justice Attorney Kirby Thomas West said in a press release. “At the core of the First Amendment is the idea that Americans are free to criticize their government without fear of intimidation or retaliation. And yet, that’s precisely what Wayne County prosecutors have done in their no-holds-barred attempt to derail Robert’s lawsuit. In more than thirty years of work, the Institute for Justice has not seen such a brazenly unconstitutional litigation tactic. We’re confident that with this second lawsuit, the courts will not only end the retaliation, but also hold those responsible to account.”

Under civil asset forfeiture laws, police can seize property suspected of being connected to criminal activity, even if the owner hasn’t been charged or convicted of a crime. Law enforcement groups say asset forfeiture allows police to disrupt organized crime like drug trafficking by targeting its illicit proceeds.

However, civil liberties groups across the political spectrum contend that the practice lacks due process for owners and flips the presumption of innocence on its head. Owners bear the cost of going to court and the burden of proof to show that they were not involved in a crime.

The Institute for Justice is not the first to allege that Wayne County prosecutors and police abuse civil forfeiture and make it nearly impossible for owners to get their cars back. In 2018, Stephen Nichols filed a class-action lawsuit after waiting more than three years for a court hearing to challenge the seizure of his car. 

That same year, Crystal Sisson filed a civil rights lawsuit after Wayne County Sheriff’s deputies seized her 2015 Kia Soul because she allegedly possessed $10 worth of marijuana.

Wayne County seized more than 2,600 vehicles between 2017 and 2019 and raked in more than $1.2 million in asset forfeiture revenues, according to public records obtained by the Mackinac Center for Public Policy, a free market Michigan think tank.

Of those seizures, 473 were not accompanied by a criminal conviction, and in 438 of those cases, no one was even charged with a crime. In 10 cases, the cars were seized under suspicion of a drug violation, even though the records say police didn’t find any drugs.

Reeves’ suit seeks $1 in damages.

“They’ve taken my car and tried to throw me in jail, but I’m still standing,” Reeves said in the Institute for Justice press release. “I’m not going to take the county’s threats sitting down. This isn’t about money or payback. This is about making sure the county can’t do this to anyone else.”

The Institute for Justice’s class-action lawsuit challenging Wayne County’s asset forfeiture program is currently on appeal at the U.S. Court of Appeals for the 6th Circuit.

The Wayne County Prosecutor’s Office declined to comment, citing the pending litigation.

The post Lawsuit: Prosecutors Filed Bogus Charges Against Detroit Man in Retaliation for Challenging Seizure of Car appeared first on Reason.com.

from Latest https://ift.tt/ICPUTan
via IFTTT

If You Get an STD from Sex in Your Lover’s Car, Is That Covered by the Auto Insurance Policy?

No, says Judge Fernando Gaitan’s opinion today in Geico Gen. Ins. Co. v. Brauner (W.D. Mo.). The policy covered “bodily injury” “arising out of the ownership, maintenance or use” of an automobile, but the court held that this language didn’t cover such a situation:

Kansas courts have held that “For an automobile insurer to be liable for an automobile accident, unless the express language of an insurance policy provides otherwise, the automobile must, in some manner, be involved in the accident, and the mere fact that an accident takes place in or near the automobile does not impose responsibility upon the insurer.” Here, GEICO argues that the auto at issue in this case was not being used as a vehicle when the transmission of HPV occurred; instead, it was the mere situs of the alleged negligence, or at best was being used as a shelter (which is also an insufficient use under Kansas law to trigger coverage under Kansas auto policies).

Brauner [the insured] … argues that the HPV was contracted [by his sexual partner] as a result of a common, foreseeable, automobile use—sexual relations in a car. Defendant Brauner argues that the injury here is a result of a natural and reasonable incident or consequence of the use of the involved vehicle, and Kansas law requires no more than a minimal causal connection between the use of the vehicle and the injury. See Garrison v. State Farm Mutual Auto Ins. Co. (Kan. 1995) (finding a sufficient causal connection where the vehicle had been used to transport hunters and a gun discharged injuring a party). Brauner argues that “people have been generally known to have used vehicles as a venue for sexual relations dating back to the invention of the automobile and if GEICO wanted to exclude coverage for sex in a car, it could have done so.”

