The Place Where Property Law Happens in New York City

Last month, the New York Times reported on a pitched adverse possession battle between two residential buildings on the Upper East Side of Manhattan.

On a coveted stretch of Fifth Avenue, steps away from Central Park, the shareholders of an Upper East Side cooperative are fighting for an unusual prize: the ownership of a grimy concrete ditch behind their luxury apartment building.

The roughly 350-square-foot plot is at the center of a lawsuit filed on Friday in New York State Supreme Court that pits the millionaire residents of 980 Fifth Avenue against the real estate mogul and former governor of New York, Eliot Spitzer, who owns an adjacent rental tower. . . .

In its lawsuit, the co-op board is arguing that it should be the rightful owner of the pit through a doctrine called adverse possession, in which a party can make a legal claim to a property after 10 continuous years of undisputed use. While the property is legally owned by Mr. Spitzer’s neighboring rental building, 985 Fifth Avenue, the co-op claims that it has routinely and openly used the roughly six-foot-deep niche to store construction supplies and has never been asked to stop.

For those of us teaching Property to 1Ls, the timing of the story could not have been better, as adverse possession often makes an early appearance in the course. It also served as fresh evidence of how musty old legal doctrines can be quite relevant in contemporary property disputes (especially where, as here, the parties appear to be motivated by more than just property.

I did not notice it at the time, but the location of the dispute—79th and Fifth Avenue along Central Park—was also the location of a famous property case that is a staple of the 1L survey course: Brokaw v. Fairchild.

Before this corner was occupied by residential towers, it was the site of the Brokaw mansion. This mansion, built in the late 19th century, was bequeathed to George Brokaw in life estate. George did not want to live there, however, and had a hard time finding someone willing to pay what he thought was a reasonable rent, so he wanted to tear down the mansion and build an apartment building. The only problem is that those who held future interests in the property (the “remaindermen,” i.e. those who held contingent remainders) objected to these plans, leading to a lawsuit.

In the end, the courts rejected George’s plans, holding that it would constitute “waste” for him to fundamentally change the nature of the property by tearing down the mansion and constructing an apartment building.  Wrote the court, “such demolition would result in such an injury to the inheritance as under the authorities would constitute waste,” even if (as George claimed) it would increase the value of the property.

The Brokaw mansion survived, and George lived there until his death in 1935. The mansion was eventually owned by Time magazine publisher Henry Luce, who was married to Clare Booth Luce (who had previously been married to George). Eventually, in 1964, the mansion was torn down and replaced with a residential tower—a residential tower that, as luck would have it, is now at the center of the aforementioned adverse possession fight, presenting yet another opportunity for the corner of 79th and Fifth to find a place in Property Law casebooks.

The post The Place Where Property Law Happens in New York City appeared first on Reason.com.

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Do Young Conservatives Still Care About the Free Market?


Dollar bill on a red background

In recent years, the Republican Party has taken an undeniable turn away from its commitment to small government and free market economics. While the left and right are growing ever further apart on social issues, the two sides have inched closer on economics, with both parties supporting increased government spending and protectionist policies.

But what about young conservative voters? Do they share the same suspicion of the free, unencumbered markets?

Of the dozen young conservative voters Reason interviewed at the Conservative Political Action Conference (CPAC), a significant majority voiced waning support for free market values, instead favoring regulation, protectionism, and cultural war zeal to battle abortion, “wokeness” in schools, “cancel culture,” and globalism. 

“There has been a rethinking throughout the movement of the laissez faire–style economics. And that rethinking is to use more regulation toward things that Republicans feel are targeting them,” said Zachary Wanuga, a senior at Salisbury University. “So, for instance, Republicans are for free markets, they’re against breaking up businesses and regulating them. However, they’re taking a different approach now to the issue of Big Tech censorship, and they would like to see more censorship, they would like to see regulation.”

Jacob Ashley, a 19-year-old student at Ohio Northern University, repeated the sentiment. “I tend more nationalistic and ‘America First’ than opening up the free market completely,” said Ashley. “Globalization has done some damage, particularly to our culture and national identity.”

Support for protectionist policies often collided with a broader alignment with conservative cultural values. “Having policies that are going to limit [artificial intelligence] taking over blue-collar jobs I think is important. And ideally returning to a place where we can have families be supported on one income,” said Conor Coutts, a 26-year-old communications manager at The College Fix, a conservative student publication. “I’m certainly a capitalist, but I think some reasonable reform and restrictions are needed.”

For most of the young CPAC attendees interviewed by Reason, economics takes a backseat to social issues. Not only did they consistently cite social issues like abortion and “cancel culture” as the issues they cared about most, but some even voiced a complete disinterest in economic policy.

One community college student told Reason, “It’s not about money or jobs or fiscal conservatism” but instead about “upholding normal values, Christian values.”

“Even compared to my generation, [Gen Z is], in my experience, more traditionally value-oriented, more traditionally conservative than even many conservatives or right-wing libertarians in my generation” Aaron Miller, the 33-year-old county commissioner for Maury County, Texas, told Reason. Miller works with Run Gen Z, a group that mentors young conservative candidates for political office. “Whereas free market policy has generally been at the forefront of the conservative movement, it’s taken more of a backseat among Gen Z,” Miller added.

For young conservatives who lean libertarian, this dynamic can often be frustrating.

“I think we really need to turn back toward lassiez faire and free market economics,” said Jacob Tourville, the director of campus at Young Americans for Liberty. “I think the rise in Trumpism is a major contributor to that.”

Most Republicans “only expand the size of government, they never reduce it,” Sammi Neves, a 22-year-old at Emerson College who identified his politics as “in the middle” of conservative and libertarian.

Shunning the free market in favor of protectionist policies and government regulation is increasingly popular on the left and the right. “At a time of polarization, you might expect the right to react by doubling down on support for free markets and private property,” wrote Stephanie Slade in Reason‘s October 2022 issue. “Instead, concurrent with democratic socialism’s ascendance, many prominent conservatives have taken a leftward turn of their own.”

