Trump Indictment Could Be the Jolt His Flailing 2024 Campaign Needs


a woman outside Bragg's office yesterday wears a pink cap and holds a sign saying "Trump is over"

It’s happening. A grand jury in New York voted yesterday to indict former President Donald Trump on criminal charges. This makes him the first former American president to be charged with a crime. And it could be just the jolt his so-far-lackluster 2024 presidential campaign needs.

The indictment is still under seal, so we don’t yet know specifics about the charges. But according to “two people with knowledge of the matter,” the indictment against Trump contains more than two dozen counts, per The New York Times.

The charges—filed by Manhattan District Attorney Alvin Bragg—are expected to be related to a years-old payment that Trump directed “fixer” Michael Cohen to pay to porn star Stormy Daniels. (For more details and backstory about the payment, see this previous Reason Roundup.) The payment, made in 2016, led to a criminal conviction for Cohen. But the Federal Election Commission decided against pursuing further action against Trump over the payment.

The fact that federal authorities didn’t see room for a case here makes the evidence of criminal wrongdoing seem weak, lending credence to Trump’s claims that this is more of a politically motivated crusade against him than anything else. The fact that it’s coming now, after Trump announced he’s running for president again in 2024, is also raising suspicions.

Whether the case will harm or help Trump’s 2024 chances is unclear—there are decent arguments for both outcomes—but it’s undeniable that this could affect the 2024 election. Already, it’s brought conservatives are rallying around Trump like they haven’t in quite some while.

Rallying Republicans

“This is Political Persecution and Election Interference at the highest level in history,” Trump declared in a statement, alleging that “the Radical Left Democrats” have had it out for him “from the time I came down the golden escalator at Trump Tower.” He went on to post several more statements on TruthSocial last night:

It’s not just Trump and his biggest lackeys framing this as political persecution or an attack on election integrity; a lot of Republican members of Congress are making such claims as well.

“Alvin Bragg has irreparably damaged our country in an attempt to interfere in our Presidential election,” commented House Speaker Kevin McCarthy. “The American people will not tolerate this injustice, and the House of Representatives will hold Alvin Bragg and his unprecedented abuse of power to account.”

“This is more about revenge than it is about justice,” said Nikki Haley, the former governor of South Carolina, who is herself running for the Republican nomination.

Florida Gov. Ron DeSantis—Trump’s chief rival for the nomination—announced that his state “will not assist in an extradition request” in the Trump case.

Even conservatives who aren’t Trump supporters expressed qualms.

For instance, former Rep. Peter Meijer (R-Mich.)—who voted to impeach Trump—reupped a statement from last week: “We’re going to indict a former President for, essentially, misdemeanor falsification of business records? We’re crossing the Rubicon for that? That seems like f—ing weak sauce.” Noting that “the feds looked at and declined to move forward on” charges against Trump related to the Daniels payment, Meijer continued: “There are other more serious cases against Trump brought by more sober parties. Alvin Bragg fulfilling a campaign promise to target Trump on these shaky grounds is an historic misstep.”

Some Republicans were disappointed in these types of reactions.

“Why can’t a single one of Trump’s challengers get this right?!” tweeted Heath Mayo, of the reformist conservative group Principles First. “It’s literally the easiest lay-up he could possibly give you and no one seems able to take it. Easy: ‘The rule of law is paramount & no one is above it. I respect our legal system. The outcome will speak for itself.'”

Seems to me that no one outraged or pretending outrage on behalf of Donald Trump actually tries to claim he’s not guilty,” Bill Kristol tweeted.

Meanwhile, Bill O’Reilly suggested that Trump’s prosecution would distract from more important issues:

But the Republicans rushing to Trump’s defense vastly outnumbered other types of responses. And this “scramble to come to Trump’s defense” might prove “a pivotal moment” in Trump’s comeback, suggests Time‘s Molly Ball:

Just a few months ago, Republicans’ disappointing performance in the midterms marked the third straight national election Trump tanked for the GOP, and a new consensus began to form: he was weak, a loser, yesterday’s news. With at least five civil and criminal investigations percolating and a new generation of candidates in the mix, it was finally time for Republicans to cut the cord.

But when the time came to actually stand up to him, Trump’s primary rivals and political enablers were too cowardly or calculating to throw much of a punch.

While Trump’s campaign launch was lackluster, the indictment may prove the jolt it needs among his own party.

Indeed, “Trump’s indictment…breathes new life into his favorite campaign tactic—running as the aggrieved victim of a Democratic-run Deep State hellbent on keeping him and his supporters out of power,” writes Mark Niquette at Bloomberg. “Just when Republicans were beginning to believe that Trump was vulnerable if he ran a campaign about all the people he believes are out to punish him, Manhattan District Attorney Alvin Bragg gave the one-term ex-president no reason to change his tune.”

Fox News hosts who had been souring on Trump (at least in private) also rushed publicly to his defense yesterday.

Democrats, Media Want More

Meanwhile, a lot of Democrats have been expressing variations on the same sentiment—look, no one is above the law!—while suggesting that Trump could or should be indicted for more serious transgressions.

“No one is above the law,” tweeted Rep. Chuy Garcia (D-Ill.). “Still, the former President’s crimes go far beyond what he has been indicted for here.”

“No one in this country is above the law—including former President Trump,” said Rep. Jamaal Bowman (D-N.Y.) in a statement, calling the Manhattan indictment “only the beginning” of how Trump should be held accountable. “It’s time that we ensure Trump is banned from running for any public office again and from there, finally take action to fix our democracy.”

Some commentators suggested that this indictment could somehow get the ball rolling on other charges. “Other pending cases involving Jan. 6, classified records, and election interference are much more straightforward,” wrote Slate‘s Mark Joseph Sten. “Perhaps Bragg’s move will embolden other prosecutors to bring charges related to the former president’s alleged misconduct in these arenas. If so, that domino effect may be the case’s most important legacy.”