Upon review of the parties’ arguments, the Court finds that consensual sexual relations inside a car do not constitute a “use” of the automobile within the meaning of the subject policy. If the Court applied a mere “foreseeability” concept such as what Brauner advocates for in his reply suggestions to his summary judgment motion, all manner of injuries would become covered injuries despite having no real relationship between the use of an auto as an auto. Here, there is no real causal connection between the transmission of HPV and Brauner’s vehicle; instead, the vehicle is the mere situs of the transmission of venereal disease. Accordingly, the Court finds that summary judgment must be granted in GEICO’s favor.

The court also noted,

Defendant Brauner also argues that the use of a car for consensual sex is an activity that 50% or more American adults have engaged in … citing Cindy Struckman-Johnson, Kayla Nalan-Sheffield, & Samuel Gaster, Sexual Behavior in Parked Cars Reported by Midwestern College Men and Women, The Journal of Sex Research (2017). After reviewing that article, which provides the results of an anonymous survey of a mere 195 men and 511 women at a small midwestern university, the Court is dubious that such study stands for the broad proposition asserted by Defendant Brauner that 50% or more of all American adults have engaged in such behavior.

I’m not dubious at all about that.

For an earlier phase of the case, involving the defendant’s attempt to litigate pseudonymously, see this post.

The post If You Get an STD from Sex in Your Lover's Car, Is That Covered by the Auto Insurance Policy? appeared first on Reason.com.

from Latest https://ift.tt/zDlLarY
via IFTTT

Watch: Kamala Harris Worries About “limate Mental Health

Watch: Kamala Harris Worries About “limate Mental Health

Authored by Steve Watson via Summit News,

During a climate change event in Florida Kamala Harris explained how she is worried about young Americans suffering “climate mental health” problems, specifically that they have to get jobs when they should be spending their time being climate change activists.

“One of the young leaders was talking to me about climate mental health,” Harris stated while speaking at the “Aspen Ideas: Climate Conference” in Miami Beach, adding “I said ‘Tell me what’s going on with your peers.’”

She continued, “I said ‘I think I understand that, but unpack it for me. She talked about how her peers are thinking about it, and one example is whether when they’re ready, could they start a family. Worried about what that would mean. And the stress of it.”

Harris added “They were talking about it in terms of their peers trying to figure out if they’re gonna have to get a job and whether they’re gonna have to make a living, but what can they do and how can they adapt their education that they’re having now to their activism?”

Watch:

However will they cope with having to do an actual job rather than throwing soup on paintings or glueing themselves to the road?

In a sense, Harris is correct. There definitely is a mental health problem surrounding climate change. A constant barrage of doom and fanaticism propelled by governments and amplified by the corporate media and throughout culture has created a new generation of pathological, privileged narcissists.

*  *  *

Brand new merch now available! Get it at https://www.pjwshop.com/

In the age of mass Silicon Valley censorship It is crucial that we stay in touch. We need you to sign up for our free newsletter here.  Support our sponsor – Turbo Force – a supercharged boost of clean energy without the comedown. Also, we urgently need your financial support here.

Tyler Durden
Fri, 03/10/2023 – 13:25

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

Six Hypersonic Missiles Were Used In Latest Russian Attack, Ukraine Confirms

Six Hypersonic Missiles Were Used In Latest Russian Attack, Ukraine Confirms

Ukraine’s military has confirmed that during Thursday morning’s large missile barrage on various cities and energy infrastructure sites across the country, which has now been tallied at 95 projectiles total, up to six hypersonic missiles were fired – which are basically impossible to defend against.

A Ukrainian armed forces spokesman said in a statement, “The attack is really large-scale and for the first time using such different types of missiles. We see that this time as many as six Kinzhal were used. This is an attack like I don’t remember seeing before.”