With the current culture war continuing to heat up, a commitment to free market economic policy seems to be losing its allure for many young conservatives. When protectionism can be levied to achieve culture war ends, it seems all the more attractive.

As Noah Kitzman—a 23-year-old from Kalamazoo, Michigan—told Reason, “Capitalism with morality is desperately needed.”

The post Do Young Conservatives Still Care About the Free Market? appeared first on Reason.com.

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Conservatives at CPAC Criticize—and Misunderstand—Section 230


Former Rep. Devin Nunes on stage at the 2022 Conservative Political Action Conference.

Florida Gov. Ron DeSantis skipped this year’s Conservative Political Action Conference (CPAC), but his ideas were still on display.

Conservatives and Republican officeholders gathered in the Washington, D.C., area for the first time since the onset of the COVID-19 pandemic. Featured among the schedule of events and appearances was one talk titled “Big Tech– Break ’em Up, Bust ’em Up, Put ’em in Jail.” Panelists included Sen. Mike Braun (R–Ind.), Florida attorney general Ashley Moody, and former Rep. Devin Nunes (R–Calif.), who served nearly two decades in the U.S. House before resigning in order to serve as CEO of Truth Social, former President Donald Trump’s social media service.

While nominally about Big Tech companies and their role in everyday Americans’ lives, the discussion touched on Section 230, the 1996 law that protects online platforms from legal liability for most content their users post. It allowed the internet to grow from nascency to ubiquity, but politicians on both the right and the left think it should be reformed or simply repealed.

Each panelist has an unimpressive pedigree on free speech and internet freedom. Braun cosponsored the 21st Century FREE Speech Act, which would have replaced Section 230 with “more limited protections.” While in Congress, Nunes filed numerous lawsuits alleging hundreds of millions of dollars in defamation claims against people and personalities who said mean things about him on Twitter. And Moody, as Florida’s top law enforcement official, is defending the state’s blatantly unconstitutional social media law which DeSantis championed as “guarantee[ing] protection against the Silicon Valley elites.”

On stage, the panelists complained about Section 230 and its effect on the internet. Braun complained that “Most of us do not get the benefit of having laws put in your favor—everybody else can get sued for whatever they do wrong,” implying that tech companies cannot.

When asked to explain Section 230, Moody mischaracterized the law, saying it allows platforms to “publish information and not be held liable.” The law does protect platforms from liability for what users post: If you publish information to a website, then you can be held liable for the content. The entire purpose of Section 230 is to place the liability on whoever created that content. If somebody posts something defamatory on Facebook or Twitter, then Facebook or Twitter cannot be held liable because they were not responsible for crafting the message.

The panel’s moderator, Dan Schneider of the Media Research Center, lauded that all three panelists were “fighting…the good fight.” Unfortunately, all of the panelists misunderstood what Section 230 does and what it’s good for.

The post Conservatives at CPAC Criticize—and Misunderstand—Section 230 appeared first on Reason.com.

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Rep. Comer Says He’s Delaying Hunter Biden Subpoena To Ensure Win If It Goes To Court

Rep. Comer Says He’s Delaying Hunter Biden Subpoena To Ensure Win If It Goes To Court

Authored by Ryan Morgan via The Epoch Times (emphasis ours),

President Joe Biden’s son, Hunter Biden, has ignored a House Oversight Committee request for records of his business activities and potential access to classified information, but Oversight Committee Chairman James Comer (R-Ky.) is holding off on a subpoena for now.

With a poster of a New York Post front page story about Hunter Biden’s emails on display, Committee Chairman Rep. James Comer (R-Ky.) announces a recess because of a power outage during a hearing before the House Oversight and Accountability Committee at Rayburn House Office Building on Capitol Hill in Washington on Feb. 8, 2023. (Alex Wong/Getty Images)

On Feb. 8, Comer sent Hunter Biden a letter (pdf) requesting that he turn over a variety of records, including any communications with his father about his various foreign business activities and associates and any classified documents he may possess. Comer gave Hunter Biden a Feb. 22 deadline to respond to the information request.

Hunter Biden’s lawyer, Abbe Lowell, outright rejected the information request in a Feb. 9 response letter shared with the Washington Post.

Despite Lowell’s rejection letter and the missed deadline, Comer has yet to follow up his information request with a more forceful request through a legal subpoena. In comments with Punchbowl News, which were published on Wednesday, Comer said he is holding back on a subpoena for now, in order to ensure better odds that the subpoena will succeed if Hunter Biden’s legal team challenges the legal demand in court.

It’s not just issuing a subpoena, it’s about winning,” Comer said.

“We give people plenty of time. When you do subpoenas, if you want to win in court, you have to show good faith effort that you tried to get the information. So we’re checking some boxes,” Comer continued.

“When we do subpoena, if we have to, then we’re going to win the subpoenas in court,” Comer added.

Biden’s Lawyer Says Records Request Not Legitimate

In his letter rebuffing Comer’s initial effort to recover Hunter Biden’s records, Lowell said the Oversight Committee lacked a legitimate reason for seeking the records.

“As your Letter is a sweeping attempt to collect an expansive array of documents and communications from President Biden and his family, I write to explain that the Committee on Oversight and Accountability lacks a legitimate legislative purpose and oversight basis for requesting such records from Mr. Biden, who is a private citizen,” Lowell wrote.

Case law states that a House committee must have a specific legislative purpose to pursue records and it cannot simply be an excuse to launch an investigation.

In his Feb. 8 letter, Comer said the activities of Hunter Biden and his business associates “raise significant ethics and national security concerns” and the Oversight Committee “will examine drafting legislation to strengthen federal ethics laws regarding public officials and their families.”