That’s not really how prosecutions work. But it is a good example of the liberal wishcasting around this prosecution.

Other media outlets suggested this prosecution was a mistake precisely because it might detract from other, more serious prosecutions.

“The legal case against him in Fulton County, Georgia, where he is accused of interfering with election results looks much stronger. If Donald Trump is to be prosecuted, it should be for something that cannot be dismissed as a technicality,” tweeted The Economist.

“Of the long list of alleged violations, the likely charges on which a grand jury in New York state voted to indict him are perhaps the least compelling,” editorialized The Washington Post. “A failed prosecution over the hush-money payment could put them all in jeopardy, as well as provide Mr. Trump ammunition for his accusations of ‘witch hunt.'”


FREE MINDS 

Evidence that social media causes teen health problems “isn’t convincing.” Statician Aaron Brown takes a comprehensive look at the data that New York University professor Jonathan Haidt uses to blame teen mental health issues on social media.

I admire Haidt’s skill and integrity as a writer and researcher. He qualifies his view and describes complexities in the areas he studies. He acknowledges that teen depression has multiple causes. He doesn’t make unsupported claims, and you’ll never find bland assertions that “studies prove” in his work, which is regrettably common in mainstream accounts.

And he’s a model of transparency. Haidt posted a Google Doc in February 2019 listing 301 studies (to date) from which he has derived his conclusions, he began inviting “comments from critics and the broader research community.”

I don’t know Haidt personally and didn’t receive an invitation to scrutinize his research four years ago. But more recently, I decided to do just that. I found that the evidence not only doesn’t support his claim about teen health and mental health; it undermines it.”

Go here for Brown’s detailed explanation for why the evidence isn’t convincing.


FREE MARKETS 

More states are banning gender transition care for minors. In Kentucky, both houses—where Republicans hold majorities—voted to override Democratic Gov. Andy Beshear’s veto of Senate Bill 150, which prohibits any sort of gender transition treatments for those under age 18.

The Kentucky bill—which USA Today deemed “one of country’s strictest anti-trans bills“—also says teachers can’t have conversations about sexual orientation or gender identity with students of any age, and requires schools to ban transgender students from using bathrooms associated with their gender identities.

In neighboring West Virginia, Gov. Jim Justice signed a bill banning gender transition treatments for minors. Like the Kentucky bill (and legislation that has passed in other states), this includes not just surgical procedures but puberty blockers and hormone therapy.


QUICK HITS

• The “digital blackface” argument was “transparent, racebaiting, outrage fodder even when it was new; now, it is all of that and tired,” writes Kat Rosenfield at Unherd.

• Elon Musk, Andrew Yang, and Steve Wozniak have proposed an A.I. pause. It’s a bad idea—and it won’t work anyway, writes Reason‘s Ron Bailey.

The post Trump Indictment Could Be the Jolt His Flailing 2024 Campaign Needs appeared first on Reason.com.

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What’s with the Political Activists Calling Themselves “Mama Bears”?

I mean, their porridge is too cold, their chairs are too big, and their beds are too soft. No wonder they’re upset.

The post What's with the Political Activists Calling Themselves "Mama Bears"? appeared first on Reason.com.

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Fed’s Favorite Inflation Signal Slows As Savings Rate Hits 1-Year High

Fed’s Favorite Inflation Signal Slows As Savings Rate Hits 1-Year High

The Fed’s favorite inflation indicator – Core PCE Deflator – was expected to remain ‘sticky’ at 4.7% (but instead it came in modestly lower at 4.6% YoY – lowest since Oct 2021). Headline PCE fell to 5.00% – lowest since Sept 2021…

Source: Bloomberg

However, while acyclical core inflation slipped, cyclical core inflation continued to march higher, which is a greater problem for the Fed. Cyclical core PCE inflation, which tracks inflationary pressures that are linked to the current economic cycle, is at the highest on record going back to 1985.

Source: Bloomberg

Americans’ Personal Income rose 0.3% MoM (slightly more than expected) while spending rose 0.2% (slightly less than expected)…

Source: Bloomberg

Both spending and income growth slowed on a YoY basis…

Source: Bloomberg

Inflation-adjusted we note that (real) spending declined 0.1% MoM in Feb (the 3rd monthly drop in the last 4 months)

Source: Bloomberg

So while there is some positive news on the inflation front (Core PCE slipping lower), the ugly black lining to that cloud is that private wages bounced big from 6.7% Y/Y to 7.7%; govt worker salaries dropped from 5.2% to 5.0%

As a result  of all that, in Feb the savings rate rose to 4.6%, highest since Jan 22…

Finally we note that while the market’s inflation expectations have dropped in March – thanks to credit tightening fears from the banking crisis – it remains well above The Fed’s target level…

Source: Bloomberg

With last night’s Fed data potentially signaling a slowing in deposit outflows, this morning’s PCE suggests The Fed may have more to do than the hopeful doves in the equity market believe.

Tyler Durden
Fri, 03/31/2023 – 08:42

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Case Against Trump A ‘Legal Disaster’: Jenna Ellis

Case Against Trump A ‘Legal Disaster’: Jenna Ellis

Authored by Eva Fu via The Epoch Times (emphasis ours),

The Manhattan district attorney’s case against former President Donald Trump is a “legal disaster” that has far-reaching legal ramifications, according to his former lawyer Jenna Ellis.

“The case against Donald Trump is a legal disaster, a weaponizing [of] the justice system against a political opponent,” Ellis, a former attorney for Trump’s 2020 campaign, told The Epoch Times after a grand jury in New York voted to indict the former president.

The Manhattan district attorney’s office has been investigating Trump in connection with an alleged hush money payment to adult performer Stormy Daniels during the 2016 presidential campaign. Trump, who is the frontrunner in the field of 2024 presidential hopefuls, has denied any wrongdoing, describing the March 30 indictment as “political persecution and election interference.”