Via AP: In this 2018 stillframe from Russian Defense Ministry footage, a Russian Kinzhal hypersonic missile flies during a test in southern Russia.

Spokesperson for the Air Force Command of Ukraine, Yurii Ihnat, continued in televised words: “So far, we have no capabilities to counter these weapons,” in reference to the Kinzhals. It was additionally revealed that six X-22 air-launched cruise missiles were fired. Importantly, the Kremlin itself admitted to deploying hypersonics on Thursday but didn’t say how many were used.

While there’s been a handful of occasions over the past year of war that hypersonic missiles have been fired, which have come few and far between, this is the first known time this many were deployed in a single day. This is true of any modern war, given Ukraine marks the first conflict in which the cutting-edge weapons have been actively deployed against real targets.

Hypersonic speed is generally defined as a projectile that can reach Mach 5 or greater. The Kinzhal is purported to travel at Mach 10 speeds (or about 7,672 mph) in an unpredictable flight path, making it nearly impossible for even the most advanced missile defense shields to shoot down. The advanced weaponry was first unveiled by Russian President Vladimir Putin in 2018 and is air-launched from Tu-22M3 bombers or MiG-31K interceptors.

Thursday’s large-scale usage of hypersonics is likely also a signal to Washington and NATO warning that it must stay out of the conflict, at a moment of deepening involvement due to shipping heavy weaponry like battle tanks.

Here’s unconfirmed footage of what could be the Kinzhal, from earlier in the war:

The Kremlin had called Thursday’s missile operation “retaliation” for the March 2nd cross-border terror attack incident on Russian soil near Ukraine. This involved alleged groups of well-armed Ukrainian nationalists crossing into Russia’s southern Bryansk region and opening fire on villages, which killed two civilians, and reportedly injured a 10-year old boy. President Putin had previously described of the infiltrators, “They opened fire on civilians,… they saw that there were children in the car.”

Tyler Durden
Fri, 03/10/2023 – 13:05

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

Buffett, Buybacks, & Who Really Benefits

Buffett, Buybacks, & Who Really Benefits

Authored by Lance Roberts via RealInvestmentAdvice.com,

Warren Buffett defended stock buybacks in Berkshire Hathaway’s annual letter, pushing back on those railing against the practice he believes benefits all shareholders.

“When you are told that all repurchases are harmful to shareholders or to the country, or particularly beneficial to CEOs, you are listening to either an economic illiterate or a silver-tongued demagogue (characters that are not mutually exclusive).”

The media latched on to this quote with both hands, apparently not taking the time to read what Warren Buffett actually wrote in his annual letter. (Emphasis mine.)

“The math isn’t complicated: When the share count goes down, your interest in our many businesses goes up. Every small bit helps if repurchases are made at value-accretive prices.

Just as surely, when a company overpays for repurchases, the continuing shareholders lose. At such times, gains flow only to the selling shareholders and to the friendly, but expensive, investment banker who recommended the foolish purchases.

Gains from value-accretive repurchases, it should be emphasized, benefit all owners – in every respect.”

Mr. Buffett is correct that if repurchases are done at a “value-accretive” price, they can benefit all shareholders by increasing the size of their ownership in the company. Unlike the mainstream narrative, this is NOT a “return of capital to shareholders,” but just the opposite of a shareholder dilution.

Unfortunately, while the mainstream media quickly jumped on those opposed to share repurchases, their lack of reading what Mr. Buffett stated is critically important to what is happening in the financial markets today.

A Basic Example

I have discussed the problems with stock buybacks previously. But let’s start with a simple example of what happens with stock buybacks.

“Share repurchases in and of themselves are not necessarily a bad thing, it is just the least best use of cash. Instead of using cash to expand production, increase sales, acquire competitors, or buy into new products or services, the cash is used to reduce the outstanding share count and artificially inflate earnings per share. Here is a simple example:”

  • Company A earns $1 / share, with 10 / shares outstanding. 

  • Earnings Per Share (EPS) = $0.10/share.

  • Company A uses all of its cash to buy back 5 shares.