“We will also analyze and make recommendations regarding federal laws and regulations to ensure that financial institutions have the proper internal controls and compliance programs to alert federal agencies of potential money laundering activity,” he wrote. “The Oversight Committee is committed to exposing the waste, fraud, and abuse that has taken place at the highest levels of our government, and your documents are critical to our investigation.”

Read more here…

Tyler Durden
Thu, 03/02/2023 – 17:40

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Major Winter Storm To Spread Snow From Midwest To Northeast

Major Winter Storm To Spread Snow From Midwest To Northeast

A major winter storm is expected to dump snow and ice from the Midwest to the Northeast on Friday and Saturday. 

The storm bought blizzard conditions across California’s Sierra Nevada earlier this week. Heavy snow has also impacted highway travel in Arizona. At least 20 inches of snow has fallen in parts of the Flagstaff area. Snow is still falling in the Desert Southwest and southern Rockies. 

Snow, rain, and strong winds will affect much of the Southwest through Thursday. The National Weather Service still has winter storm watches and warnings in effect from Flagstaff to Santa Fe. Watches were published today for Chicago, Detroit, and parts of the interior Northeast. 

Fox Weather provides the forecast timing of the snowstorm: 

Thursday 

After burying California’s Sierra Nevada mountain range under feet of snow amid blizzard conditions, the snow from this storm will spread from the southern Rockies into portions of the central and southern High Plains on Thursday.

Friday 

The winter storm is expected to produce a large area of snow, sleet and freezing rain Friday, extending from eastern Missouri to the southern Great Lakes and interior Northeast. 

Rain is expected initially in parts of the Midwest and Great Lakes, but it will gradually transition to a wintry mix or snow as colder air arrives. Chicago is one of the major cities that will see a changeover to snow Friday.

Areas along Interstate 95 from the New York City tri-state area and points south will see plain rain from this storm system. However, according to the FOX Forecast Center, much of New England, including the Boston metro area, is expected to see a changeover to a wintry mix or snow by late Friday.

The wind will also be a concern as the area of low pressure slides eastward across the region. Wind gusts between 35 and 50 mph are possible across the Midwest and interior Northeast in association with the winter storm, which could create areas of blowing and drifting snow with reduced visibility in some locations. There might even be a few power outages due to downed tree limbs or branches.

Saturday

The action from the winter storm is expected to be centered over upstate New York by Saturday, with rain and snow showers lingering from the eastern Great Lakes to New England before ending late Saturday.

Fox Weather provides total snowfall forecasts for the Midwest and Northeast by the end of the weekend. 

Although March signifies the onset of meteorological spring, the interior Northeast is bracing for yet another winter storm. Earlier this week, a snow drought ended in New York City. 

Tyler Durden
Thu, 03/02/2023 – 17:20

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Five Lessons From Three Years Of Authoritarianism

Five Lessons From Three Years Of Authoritarianism

Authored by Seth Smith via The Brownstone Institute,

Three years ago few of us knew the impending storm that was brewing; one that would upend the very fabric of global democracy, destroy whole communities, businesses and families and cause a vast number of children and adolescents to become unmoored and disengage from society, among many other deleterious outcomes. 

Perhaps most chilling of all has been the sinister turn in those three years of what was once seemingly a force for good, “public health;” which changed into a punitive and authoritarian entity that wilfully engages in iatrogenesis and the disenfranchisement of those skeptical of the medical-industrial complex through widespread and draconian vaccine mandates. 

In retrospect, America in February of 2020 seems like a libertarian, innocent age compared to our current one. We did not live under the shadow of possible nuclear holocaust. Everyday life was devoid of the nanny-state elements of our current age. Many of us had gone through life never quite knowing what the destructive power of a government run amok looked like. 

Now we know.

Not only do we once again live under the imminent threat of atomic annihilation, as our global “leaders” continue to play out a 21st-century version of Dr. Strangelove, but Covid offered an opportunity to further militarize and subordinate society. For let’s call lockdowns what they were: martial law. 

Moreover, the government and the security state during the last few years has proved itself to be in the service of only a tiny sliver of shadowy and in some cases invisible elites and “experts” whose actions have, in America most especially, been held to little accountability. In the face of lockdowns, which happened to be the most universally undemocratic and destructive event of my lifetime, regular citizens were held in contempt and with little more agency than the serfs of the Middle Ages. Some of us were made completely irrelevant and “non-essential.” 

Yet, amongst this wreckage and horror, many skeptical people, who once believed in benevolent leaders, have been freed from the flawed faith in “good” government. In this freedom lie several important lessons for how to move forward into a (hopefully) less totalitarian future.

Lesson #1: We need to hold the medical-industrial complex accountable.

My skepticism about the medical-industrial complex felt inchoate and somehow unfounded pre-Covid. Sure, I knew I’d be given a lecture at every doctor’s appointment about how I needed to schedule colonoscopies (in my early 40s!), buy new medicines, get blood work done, no questions about my holistic well-being, diet, etc. It didn’t matter which doctor I saw, they were all like that. There was always a feeling that these big buildings and office parks that housed the machinery of the medical industrial complex were, like consolidated public schools or prisons, quite anti-human. But I still . . . believed, more or less. 

What the Covid mania revealed is that much of the medical-industrial complex, like the military-industrial complex, is part of a system of hierarchical relationships that only truly benefits those in power. The beneficiaries being Big Pharma, massive corporate health systems, wealthy physicians and even a security state/biodefense apparatus that sees vast swaths of the global population as dots on a chart to be manipulated, vaccinated and medicalized. 

Even worse, iatrogenesis – the massive health harms caused by Covid medical interventions – generates unseemly and massive profits, again for a tiny segment of individuals with unfathomable power and wealth (Bill Gates is the prime example). This sinister complex relies on sickness, not health to make their profits. I believe this is one reason why Covid was so intensely medicalized and why we all became pawns of the vaccine industry, instead of public health pursuing more holistic attempts for better outcomes for people with Covid. 