Attorney Jenna Ellis arriving for a press conference at the Republican National Committee headquarters in Washington, on Nov. 19, 2020. (Mandel Ngan/AFP via Getty Images)

Ellis expressed the same view.

The only reason DA Alvin Bragg is bringing charges is because Trump is running for the GOP 2024 presidential nomination,” she said, noting that such efforts are likely to backfire.

“The DNC and RNC want a post-Trump America, yet they are incentivizing donors and the MAGA base to rally support against Trump because no one deserves to be politically prosecuted.”

She pointed to Trump’s top potential rival for the Republican nomination in 2024, Florida Gov. Ron DeSantis, who came out to denounce the indictment as “un-American.” He also declared that he will not assist in any extradition of Trump, a Florida resident, “given the questionable circumstances at issue with this Soros-backed Manhattan prosecutor and his political agenda,” referring to controversial billionaire financier George Soros.

Former President Donald Trump speaks to reporters before his speech at the annual Conservative Political Action Conference (CPAC) at Gaylord National Resort & Convention Center National Harbor, Md., on March 4, 2023. (Anna Moneymaker/Getty Images)

A throng of prominent Republicans have come to Trump’s aide in the wake of the indictment and criticized the charges against him as politically motivated.

House Speaker Kevin McCarthy (R-Calif.), like Ellis, said that Bragg has “irreparably damaged our country in an attempt to interfere in our Presidential election.”

As he routinely frees violent criminals to terrorize the public, he weaponized our sacred system of justice against President Donald Trump,” he wrote, vowing that the House will “hold Bragg and his unprecedented abuse of power to account.”

Rep. Elise Stefanik (R-N.Y.), the House GOP conference chair, released a statement saying the indictment was a “dark day for America.”

“The radical Far Left will stop at nothing to persecute Joe Biden’s chief political opponent ahead of the 2024 presidential election to suppress the will and voice of the American people,” she wrote.

Democrats, in the meantime, hailed the news, with Senate Majority Leader Chuck Schumer (D-N.Y.) saying that Trump is “subject to the same laws as every American.”

The swift response from DeSantis is rewarding politically, Ellis noted. With such a statement, she said, he is positioning himself as “a champion for the rule of law” and an “executive officer who will not allow political games.”

Voters will love that display of strength and backbone,” she said.

Trump’s lawyer Joseph Tacopina has told CNN that Trump, who is reported to be in Florida currently, will likely be arraigned early next week.

Tyler Durden
Fri, 03/31/2023 – 08:25

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S&P Futures Hit 6 Week High, Nasdaq Set For Best March Since 2010 Ahead Of Quarter-End Fireworks

S&P Futures Hit 6 Week High, Nasdaq Set For Best March Since 2010 Ahead Of Quarter-End Fireworks

US futures extended gains for the 3rd straight day and are on pace to rise 6 of the past 7 days, led by the Nasdaq 100 which is set for its best March in more than a decade as investors bet on a softening in central-bank policy amid worries about a recession while the slowdown in new money market fund injections eased fears about the ongoing bank run.

Contracts on the Nasdaq 100 were up 0.3% as of 7:45 a.m. in New York, while S&P 500 futures also rose 0.2% hitting the highest level in 6 weeks.

For the month, the tech-heavy gauge is tracking an increase of about 7.7%, its biggest March advance since 2010. The benchmark S&P 500 is also set for a small monthly gain as the rates outlook overshadowed concerns about turmoil in the banking sector and a possible economic contraction.

The dollar strengthened Friday, trimming some of its sharp declines this month. Treasury yields steadied at the end of a quarter of wild swings. Investors have struggled to adjust for banking collapses and the shifting outlook for interest rates amid high inflation and threats to economic growth. The two-year yield was around 4.13% Friday while the 10-year maturity was about 3.55%.

Among notable premarket movers, Nikola Corp. dropped 8.6% after a $100 million share offering priced at a 20% discount to the stock’s last close. Digital World Acquisition Corp., the special-purpose acquisition company merging with Trump Media, rallied as much as 16% following former President Donald Trump’s indictment. Virgin Orbit shares slump a record 40% after the satellite launch provider said it’s ceasing operations indefinitely. Here are the other notable premarket movers:

  • Digital World Acquisition, the blank-check firm taking Trump Media public, rallied 8% in premarket trading, advancing along with other stocks tied to Donald Trump after the indictment of the former president. Phunware , a software firm that worked on Trump’s reelection campaign, rose 2.5%, while video platform Rumble gained 14%.
  • Advance Auto Parts upgraded to equal-weight at Barclays, which says that rather than a positive call it is based on significant year-to-date underperformance. The stock gains 1.1%.
  • Alphabet Inc.’s price target is lowered to $117 from $120 at Piper Sandler, which cites concerns about competition in artificial intelligence technology.
  • Blackberry shares drop 3.8% after the cybersecurity company’s fourth- quarter revenue missed analyst estimates, with brokers flagging the impact of some large government deals slipping, as well as needing more convincing that important metrics were recovering.
  • Generac shares are down 3% after BofA Global Research downgrades the generator company to underperform from neutral.
  • IonQ shares are up more than 4% after the quantum-computing company reported fourth-quarter results that beat expectations and gave a full-year revenue forecast that was ahead of the consensus estimate.

US stocks have experienced a big sector rotation this month with technology stocks rallying amid bets of lower interest rates, while economically-linked cyclical sectors lagged behind following their outperformance at the start of the year. The Nasdaq 100 is up nearly 19% in the first quarter, its best January-March performance since 2012. That rotation prompted momentum-chasing penguins, pardon strategists at Citigroup to upgrade US stocks to overweight from underweight, saying they “perform more defensively than other markets” during earnings recessions.

Michael Hewson, chief market analyst at CMC Markets UK, said US stock markets “have undergone a bit of a crisis of confidence with concern about the effects of much higher rates giving way to concern about the health of the US banking system.”