  • Next year, Company A earns $0.20/share ($1 / 5 shares)

  • Stock price rises because EPS jumped by 100%.

  • However, since the company used all of its cash to buy back the shares, it had nothing left to grow its business.

  • The following year Company A still earns $1/share, and EPS remains at $0.20/share.

  • Stock price falls because of 0% growth over the year. 

“This is a bit of an extreme example but shows the point that share repurchases have a limited, one-time effect, on the company. This is why once a company engages in share repurchases they are inevitably trapped into continuing to repurchase shares to keep asset prices elevated. This diverts ever-increasing amounts of cash from productive investments and takes away from longer term profit and growth.”

As shown in the chart below, the share count of public corporations has dropped sharply over the last decade as companies rush to shore up bottom-line earnings to beat Wall Street estimates against a backdrop of a slowly growing economy and sales.

(The chart below shows the differential added per share via stock backs. It also shows the cumulative growth in EPS and Revenue/Share since 2011) You will notice that while operating earnings per share have surged, actual sales remains very weak.

As Mr. Buffett states, buybacks done on a value-accretive basis benefit shareholders. However, that has not happened since the turn of the century.

Mostly Not Value-Accretive

“Over the past five years, according to S&P Dow Jones Indices, big U.S. companies have spent $3.9 trillion repurchasing their own stock.

Buybacks are neither bad nor good. They are simply a tool. Just as you can use a hammer either to build a house or knock one down, buybacks are useful in the right corporate hands and dangerous in the wrong ones. – Jason Zweig, WSJ

Jason is correct. Notably, the media overlooked another aspect of Buffett’s comment on share buybacks in their rush to support them. While Mr. Buffett was speaking about his repurchases of Berkshire Hathaway stock, he also noted that many managers do not report earnings properly.

“Finally, an important warning: Even the operating earnings figure we favor can easily be manipulated by managers who wish to do so. Such tampering is often considered sophisticated by CEOs, directors and their advisors.

Reporters and analysts embrace its existence as well. Beating ‘expectations’ is heralded as a managerial triumph. That activity is disgusting. It requires no talent to manipulate numbers: Only a deep desire to deceive is required. ‘Bold, imaginative accounting,’ as a CEO once described his deception to me, has become one of the shames of capitalism.

This manipulation of earnings through accounting gimmicks and buybacks is a topic I discussed previously on how companies stretch to “beat estimates.”

“The tricks are well-known: A difficult quarter can be made easier by releasing reserves set aside for a rainy day or recognizing revenues before sales are made, while a good quarter is often the time to hide a big ‘restructuring charge’ that would otherwise stand out like a sore thumb.

What is more surprising though is CFOs’ belief that these practices leave a significant mark on companies’ reported profits and losses. When asked about the magnitude of the earnings misrepresentation, the study’s respondents said it was around 10% of earnings per share. – WSJ

Unsurprisingly, 93% of those surveyed pointed to “influence on stock price” and “outside pressure” as the reason for manipulating earnings figures.

However, the question is whether these buybacks were value-accretive to shareholders.

A new study, “Share Repurchases on Trial,” by accounting and finance professors Nicholas Guest of Cornell University, S.P. Kothari of the Massachusetts Institute of Technology and Parth Venkat of the University of Alabama, analyzes the stock returns of thousands of companies from 1988-2020, comparing those that repurchased shares against firms that didn’t, adjusting for their size and other factors. In the year of a repurchase, companies that did large or frequent buybacks had slightly lower—not higher—returns. Over longer periods, their returns were indistinguishable.” – Jason Zweig

Clearly, if there is no real benefit to higher returns, then the buybacks were not value-accretive to shareholders. Which then fosters the question, why do they continue to do it?

Who Really Benefits

Share buybacks only return money to those individuals who sell their stock. This is an open market transaction, so if Apple (AAPL) buys back some of its outstanding stock, the only people who receive any capital are those who sold their shares.

So, who are the ones mostly selling their shares?