None of us has to take this lying down, though. Health consumers can take back their rights through the great work of organizations such as the Children’s Defense Fund and No College Mandates, two groups with writers affiliated with Brownstone Institute. 

Lesson #2: The “real” American left is not MSNBC and has perhaps vanished entirely 

The American liberal-left is a coalition that has deteriorated so far as to be unrecognizable, filled with purity tests, blind obedience to secret service agencies like the FBI, the CIA and shadow organizations in the military like DARPA, with authoritarian leaders who constantly virtue signal and who will censor and cancel those they do not agree with. 

For many years, since the late Obama years particularly, I’ve felt more and more out of place within the cultural ideology of the American left, which has placed identity politics above economic fairness, and in many instances is entirely unrecognizable from the “left” of old. 

Covid remains the demarcation point–when I and millions of others abandoned the movement entirely.

Nothing about being a cheerleader for lockdowns represented traditional leftist values. In fact, I would argue that the natural place for the American left was to viciously oppose lockdowns, because they so deleteriously affected the working class, working poor, and minorities. And yet the silence on the left in the mid-part of 2020, much to my horror, soon became derision and then full scale hatred toward those of us who proclaimed our opposition to lockdowns, even with reasoned analysis or proposals such as the Great Barrington Declaration

That we were brutally censored and that all protestations ended up falling on deaf ears was such an alienating experience, many of us who at one time proclaimed to be “of the left” have abandoned the project entirely, and most especially the political party that was supposed to represent us in America, the Democrats. We have emerged politically homeless; some having even established alliances within the welcoming arms of the libertarian and conservative movements. 

This begs the question that many of us have pondered: what is the political left now? And what has it always been? 

It certainly does not resemble the George Orwell version, which had so much influence on me as a college student. The spirit of the left contained in “The Road to Wigan Pier,” for instance, feels like a world gone by, infused as it was with a healthy skepticism, admiration and reverence for the working classes, and the mutually supportive ideas of liberty and egalitarianism. Such humility and nuance have almost wholly disappeared from our current rendition of “leftism.” 

Some of us have even wondered (and indeed Orwell pondered the same thing): does leftism, if unchecked, always loop into something horrendous, the inevitable conclusion not being utopia but the graveyards of Cheong Ek or tendentious, censorious authoritarianism? 

Does dialectical materialism only go down one road in the end, and that toward Stalinism or fascism? 

Yet, despite the loneliness of becoming a dissenter within one’s old political home, the complete destruction of what used to be “left” and in some instances “right” political spheres is in itself freeing. Many of us are carving out new political identities and in some cases new political parties and alliances are forming. This outcome will ultimately be very healthy for the future of democracy. 

Lesson #3: We have proof that “experts” are often wrong. 

A healthy skepticism of the “experts” and elites has always been a hallmark of American life, especially out here in the provinces where I reside. Yet, as Christopher Lasch pointed out in Revolt of the Elites and the Betrayal of Democracy – the last book he published and maybe most prescient – many American elites and professional “experts” have now completely abandoned their advisory roles to become de facto rulers in themselves, worshiped in almost a religious sense by a segment of completely secularized, well-to-do liberals. These elites, however, mostly hold contempt toward the working and middle class. This has been happening for quite some time (Lasch’s book was published in 1996).

The most egregious recent example of this worship and the power of the 21st century technocrat is embodied by the former Director of NIAID, Anthony Fauci, who was the public face of the disastrous Covid response for nearly three full years. The myopic reverence for this man is dangerous on many levels, but it also showcases a grave weakness of modern humanity; many of us will give up even the most basic freedoms because we blindly trust a technocratic “savior” who just may have all the wrong data or simply be a mendacious, cunning bureaucrat. 

Yet, before Covid many of us, including myself, trusted unelected bureaucrats like Fauci far too often with little questioning of their motives. Lockdowns showed their hand and tipped the balance toward egregious authoritarianism. Unelected administrative-state actors should not have any ability to create policy by fiat, and groups such as the NCLA are fighting many of the unconstitutional edicts pushed forward by the Centers for Disease Control and Prevention and the NIH as part of the Covid response.

Lesson #4: The technology that was supposed to lessen inequality actually increases societal rifts.

The modern worship of technology has created an undemocratic information ecosystem rife with inequity, which helped smooth the way for authoritarian and coercive lockdown policies. In fact, with the aforementioned DARPA heavily involved in the Covid response and Big Tech gaining nearly unfettered power during the pandemic, technology’s tentacles are lodged in every classroom, courthouse and boardroom across the country. It seems likely that the architecture for future lockdowns is now firmly in place. 

We should never, at any moment moving forward, accept this as our future. The Western world imitated China’s brutal, authoritarian lockdowns because digital technology facilitated it. These policies would have been impossible as little as 25 years ago. 

And in the end it was all a sham. 

Millions still had to keep the sewers clear, emergency services running, the lights on and our grocery stores stocked. Working class people, many of whom were rightly skeptical of the Covid vaccine, and who subsequently lost their jobs because of the illegal vaccine mandates, were completely ignored by the laptop class who were able to work from home. In the midst of receiving endless curbside deliveries, virtue signaling on social media about “anti-vaxxers,” and sidelining those who actually had to leave their homes and work for a living, Big Tech only fueled the culture wars and ultimately hurt the working class. 

Lesson #5: The most meaningful things are still the most meaningful things. 

If we cannot trust the experts, the government, the global order, or technology, who can we trust? This is perhaps the most important question of all, and one that has been asked from time immemorial. In intense readings of Leo Tolstoy’s non-fiction work during this strange and awful time, especially Patriotism and Government and The Kingdom of God is Within You, I’ve come to realize that in the very act of trusting monolithic institutions or the state in general, we are looking for all the wrong answers and even perhaps asking the wrong questions.