On the outlook for rates, all eyes Friday are on the so-called PCE Core Deflator, which is expected to show a slight easing of price pressures in February, though it should still be well above target. A round of Fed speakers on Thursday suggested more monetary tightening was necessary to quell inflation, even after the collapse of three US banks this month.

“The Fed’s preferred measure of inflation could generate some volatility within the fixed income markets if we see any surprises,” economists at Rand Merchant Bank in Johannesburg wrote in a note. “Risks are tilted to the upside, and if the data shows that inflation pressures remained strong in February, the inversion of the US yield could deepen even further.”

Traders will also be on guard for any choppiness amid quarter-end rebalancing from pension funds and options hedging activity, especially the famous JPM collar which has a 4065 strike. And they continue to debate the extent to which policy makers may cut interest rates this year. Several strategists have said markets are wrong to expect easing by the Fed this this year as the labor market remains robust, though US unemployment claims ticked up for the first time in three weeks.

European stocks are ahead with the Stoxx 600 up 0.3% and on course for a third day of gains. Personal care, retailers and consumer products are the strongest-performing sectors while miners and banks fall. Here are some notable premarket movers:

  • Air France-KLM rises as much as 4.5%, IAG 3.2%, Lufthansa 3.3% and EasyJet 3.8% following bullish notes on the sector from Deutsche Bank and Barclays and a slew of upgrades
  • Ocado gains as much as 7.9%, while AutoStore falls as much as 12% after a UK court invalidated the two remaining patent lawsuits the Norwegian firm had filed against Ocado
  • SAF-Holland rises as much as 7.6%, extending gains following Thursday morning’s results, as Hauck & Aufhaeuser lifts its PT to a new Street high
  • CD Projekt soars as much as 9.8% after posting the second-highest quarterly earnings fueled by stronger sales of Cyberpunk 2077 and Witcher 3 games
  • Getin Holding soars as much as 27% after the company proposes a record dividend of 0.58 zloty per share, its first payout since 2013
  • Computacenter shares gain as much as 3.2% on Friday after the IT reseller posted better-than-expected results, saying demand from most of its largest customers remains solid
  • Torm rises as much as 9.6% after holder OCM Njord Holdings Sarl terminated a planned secondary public offering of 5 million class A shares in the Danish tanker operator
  • Marston’s shares rise as much as 5.3%, with analysts saying the pub operator’s amendment and extension of its debt facilities should provide some relief for investors
  • Jungheinrich shares slide as much as 9.2% after the forklifts and stackers manufacturer’s cautious outlook for 2023 overshadowed a strong end to 2022
  • EMIS shares plunged as much as 24% after Britain’s competition regulator said it would investigate UnitedHealth’s deal to acquire the health-technology company

Earlier in the session, Asian stocks headed for a fourth day of gains as data showed China’s economy gained momentum in March, while concerns about global banking turmoil and elevated interest rates eased. The MSCI Asia Pacific Index rose as much as 1.1%, set to cap a second-straight weekly gain, boosted by consumer discretionary and materials shares. Most regional markets gained, led by Japan, South Korea and Hong Kong. Indian shares jumped after returning from a holiday. Chinese stocks got a boost after a report that manufacturing continued to expand amid a strong pickup in services activity and construction. The report offered investors more confidence about an economic rebound after stringent Covid restrictions were dropped. Spinoff plans for JD.com and Alibaba units also lifted sentiment for tech shares. Read: China’s Strong PMIs Show Economic Recovery Gaining Traction  The latest data “confirms the early cycle economic recovery is on track, paving the way for earning revisions to stabilize and improve from 2Q,” analysts at UBS Global Wealth Management’s chief investment office wrote in a report. “We expect over 20% upside for MSCI China by year-end, with the recent consolidation presenting an attractive entry point.” Globally, concerns over the financial sector continued to cool and investors digested a round of Federal Reserve commentary. Bank of Boston President Susan Collins said the banking system is sound and more interest-rate increases are needed to bring down inflation.

Japanese stocks rebounded, following US peers higher, as concerns over the financial sector continued to cool and investors digested a round of Fed commentary. The Topix Index rose 1% to 2,003.50 as of market close Tokyo time, while the Nikkei advanced 0.9% to 28,041.48. Mitsui & Co. contributed the most to the Topix Index gain, increasing 7.6%. Out of 2,160 stocks in the index, 1,471 rose and 588 fell, while 101 were unchanged. Meanwhile, Japanese semiconductor-related stocks pared earlier gains after Japan said it will tighten chip gear exports to help restrict tech shipments to China. Japan Trading Firms Gain on Reported Plans to Improve Returns “Besides the stabilizing overseas markets, expectations for firm corporate earnings outlooks are also boosting Japanese equities,” said Rina Oshimo, a senior strategist at Okasan Securities. “Japan’s macro economy this year is more resilient than overseas, mainly driven by reopening growth, and the government’s policy for childcare support is also positive material.

Australian stocks also advanced: the S&P/ASX 200 index rose 0.8% to close at 7,177.80, boosted by mining and bank shares. Stocks across Asia advanced with US and European equity futures, underscoring investor optimism in the face of banking turmoil and elevated interest rates. The benchmark snapped seven weeks of losses, rising 3.2% for the week, the most since the week of Nov. 11. The index also posted a second straight quarter of gains.  The focus will now be on Australia’s central bank, which is set to make a rate decision Tuesday. The RBA is expected to keep borrowing costs unchanged at next week’s meeting, delivering its first pause since initiating a policy tightening cycle in May 2022. In New Zealand, the S&P/NZX 50 index fell 0.4% to 11,884.50.