It’s the insiders, of course, as changes in wage structures since the turn of the century became heavily dependent on stock-based compensation. Insiders often sell shares “given” to them as part of their overall compensation structure to convert them into actual wealth. As the Financial Times previously penned:

“Corporate executives give several reasons for stock buybacks but none of them has close to the explanatory power of this simple truth: Stock-based instruments make up the majority of their pay and in the short-term buybacks drive up stock prices.

A report on a study by the Securities & Exchange Commission found the same:

  • SEC research found that many corporate executives sell significant amounts of their own shares after their companies announce stock buybacks, Yahoo Finance reports.

What is clear is that the misuse and abuse of share buybacks to manipulate earnings and reward insiders has become problematic.

Stock Buybacks Do Help Keep The Market Afloat

As John Authers pointed out:

“For much of the last decade, companies buying their own shares have accounted for all net purchases. The total amount of stock bought back by companies since the 2008 crisis even exceeds the Federal Reserve’s spending on buying bonds over the same period as part of quantitative easing. Both pushed up asset prices.”

In other words, between the Federal Reserve injecting massive liquidity into the financial markets and corporations buying back their shares, there have been no other real buyers in the market. 

U.S. stocks have received support from a key source during 2023’s shaky market environment: companies repurchasing their own shares.

Stock buybacks by companies in the S&P 500 are projected to top $1 trillion in 2023 for the first time in a calendar year, according to S&P Dow Jones Indices. Authorizations for repurchases are picking up pace: As of Feb. 17, they totaled more than $220 billion, a record for that point in the year, according to a Goldman Sachs analysis of S&P 500 and Russell 3000 companies.” – Jannah Miao, WSJ

The chart below via Pavilion Global Markets shows the impact stock buybacks have had on the market over the last decade. The returns for the S&P 500 breaks down as follows:

  • 6.1% from multiple expansions (21% at Peak),

  • 57.3% from earnings (31.4% at Peak),

  • 9.1% from dividends (7.1% at Peak), and

  • 27% from share buybacks (40.5% at Peak)

While Mr. Buffett is correct that share buybacks benefit shareholders at value-accretive prices, that has not been the case for most corporate actions.

Instead, money that could have been spent for future growth was wasted only benefiting senior executives paid based on fallacious earnings-per-share.

While Mr. Buffett supports the practice of share buybacks, there is a significant difference between what he is doing for Berkshire’s stakeholders and what is happening in the rest of the market.

Of course, that is probably why the SEC had banned stock buybacks until 1990, as they were a form of stock market manipulation.

Tyler Durden
Fri, 03/10/2023 – 12:49

via ZeroHedge News https://ift.tt/wQi8nAj Tyler Durden

Two Former Merrill Traders Sentenced To One Year In Prison For Precious Metal Manipulation

Two Former Merrill Traders Sentenced To One Year In Prison For Precious Metal Manipulation

Two former Merrill Lynch traders were each sentenced to a year and a day in prison Thursday for manipulating the precious-metals markets, the US Department of Justice said Thursday.

Edward Bases, 61, and John Pacilio, 59, used large “spoof” orders to push precious metal prices up and down for their own gain, the Justice Department said in a statement.

They were convicted in Chicago in 2021 for fraudulently pushing market prices up or down by placing large “spoof” orders in the precious metals futures markets that they did not intend to fill. As a result they manipulated the price of gold, silver and platinum prices in the direction they wanted from 2008 to 2014.

Edward Bases

The government has been targeting alleged market manipulation since the 2008 financial crisis, leading to convictions of traders and settlements with big banks. JPMorgan Chase & Co., the largest US bank, agreed to pay $920 million in 2020 to settle Justice Department spoofing allegations, by far the biggest fine for any financial institution.

In August, the head of the JPMorgan’s precious-metals business and his top gold trader were convicted of fraud and market manipulation. Another trader was convicted in December. A trial in 2020 led to convictions of two former Deutsche Bank AG traders, who also got a year in prison.

Tyler Durden
Fri, 03/10/2023 – 12:25

via ZeroHedge News https://ift.tt/pGRNE5P Tyler Durden