For, like all of the material world, institutions are fallible and crumble. The right questions are much larger and far more personal, and the answers are immutable and have been there forever.

Outside the bounds of our fallible institutions, the most important answers to nearly every question are to be found in authentic feelings of love and belonging. Love for your family, or the little plot of land and house that you own, or the tiny farming community that you live in, the church you belong to, or the group of kind-hearted and supportive friends and writers, like those who have found one another in Brownstone Institute and other grassroots communities. 

Faceless federal institutions and their representatives do not deserve our love, nor in most cases do they deserve even admiration or respect. They are the products of very flawed, uncaring systems and are ultimately artificial creations of a flawed humankind. 

Despite the anguish and pain we have all felt–and the divisions the last three years of authoritarianism have created–don’t let the elites and their petty politics divide your friendships and family. Love is still the ultimate answer. 

Tyler Durden
Thu, 03/02/2023 – 17:00

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“A Total Crock…Un-American” – Taibbi Exposes Censorious Arm Of State-Sponsored Blacklisting

“A Total Crock…Un-American” – Taibbi Exposes Censorious Arm Of State-Sponsored Blacklisting

The list of state-funded entities pushing narratives, crushing questions, demanding censorship, and feeding the liberal media unsourced ‘facts’ is about to grow dramatically as the shadowy line between First Amendment protections and Orwellian DoubleSpeak gets blurred by Matt Taibbi’s latest exposition from his delving deeper into The Twitter Files.

In the recent past, we have seen the farce of ‘Hamilton68’ and its efforts to tamp down any dissenting voice of reason as ‘Russian-sponsored influence and disinformation campaigners’.

Today, we find about about The Global Engagement Center (GEC), The Atlantic Council’s Digital Forensic Research Lab (DFRLab), The Alliance for Securing Democracy (ASD), and New Knowledge (NK) – all doing similar censorious things by similar censorious methods, demanding social media entities blacklist accounts for the barest minimum of reasons.

The silver lining of this exposure is that not just does this reduce their reach by their actions being brought into the light, but it turns out that several Twitter executives, including Trust and Security chief Yoel Roth, rejected many of these requests, even going so far as to mock some of the requests. One former intel source sums up the situation perfectly in his comments to Taibbi:

“It’s an incubator for the domestic disinformation complex…” specifically discussing the GEC, but the comments could apply to any of these entities, adding,

“all the shit we pulled in other countries since the Cold War, some morons decided to bring home.”

Matt Taibbi and the team at Racket put together the following thread of examples of that ‘shit’…

Take a breath…

On June 8, 2021, an analyst at the Atlantic Council’s Digital Forensic Research Lab wrote to Twitter:

“Hi guys. Attached you will find… around 40k twitter accounts that our researchers suspect are engaging in inauthentic behavior… and Hindu nationalism more broadly.”

DFRLab said it suspected 40,000 accounts of being “paid employees or possibly volunteers” of India’s Bharatiya Janata Party (BJP).

But the list was full of ordinary Americans, many with no connection to India and no clue about Indian politics.

“I have no connection to any Hindu folks… Just a Reagan Republican here in CT,” replied “Bobby Hailstone.”

“A Hindu nationalist? I’ve never even been out of this country. Let alone the state of NJ,” said “Lady_DI816.”

“These people are insane!” said “Krista Woods.”

Twitter agreed, one reason many of the accounts remain active.

“Thanks, Andy,” replied Trust and Safety chief Yoel Roth.

“I spot-checked a number of these accounts, and virtually all appear to be real people.”

DFRLab is funded by the U.S. Government, specifically the Global Engagement Center (GEC).

Director Graham Brookie denies DFRLab it uses tax money to track Americans, saying its GEC grants have “an exclusively international focus.”

But Americans on DFR’s list, like Marysel Urbanik, are unconvinced its focus is “exclusively international.”

“This is un-American,” says Urbanik, who immigrated from Castro’s Cuba.

“They do this in places that don’t believe in free speech.”

The Global Engagement Center is usually listed as a State Department entity.

It’s not.

Created in Obama’s last year, GEC is an interagency group “within” State, whose initial partners included FBI, DHS, NSA, CIA, DARPA, Special Operations Command (SOCOM), and others.

GEC’s mandate: “To recognize, understand, expose, and counter foreign… disinformation.”

On the surface, it’s the same mission the United States Information Agency (USIA) fulfilled for decades, with a catch. USIA focused on foreign “disinfo.”

GEC’s focus is wider.

GEC could have avoided controversy by focusing on exposing/answering “disinformation” with research and a more public approach, as USIA did. Instead, it funded a secret list of subcontractors and helped pioneer an insidious – and idiotic – new form of blacklisting.

GEC’s “Chinese” list included multiple Western government accounts and at least three CNN employees based abroad.

“Not exactly Anderson’s besties, but CNN assets if you will,” quipped Twitter’s Patrick Conlon.

“A total crock,” added Trust and Safety chief Yoel Roth.

GEC passed some good information to Twitter, but mostly not.

Taibbi points out that the root problem was exemplified by a much-circulated 2020 report, “Russian Pillars of Disinformation and Propaganda.”

This GEC report was contradictory.

On one hand, it offered reasoned evidence that a specific outlet was partnered with the Russian Foreign Ministry, which would make it a true “proxy site.”

However, the same report advanced a far lazier idea.

Along with state actors, groups that “generate their own momentum” should also be seen as parts of a propaganda “ecosystem.”

Independence, GEC said, should not “confuse those trying to discern the truth.”

And while the “ecosystem” is not a new concept. It’s been with us since Salem: guilt by association.

As one Twitter exec put it perfectly:

“‘If you retweet a news source linked to Russia, you become Russia-linked,’ does not exactly resonate as a sound research approach.”