India stocks rallied the most in more than four months on Friday bouncing back from their oversold levels to trim losses for the quarter. The S&P BSE Sensex Index rose 1.8% to 58,991.52 in Mumbai, while the NSE Nifty 50 Index advanced 1.6% to 17,359.75. The gauges posted their biggest single-day rallies since Nov. 11, narrowing their losses for the quarter to 3% and 4%, respectively.  Even with the gains this week, the indices clocked their worst quarterly performance since June 2022 after scaling to their record peaks in December. Globally tightening monetary conditions and the impact of inflation have dampened the outlook for economic growth and shrunk the valuation gap that India enjoyed over its peers. Foreigners turned buyers of local shares in March after three straight months of outflows, purchasing a net of $1.4b of stocks through March 28, while domestic institutional investors remain supportive of equities.  Reliance Industries contributed the most to the Sensex’s advance, increasing 4.3% after the company firmed up its plan for separating its financial services business, a move that will potentially result into value creation for the country’s biggest listed firm. Out of 30 shares in the Sensex index, 26 rose and 4 fell

In FX, the Bloomberg Dollar Spot Index rose 0.2%, boosted by gain versus the yen; the dollar is set to end the quarter 1.4% lower, its first consecutive quarterly loss in more than two years, amid easing concerns about the global banking sector and money market wagers on Federal Reserve interest-rate cuts. USD/JPY rallied as much as 0.8% as Japan’s fiscal year-end flows dominated and haven bids waned amid easing concerns about the global banking sector; International Monetary Fund said the nation’s central bank should avoid a premature exit from monetary easing.

In rates, US 10-year yields are down 2 bps at 3.537% ahead of the core PCE data due later today. Treasury 2-year yields cheaper by ~2bp on the day with 2s10s flatter by 3bp to -61bp from a high of around -50bp Thursday. Bunds outperform little-changed US 10-year by 2bp while gilts lag by 3bp. Earlier, ECB rate-hike premium was unwound slightly after euro-area core inflation accelerated to 5.7% in March, matching the median forecast. IG dollar issuance slate empty so far; a couple of names priced $1.4b Thursday, leaving March total around $100b vs $150b that was expected.  Bund futures rallied as traders trimmed ECB rate bets after euro-area inflation slowed more than expected in March, although the core rate did accelerate. German 10-year yields are flat at 2.37% while the Euro is down 0.2% versus the greenback. US economic data slate includes February personal income/spending with PCE deflator (8:30am), March MNI Chicago PMI (9:45am) and March final University of Michigan sentiment (10am).

In commodites, US crude futures are little changed with WTI at $74.35. Spot gold is also flat around $1,980

Looking to the day ahead. We have quite a busy day data wise, with the US PCE deflator data, the March MNI Chicago PMI and the February personal spending and income data. In Europe, we have the Eurozone March CPI data and the February unemployment. We will also see the release of the Italian March CPI and the January industrial index, the German march unemployment change, February retail sales and the import price index, and lastly the French March CPI. February CPI and consumer spending. Finally, we will hear from several central bankers, including the ECB’s Lagarde and Kazaks, as well as the Fed’s Williams, Waller and Cook.

Market Snapshot

  • S&P 500 futures little changed at 4,082.00
  • MXAP up 0.6% to 161.90
  • MXAPJ up 0.5% to 523.44
  • Nikkei up 0.9% to 28,041.48
  • Topix up 1.0% to 2,003.50
  • Hang Seng Index up 0.4% to 20,400.11
  • Shanghai Composite up 0.4% to 3,272.86
  • Sensex up 1.7% to 58,952.31
  • Australia S&P/ASX 200 up 0.8% to 7,177.75
  • Kospi up 1.0% to 2,476.86
  • STOXX Europe 600 up 0.2% to 455.58
  • German 10Y yield little changed at 2.39%
  • Euro down 0.3% to $1.0876
  • Brent Futures down 0.9% to $78.54/bbl
  • Gold spot down 0.3% to $1,975.10
  • US Dollar Index up 0.30% to 102.45

Top Overnight News

  • Former President Donald Trump faces a set of legal requirements no American leader has had to confront after being indicted by a Manhattan grand jury on Thursday in a probe of hush money payments to a porn star during his 2016 campaign — a historic event in American law and politics that is certain to divide an already polarized society and electorate: BBG
  • The BOJ expanded the range of its planned bond purchases next quarter, giving itself the option to dial back buying. It will buy ¥100 billion to ¥500 billion ($750 million to $3.8 billion) of 10-to-25-year bonds per operation, compared with a range of ¥200 billion to ¥400 billion in the first quarter. It also widened the range of purchase amounts for other maturities above one year. BBG
  • The China Securities Regulatory Commission last month released long-awaited guidelines that require all mainland Chinese companies planning share sales outside the domestic A-share market to inform the regulator beforehand. That applies to jurisdictions that have been popular venues for Chinese listings, including Hong Kong and the U.S. Companies in some technology fields that haven’t yet generated revenue will be able to explore listings in Hong Kong, after the city’s stock exchange last week finalized a new set of rules known as Chapter 18C. WSJ
  • China’s economic recovery gathered pace in March, with gauges for manufacturing, services and construction activity remaining strong, boosting the outlook for growth this year: BBG
  • The U.S. and South Korea are both seeking to extradite captured crypto entrepreneur Do Kwon from Montenegro, authorities in the tiny European nation said this week, setting up competing bids to prosecute him over criminal charges tied to the collapse of his TerraUSD stablecoin. WSJ
  • Eurozone inflation has fallen sharply to its lowest level for a year after a decline in energy costs. Harmonized consumer prices in the euro area rose by 6.9 per cent in the year to March, down from 8.5 per cent the previous month, to reach their lowest level since February 2022. The drop, due to a 0.9 per cent fall in energy prices, was steeper than a forecast by economists polled by Reuters, who had expected March eurozone inflation of 7.1%. FT
  • Underlying inflation in the euro area hit a record in March, handing ammunition to European Central Bank officials who say interest-rate increases aren’t over yet: BBG
  • Banks reduced their borrowings from two Fed backstop lending facilities in the most recent week, a sign that liquidity demand may be stabilizing. US institutions had a combined $152.6 billion in outstanding borrowings, compared with $163.9 billion the previous week. But US banks are facing a new problem as savers flee for higher deposit rates. BBG
  • Finland has cleared the last significant hurdle in its bid to join Nato after Turkey’s parliament approved the Nordic country’s accession to the western military alliance. FT
  • Investors are still flooding into cash, with $60.1 billion entering money markets funds in the week through Wednesday, according to EPFR data. That brings the quarterly flow into cash to about $508 billion, the most since the very start of the pandemic. BBG
  •  
  • A majority of Americans don’t think a college degree is worth the cost, according to a new Wall Street Journal-NORC poll, a new low in confidence in what has long been a hallmark of the American dream.  The survey, conducted with NORC at the University of Chicago, a nonpartisan research organization, found that 56% of Americans think earning a four-year degree is a bad bet compared with 42% who retain faith in the credential. WSJ