GEC sent Twitter a series of reports on a series of topics, often employing the “ecosystem” concept.

Its report on France “attributes membership in the yellow vest movement as being Russia-aligned,” is how Twitter’s Aaron Rodericks put it.

GEC’s report on China was “more entertainment value than anything,” said Rodericks.

“It equates anything pro-China, but also anything against China in Italy, as part of Russia’s strategy.”

And so, as Taibbi reports, Twitter staffers showed professionalism.

They tended to look at least once before declaring a thing foreign disinformation. This made them a tough crowd for GEC.

Fortunately, there’s an easier mark: the news media.

GEC’s game was simple:

1. create an alarmist report,

2. send it to the slower animals in journalism’s herd,

3. and wait as reporters bang on Twitter’s door, demanding to know why this or that “ecosystem” isn’t obliterated.

Twitter emails ooze frustration at such queries. UGGG! reads one.

Roth noted Bret Schafer of the Alliance for Securing Democracy was quoted in Frenkel’s story and said: “Seems like ASD are back at their old tricks.”

Roth was referring to the fact that the ASD created Hamilton 68, another guilt-by-association scheme detailed in Twitter Files #15.

The Hamilton “dashboard” claimed to track accounts linked to “Russian influence activities,” but the list was largely made up of Americans.

But facts didn’t matter to these fact-checkers…

In a crucial in-house Q&A in mid-2017, Roth was asked if it was possible to detect “Russian fingerprints” using Twitter’s public data.

Though “you can make inferences,” he said, “in short, no.”

Twitter therefore knew from the first days of the “foreign interference” mania that the media zone was flooded with bad actors playing up cyber-threats for political or financial reasons, GEC included.

“GEC has doubled their budget by aggressively overstating threats through unverified accusations that can’t be replicated either by external academics or by Twitter,” wrote Rodericks.

The same is true of New Knowledge, the scandal-plagued company staffed by former NSA officials that the Senate Select Committee on Intelligence (SSCI) hired to do “expert” assessments of the initial batches of “suspect” Facebook and Twitter accounts.

When Twitter saw New Knowledge and its reporter-worshipped “disinformation” gurus like Jonathon Morgan and Renee DiResta were making analytical leaps they felt were impossible, they knew something was off.

After Politico cited a New Knowledge report to the SSCI as evidence for what it called a “sweeping effort to sow divisions,” Twitter dug in.

NK pointed to five supposedly Russian accounts it said were “relatively easy to find with the Twitter public API.”

Roth scoffed.

Roth said two of the five accounts were a “small Indonesian content farm… just commercial spam. (Would suspend but don’t want to throw fire on the NK report by making anyone think they’re correct.) Becca account is an American and not at all suspicious.”

Twitter’s Nick Pickles: “New Knowledge’s pitch… pick accounts that they have deemed to be IRA controlled, and then spin up bigger macro analysis… stories about ‘2000 Russian accounts tweeting about Kavanagh/Walkway/Caravan’ [were] often based on media activity from NK.”

As Matt Taibbi concludes, just like Hamilton 68, GEC and New Knowledge littered the media landscape with flawed or flat-out wrong news stories.

Exacerbating matters, Americans in both cases paid taxes to become the subject of these manipulative operations.

Foreign cyber-threats exist, and there are sophisticated ways of detecting them.

But GEC and its subcontractors don’t use those, instead deploying junk science that often lumps true bad actors in with organic opinion.

Twitter comms official Ian Plunkett wrote years ago that “misinformation, like [countering violent extremism, or CVE] before it, is becoming a cottage industry.”

Disinformation is the counterterrorism mission, rebranded for domestic targets.

Reauthorization for GEC’s funding is up for a vote this year. Can we at least stop paying to blacklist ourselves?

Tyler Durden
Thu, 03/02/2023 – 16:40

via ZeroHedge News https://ift.tt/yVn0teh Tyler Durden

Biden’s “Great Economic Recovery” Narrative Is Built On Deception

Biden’s “Great Economic Recovery” Narrative Is Built On Deception

Authored by Brandon Smith via Alt-Market.us,

This past month a poll held by ABC and the Washington Post with a 37 year history asked Americans if they were better or worse off in the two years since Biden entered the White House.

If you were to ask Biden this question, you would be regaled with a flurry of great news about a fantastic economic recovery, epic jobs numbers, falling inflation and a dropping deficit.

When you ask actual average citizens, you get a much different reply.

According to the ABC/Post poll, Americans say they are worse off than they have ever been, with the most negative data in the history of the survey. Over 40% of respondents indicated their financial situation was worse under Biden. Only 16% of people said they were better off. Not only that, but 60% of Democrats polled said they did NOT want Joe Biden as their candidate in 2024, and 62% of all people polled said they would be disappointed or even angry if Biden remained in the White House for a second term. This is astounding.

How does one reconcile this reality with the claims made by Joe Biden on the economy? If this is the “greatest economic recovery ever” then why are so many Americans in financial misery?

The number of lies surrounding Biden’s economic platform are too many to count, but I will try to go through the key arguments that the White House is promoting these days and outline why these claims are manipulative or outright fraudulent.

Let’s get started…

Record Jobs Creation?

Biden and his team are quick to suggest that data from the Bureau of Labor Statistics indicates an incredible jobs recovery which he is happy to take credit for. “You don’t have a recession when you have 500,000 jobs and the lowest unemployment rate in more than 50 years,” Treasury Secretary Janet Yellen told ABC’s “Good Morning America” program on Monday. “What I see is a path in which inflation is declining significantly and the economy is remaining strong,” Yellen added.

This is coming from the same woman who denied for years that inflation was real and a threat to our financial system. The same woman that reluctantly admitted to inflation only after it hit 40 year highs. So, keep in mind that Yellen’s track record indicates she is either an idiot or a liar.

Also, these kinds of statements are made while deliberately ignoring the context and details of the situation. Over 25 million+ jobs were lost on Biden’s watch as he aggressively pushed for national covid lockdowns. These lockdowns were useless in stopping the spread of the virus, but they were very effective at killing the economy.

Many conservative red states defied Biden, Fauci and the CDC and reopened after a few months when it became clear that covid was not a threat to the vast majority of people. Blue states languished in lockdowns and irrational fear for much longer. Only recently have most US states backed away from the covid hysteria and so jobs are returning. 25 million+ were lost, and 12 million have been recovered. Hardly anything to brag about, but when you look at it as if the lockdowns never happened, it might be impressive.

Beyond the return of jobs lost during the lockdowns, there is also the issue of around $8 trillion+ in stimulus in less than two years of pandemic response. The lockdowns could not have happened without covid checks and PPP loans, and the covid stimulus helped directly trigger the inflation avalanche that had been building for years. Part of this process happened under Trump’s watch, to be sure. However, it was Biden and the leftists that tried to keep the mandates and lockdowns going even when the data showed they were useless.

With $8 trillion in fiat pumped directly into the system, retail and service industries exploded in 2021 as people rushed to buy goods. Prices exploded, too, because supply could not meet demand. The problem is that the jobs created during this event are a temporary condition of inflation, not a natural result of a recovering economy. In other words, Biden’s jobs market is an illusion built on fiat. I predict we will see considerable job losses this year as savings accumulated from covid stimulus run out and as consumer credit runs dry.

Then, there is the issue of potentially fake or exaggerated BLS jobs data. Only last year the Philly Fed had to revise and refute White House labor gains and cut over 1 million jobs from their stats in the process. This is a massive discrepancy. Though it’s impossible to prove at this stage, I suspect that there is a concerted agenda to lie about employment numbers, either to make Biden look good, or to facilitate an excuse for the continuance of interest rate hikes into economic weakness.

If the BLS numbers are accurate, then why is there a record number of Americans worse off under Biden? One, the jobs being created are low wage. Two, the numbers are fake. Three, inflation is so high that wages cannot keep up with the increase in prices.

Falling Inflation?

If we calculate inflation according to the standards set during the last stagflation crisis in the 1970s and early 1980’s, then the real inflation rate is closer to 15%. Official CPI according to the new way of calculation is 6.4%. Did inflation fall recently? Yes, but not because of Biden.

The Federal Reserve has raised interest rates to nearly 5%. Keep in mind that this is after keeping rates at near zero for around 14 years, and they are expected to continue to climb to a possible 6% or more this year. Higher rates mean far less lending and far less spending by consumers and the government. They also mean that corporate stock buybacks which originally relied on cheap overnight loans from the Fed are going to slowly die out, causing stock markets to fall. The most obvious consequence of this trend will be mass job losses as companies cut costs.

Falling Budget Deficit?

Again, this has nothing to do with Biden. He is trying to spend more and add more to the budget through his “Inflation Reduction Act”. Despite his many promises, he is not trying to reduce the budget.  He will be FORCED to do this, however, by tightening fiscal policy.

Why is the deficit falling? Because the Fed is raising interest rates and this makes it more expensive for the government to borrow and spend. Higher interest rates raise the federal government’s borrowing costs and future interest payments on the national debt. As rates rise government programs must curb spending – meaning they are forced to reduce the budget deficit instead of spending money they don’t have.

The Reality

US retail sales just witnessed a steep decline through the end of 2022 and the holiday season, indicating that the effects of covid stimulus are well and truly over. Manufacturing tumbled as 2022 closed, defying Biden’s assertions that he is bringing back domestic production. US imports of goods have also tumbled and shipping is down across the board, yet another sign that the economy is stalling.

Intermittent spikes in retail sales have occurred, as we saw in January, but so has credit card debt, suggesting that consumers are now leaning on credit in order to cover increased costs triggered by inflation.  Retail sales are not increasing, just the prices and credit expenditures.  In fact, polls show 33% of Americans say it will take them at least 2 years to pay off their credit card debts, and 50% of Americans say they need their credit cards just to cover normal essential living expenses. 45% of people said they had to take on more debt during the pandemic.

The Tech sector is starting mass layoffs right now and may be a canary in the coal mine for what is about to happen to the rest of the jobs market this year. And, inflation remains high enough that 56% of Americans say they cannot keep up with the cost of living, while 77% are worried about their future financial prospects.

This information does not jive with Biden’s story at all. There is no recovery, we are in the midst of a stagflation crisis with elements of a growing recession. I believe 2023 will be the year that the recovery narrative collapses, but the government under Biden will seek to hide the implosion for as long as possible.

*  *  *

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Tyler Durden
Thu, 03/02/2023 – 16:20

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Bostic Batters Stock Bears But Bond Yields Soar After Record Inflation

Bostic Batters Stock Bears But Bond Yields Soar After Record Inflation

Strong US labor data (claims dropped and unit labor costs rose) combined with record high core European inflation (not expected) lifted rates on both sides of the pond and punished US stocks early on.

While the Dow was holding up overnight thanks to Salesforce’s gains, the S&P and Nasdaq both opened below their 200DMAs and so the machines went to work to lift above that at the cash open.

Markets then drifted sideways until, at 1330ET, Fed’s Bostic sparked a buying frenzy with this Bloomberg headline…

  • BOSTIC: FED COULD BE IN POSITION TO PAUSE BY MID TO LATE SUMMER

Which is idiotic because, that’s not a ‘pivot’ and is already priced in, and also because this is what Bostic actually said:

  • Bostic: Fed Has ‘Ways to Go’ in Raising Interest Rates

  • Bostic: Higher Rate Endpoint Could Be Needed if Economy Shows More Strength

And, as a reminder, he is a non-voter!