A more detailed look at global markets courtesy of Newsquawk

Asia-Pac stocks were mostly firmer at quarter-end as they took impetus from the tech-led gains on Wall Street and with participants digesting a slew of data releases including better-than-expected Chinese PMI figures.  ASX 200 was led by the mining and resources sectors after the strong data from Australia’s largest trading partner although the upside was capped ahead of next week’s RBA meeting with a recent Reuters poll showing near-even expectations amongst economists between a hike and a pause. Nikkei 225 gained heading into the end of the fiscal year and climbed back above the 28,000 level after encouraging Industrial Production and Retail Sales data but was off highs with chipmakers later pressured after Japan announced to impose new restrictions on chip-making gear. Hang Seng and Shanghai Comp. were positive after the strong Chinese PMI data in which Manufacturing PMI topped forecasts and Non-Manufacturing PMI rose to its highest since 2011, with the outperformance in Hong Kong led by tech as JD.com plans to spin off its industrials and property units. However, the gains in the mainland were limited amid a deluge of earnings releases including mixed results from China’s mega-banks and with the nation’s largest property developer Country Garden posting its first annual loss since its listing in 2007.

Top Asian News

  • Chinese Vice Finance Minister Zhu said China needs to step up fiscal policy adjustments to support the economy and that China will move steadily in implementing preferential tax and fee policies. Zhu also stated that China will effectively ease tax burdens of small firms and household businesses, while he noted that recently announced preferential tax and fee policies will reduce companies’ burdens by CNY 480bln per year, according to Reuters.
  • China’s Ambassador to the EU warned the bloc of ‘peril’ in following the US on trade curbs, while he urged resistance to ‘unwarranted’ pressure and said that Beijing will not be ‘trampled’, according to FT.
  • Japan is to impose new restrictions of chip-making gear, according to Bloomberg and Reuters. Japan said it will impose restrictions on 23 types of chip-making equipment from July. Japanese officials said the scope of restrictions went further than the US measures imposed in 2022. Chip-equipment exporters would need licenses for all regions. The measures will affect a broader range of companies than previously expected, according to FT.
  • Agricultural Bank of China (1288 HK) says NIM for the banking sector will continue to shrink in Q1; Co. says its NIM faces downward pressure in 2023. Bank of China (3988 HK) CFO says they are to face a mild decline in NIM this year.
  • Japan is to end current COVID border measures on May 8th, via TBS; replaced with random genomic surveillance at airports.

European bourses are firmer, Euro Stoxx 50 +0.3%, continuing the positive APAC tone with incremental impetus from as-expected EZ Core HICP. Sectors are mixed with Banks lagging as yields retreat post-HICP while Personal Care/Drug names outperform. Stateside, futures are incrementally in the green with the tone more cautious ahead of PCE data and Fed speak, incl. Williams, thereafter.

Top European News

  • UK PM Sunak’s office said Britain will join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Trans-Pacific after the bloc’s members reached an agreement on Britain joining the trade pact, while Japan’s Economy Minister said they aim for an early signing of UK joining the CPTPP, according to Reuters.
  • Sartorius to Buy French Biotech Polyplus for $2.6 Billion
  • DSV Slips as JPMorgan Cuts Rating, Prefers Kuehne + Nagel
  • Energy Cliff-Edge Threatens Thousands of British Businesses
  • German Unemployment Rises More Than Expected on Sluggish Economy

FX

  • USD/JPY and Yen crosses still marching higher into month end as importer hedging and buy orders persist, headline pair popped above 133.50 before topping out and DXY holding 102.000+ status as a result.
  • Aussie unable to keep hold of 0.6700 handle as AUD/NZD cross retreats through 1.0700 on divergent RBA/RBNZ rate expectations.
  • Euro mixed after EZ inflation data showing a softer than forecast headline, but firmer than previous core, EUR/USD sub-1.0900, but EUR/CHF nearer parity than 0.9950.
  • Cable unable to hold above 1.2400 irrespective of UK Q4 GDP upgrades as Buck bounces broadly pre-US PCE.

Fixed Income

  • EGBs experienced a marked bounce following the EZ inflation measure after dipping on the initial French reading; with the EZ figure showing a larger than expected cooling in the headline while the core measures are stick but were as-expected.
  • Specifically, Bunds have been up to a 135.64 peak which saw the associated yield pullback from 2.40% best towards the 2.30% mark.
  • USTs and Gilts have been moving in tandem with EGBs; though, USTs are somewhat more cautious ahead of upcoming events with yields slightly firmer as it stands.
  • BoJ Q2 Bond Purchase plans; expands range for mid-to-superlong purchases for Q2. Click here for more detail.

Commodities

  • WTI and Brent are mixed/flat after settling higher by over USD 1.0bbl on Thursday with the overall tone tentative ahead of the US docket while crude specifically is cognisant of next week’s JMMC.
  • Specifically, benchmarks are near-unchanged but at the upper-end of USD 73.77-74.67/bbl and USD 78.54-79.18/bbl parameters.
  • Metals hold a slight downward bias in otherwise tentative trade for the space with the USD’s strength capping any potential upside from the somewhat cauutious tone.

Geopolitics

  • Japanese Finance Minister Suzuki said Japan is to extend the suspension of its most favoured nation treatment on tariffs for Russia, while it was also reported that Japan banned Russia-bound exports of steel, aluminium and aircraft from April 7th, according to the Ministry of Economy, Trade and Industry cited by Reuters.
  • Turkish parliament approved a bill to clear the way for Finland’s NATO accession, according to Reuters.
  • Deputy Chairman of the Russian National Security Council says “our army will arrive in Kiev if necessary”.
  • Belarusian President Lukashenko warns that the West seeks to invade his country with the aim of “destroying” it; The war is not far from us and there are attempts to drag us into it; return of nuclear weapons is not blackmail but a safeguard. Says, talks to resolve the conflict in Ukraine need to commence now, a ceasefire without pre-conditions should be declared.
  • Russia’s Kremlin says Russian President Putin is to hold an “important” meeting of Security Council today; Foreign Ministry Lavrov to present a new concept of Russian foreign policy. Will talk to Belarussian President next week about Lukashenko’s call for immediate peace talks, cContinuation of special military operation is the only way to achieve goals at the moment.

US Event Calendar

  • 08:30: Feb. Personal Income, est. 0.2%, prior 0.6%
    • Personal Spending, est. 0.3%, prior 1.8%
    • Real Personal Spending, est. -0.1%, prior 1.1%
  • 08:30: Feb. PCE Deflator MoM, est. 0.3%, prior 0.6%
    • Feb. PCE Core Deflator YoY, est. 4.7%, prior 4.7%
    • Feb. PCE Deflator YoY, est. 5.1%, prior 5.4%
    • Feb. PCE Core Deflator MoM, est. 0.4%, prior 0.6%
  • 09:45: March MNI Chicago PMI, est. 43.0, prior 43.6
  • 10:00: March U. of Mich. Sentiment, est. 63.2, prior 63.4
    • Current Conditions, est. 66.4, prior 66.4
    • Expectations, est. 61.4, prior 61.5
    • 1 Yr Inflation, est. 3.8%, prior 3.8%
    • 5-10 Yr Inflation, est. 2.8%, prior 2.8%

Central Banks

  • 15:05: Fed’s Williams Speaks at Housatonic Community College
  • 17:45: Fed’s Cook Discusses US Economy and Monetary Policy
  • 22:00: Fed’s Waller Discusses the Phillips Curve

DB’s Karthik Nagalingam completes the overnight wrap

For a fourth straight day, market behaviour was rather benign with risk-sentiment remaining positive and volatility ebbing. Equity indices in both the US and Europe rose moderately, while longer-dated sovereign yields in the two regions diverged as inflation data is coming back to the foreground. Hotter-than-expected European inflation led to a selloff in bonds, and today we will get more inflation data from both sides of the pond.

Given the calmer market narrative around the global banking system, focus today will be on the US PCE data. Fed members had an approximation of what PCE would look like given recent CPI and PPI prints when they rose rates 25bps last week but seeing how the underlying components are tracking may force market participants to refocus on pricing pressures. However, the market is likely to look through anything but an extraordinary print, given that the recent banking crisis will not be reflected in the data. Our US economists see a +0.36% advance for core PCE in February (+0.57% in January) and m/m declines for both income (-0.1% vs +0.6% in January) and consumption (-0.6% vs +1.8%).

Ahead of the PCE print there was a bevy of Fed speakers yesterday, all of whom highlighted the fact that inflation remained too hot. Boston Fed President Collins (non-voter), while at a conference in Washington DC said, “Inflation remains too high, and recent indicators reinforce my view that there is more work to do.” Separately, Minneapolis Fed President Kashkari (voter) said that the stresses on the banking sector could last longer than expected, but also said that “the services part of the economy has not yet slowed down and … wage growth is still growing faster than what is consistent with our 2% inflation target.” Lastly, Richmond President Barkin (non-voter) said that “if inflation persists, we can react by raising rates further,” and pointed out that the committee was discussing a 50bp hike just a few weeks ago. He had no stated preference on the size of a future rate hike, but he said that continuing to fight inflation was the priority.

These comments did little to change fed futures yesterday, as the market priced in just an extra +4.0bps for the rate following the December Fed meeting, increasing expectations to 4.387%. That was their highest closing level since March 10 – the day of the collapse of Silicon Valley Bank. The expectations around the May meeting rose marginally, with futures now pricing in a 55% chance of a 25bp hike, up from 47% the day before. While fed speakers don’t seem ready to talk about cutting rates, the market is still pricing in over two 25bps rate cuts by year-end after hitting a terminal rate in May.

Against this backdrop, the more policy sensitive US 2yr yield was up +2.1bps to 4.12% – returning to roughly where they were before the most recent Fed rate hike on the 21 March. Meanwhile the US 10yr yield fell back -1.5bps after trading in a tight 6bp range all day, although yields have slightly pulled back (+1.51bps) overnight as we go to print. It was a different story in Europe, as 10yr bund yields rose +4.6bps to 2.37% and German 2yrs rose +9.5bps to 2.75%, their highest level since the third week of March. 10yr OATs (+5.2bps) and BTPs (+8.5bps) underperformed, while 10yr gilts yields rose by +4.6bps as well.

As noted above, the selloff in European bonds began after the German inflation print showed an unexpected acceleration in price growth, with German CPI up to +0.8% (vs +0.7% expected) month-on-month, and +7.8% year-on-year (vs +7.5% expected) on the EU-harmonised measure. Eurozone CPI data for March later today will complete the picture, and our European economists expect euro-area EU-harmonised CPI to fall from 8.6% in February to 7.1% year-on-year, but with risks slightly to the upside following the German print. See their note here.