The STIRs market didn’t budge on Bostic with a 25% chance of 50bps hike in March, May a lock for 25bps and June 70% odds of another 25bps…

Source: Bloomberg

Stocks took off with The Dow leading (thanks to CRM) along with Nasdaq and S&P. Small Caps lagged…

The post-Bostic buying spree was ignited by 0DTE players yet again with put-selling dominating the positive-gamma push (though there was call-buying too)…

HIRO Indicator | SpotGamma™

The 0DTE ignition sparked a more traditional short-squeeze in stocks too…

Source: Bloomberg

0DTE behavior in QQQ was very different with a massive call-selling jolt as Bostic spoke (we can only imagine some offsetting position against this)…

HIRO Indicator | SpotGamma™

The Nasdaq ran back above its 200DMA…

And the S&P ramped back above its 200DMA, with the machines pushing it all the way back above its 50DMA…

The Dow rallied back up to its 100DMA…

VIX broke back below 20 today, but the decoupling may be driven by the volume dominance of short-dated options (which don’t hit the VIX calc)…

Source: Bloomberg

Skew has also collapsed this week…

Source: Bloomberg

But as Nomura’s Charlie McElligott noted this morning, ignoring the bounced this afternoon, stocks are increasingly near a pocket of “accelerant flow” risk to the downside, from both 1) longer-dated Dealer Options positioning as we slip into “Short Gamma / Short Delta” location, as well as 2) potential for further CTA Trend selling-out of what had turned meaningfully “$Long” Global Equities exposure in recent months…

Source: Nomura

At the same time, the market’s expectation for The Fed’s terminal rate hit 5.50% today for the first time… and no rate-cuts at all are priced in now for 2023 (before fading after Bostic’s comments)…

Source: Bloomberg

Expectations for ECB’s terminal rate were lifted today on the hot CPI print, topping 4.00% for the first time…

Source: Bloomberg

Treasury yields were higher across the curve today after the strong EU inflation data. On the week, the belly is underperforming with the long-end and 2Y yields up the least

Source: Bloomberg

30Y Yields topped 4.00% for the first time since November…

Source: Bloomberg

Even more problematically for the housing market’s nascent recovery… it’s over mate! 30Y Mortgage rate are back above 7.00%!

Source: Bloomberg

Before we leave bond-land, consider that 6mo T-Bills have not been this cheap to stocks since the peak of the dotcom bubble…

Source: Bloomberg

And given that the 3 largest ETF inflows this past week are all in short-term T-Bills, it seems more than a few are thinking the same…

Source: Bloomberg

The dollar rallied today – ignoring the dovishness that stocks apparently heard from Bostic…

Source: Bloomberg

Bitcoin ended modestly lower, bouncing back with stocks after early weakness…

Source: Bloomberg

Oil prices ended higher with WTI above $78…

Gold limped lower in a narrow range…

Finally, we note that CTA exposures have all reversed in recent days across asset-classes after the pivot-panic-positioning in January…

Source: Nomura

Will January’s “everything rally” and “anti-USD” trade come back soon? The next 3 weeks have Payrolls, CPI, and FOMC landmines for any positioning…

And, as we noted earlier, traders are betting on the market becoming more homogenous within the next month, shrugging off the idiosyncracies of earnings and themes.

Tyler Durden
Thu, 03/02/2023 – 16:01

via ZeroHedge News https://ift.tt/Jrge5Oj Tyler Durden

Watch: Stammering AG Merrick Garland Destroyed In Congressional Grilling

Watch: Stammering AG Merrick Garland Destroyed In Congressional Grilling

Attorney General Merrick Garland was flayed alive during Wednesday testimony on Capitol Hill, where he sat before the Senate Judiciary Committee to answer questions over the Biden administration’s ‘weaponized’ Justice Department.

For starters, Sen. Ted Cruz (R-TX) laid into Garland for ignoring credible threats against Supreme Court justices surrounding the decision to overturn Roe vs. Wade, which granted a constitutional right to abortion, RedState reports.

A transcript of the exchange is below via RedState (emphasis ours): 

Sen. Cruz: Let me try again. Have you — has the Department of Justice brought even a single case under this statute? It’s a yes-no question. It’s not a give a speech on the other things you did.

AG Garland: The job of the United States Marshals is to defend the lives of the…

Sen. Cruz: So the answer is “no.”

AG Garland:  …is to defend the lives of the justices and that’s their number one priority. They have…

Sen. Cruz: Why are you unwilling to say “no”? The answer’s “no.” You know it’s “no,” I know it’s “no,” everyone in this hearing room knows it’s “no.” You’re not willing to answer a question: Have you brought a case under this statute? Yes or no?

AG Garland: As far as I know we haven’t, and what we have done is defended the lives of the justices with over 70 U.S. Marshals.

Then, Sens. Mike Lee (R-UT) and Josh Hawley (R-MO) grilled Garland over the FBI’s raid of pro-life advocate Matt Houck, whose house they entered with guns drawn in front of his children, before arresting Houck for allegedly shoving an abortion clinic worker – a charge he was acquitted of. Houck now plans to sue the FBI.

DOJ has announced charges against 34 individuals for blocking access to…abortion clinics…there have been over 81 reported attacks on pregnancy centers…and only 2 individuals have been charged!” said Lee, to which Garland stammered through his answer.

Hawley, meanwhile, cited a January FBI memo which advised the agency to infiltrate groups of Roman Catholics which were ‘at risk of committing acts of extremist violence,’ and claimed that Catholics “characterized by the rejection of the Second Vatican Council” are prone to embracing “anti-Semitic, anti-immigrant, anti-LGBTQ and white supremacist ideology.”

Cruz then got back into the mix, slamming Garland over the discrepancy between prosecution of pro-life vs. pro-abortion extremists. 

Tyler Durden
Thu, 03/02/2023 – 15:40

via ZeroHedge News https://ift.tt/qkNezX2 Tyler Durden