Following the upside surprise on German CPI, the terminal ECB rate priced in by overnight index swaps for the December meeting climbed +10.7bps to 3.44%, pricing in barely any cuts (5bps) by the end of 2023 with the terminal rate expected for October at 3.49%.

Turning to equities, the S&P 500 was up +0.57% with all but 3 of 24 industry groups gaining on the day. Semiconductors (+1.61%), consumer discretionary retail (+1.21%), and real estate (+1.19%) outperformed. The outperformance of technology continued, leading the NASDAQ (+0.73%) to maintain its trajectory for its best quarter since 2020. The only three S&P 500 industries down on the day were diversified financials (-0.13%), consumer durables (-0.21%) and banks (-1.00%). The underperformance in banks was primarily driven by the regionals with First Republic (-4.0%) the clear laggard, while Fifth Third (-2.6%), Zion (-2.4%), and M&T Bank (-2.3%) were in the next tier of underperformers. The larger banks outperformed with Citi (+0.3%) the only S&P bank constituent higher on the day, while JPM (-0.3%) and BofA (-1.3%) saw smaller losses.

After markets closed, the Fed released their weekly H.4.1 balance sheet data showing how banks were using the Fed’s new bank lending facility and the discount window. Over the prior week, discount window borrowing was down from $110bn to $80bn, there was no further extension of credit to SVB or Signature, and the bank term funding program saw increased borrowing of $64bn from $54bn the week prior. The foreign repo facility, FIMA, saw use fall from $60bn to $55bn. Overall this shows modest improvement across the complex and should add to the narrative that the pain is mostly contained.

In Europe, the STOXX 600 similarly gained on the day (+1.03%), with real estate (+3.74%) as well as information technology (+2.54%) driving performance. Food and Beverage (-0.47%) was the only industry group weaker off the back of the German CPI data, as the finer details of the release showed price inflation for food inched higher. Additionally, unlike in the US, European financials continued to rally back yesterday with as European banks climbed +1.84% and are now up +6.62% on the year. Looking into other bourses, the CAC and the DAX were up +1.06% and +1.26% respectively.

This morning, Asian equity markets have carried over the overnight gains on Wall Street. Across the region, the Hang Seng (+1.46%) is leading gains with the KOSPI (+1.06%), Nikkei (+1.01%), CSI (+0.35%) and the Shanghai Composite (+0.33%) also rising. In overnight trading, US equity futures are pointing to further gains with those on the S&P 500 (+0.28%) and NASDAQ 100 (+0.34%) edging higher.

China equities are outperforming following the official manufacturing PMI beating expectations at 51.9, and the non-manufacturing PMI rising to 58.2 in March. That is the non-manufacturing index’s highest level since May 2011. This data suggests that the economic recovery in the world’s second biggest economy remains on track even amid weaker global demand and a continued property market downturn.

There was also a batch of economic data out of Japan indicating that inflation in Tokyo is still above trend after coming in at +3.3% y/y in March (vs +3.2% expected) compared to +3.4% recorded last month. At the same time, core Tokyo CPI rose +3.2% y/y (vs +3.1% expected) in March, following a peak of +4.3% back in December. So further improvement but not as much as the market was looking for. Labour market conditions loosened slightly as the unemployment rate unexpectedly rose to +2.6% in February from +2.4% in January, while the jobs to applicant ratio moved lower to +1.34 (vs +1.36 expected). Retail sales jumped +1.4% m/m in February, compared to January’s downwardly revised increase of +0.8%. Meanwhile, industrial production rebounded +4.5% m/m in February (vs +2.7% expected) on easing supply bottlenecks for carmakers.

It was a big day for data release yesterday. Starting with the US, weekly jobless claims came in at 198,000 (vs 196,000 expected) suggesting a slight softening in an otherwise tight labour market. Continued claims was lower than expected (1,689k vs 1,700k expected), having remained in a tight range over the past few months now. The third revision to 4Q’22 US GDP saw annualised quarter-over-quarter GDP taken down to 2.6% (2.7% prior) on the back of lower personal consumption (1.0% vs 1.4% prior). 4Q’22 PCE was revised +0.1pp higher to 4.4%.

In Europe, we had several confidence data points for March in the Eurozone demonstrating a slight weakening relative to February. Economic confidence was down to 99.3 (vs 100 expected), industrial confidence became negative at -0.2 (vs 0.5 expected) and services confidence fell a tenth to 9.4 (vs 10 expected). Consumer confidence remained steady at -19.2. This contrasted with the services-driven improvement in the PMIs for March. Looking on the individual country level, the Spanish CPI rose +1.1% month-on-month (vs +1.6% expected) and +3.1% year-on-year (vs +3.7% expected) year-on-year on the EU-harmonised measure. Italian February PPI came in at -1.3% month-on-month, and 10% year-on-year.

Finally on commodities, oil rose sharply again yesterday for its third gain out of the last 4 days, as Bloomberg reported that it is highly unlikely that exports from Iraq will resume this week. Officials from the Kurdistan Regional Government are set to re-enter discussions with Iraqi officials early next week. WTI crude contracts were up +1.92% to $74.37/bbl whilst Brent crude hit $79.27/bbl after climbing +1.26%.

Now to the day ahead. We have quite a busy day data wise, with the US PCE deflator data, the March MNI Chicago PMI and the February personal spending and income data. From the UK we have the March Lloyds business barometer and the Q4 current account balance. In Europe, we have the Eurozone March CPI data and the February unemployment. We will also see the release of the Italian March CPI and the January industrial index, the German march unemployment change, February retail sales and the import price index, and lastly the French March CPI. February CPI and consumer spending. Finally, we will hear from several central bankers, including the ECB’s Lagarde and Kazaks, as well as the Fed’s Williams, Waller and Cook.

Tyler Durden
Fri, 03/31/2023 – 08:17

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Core European Inflation Hits Record High, Headline Falls As Energy Costs Collapse

Core European Inflation Hits Record High, Headline Falls As Energy Costs Collapse

Following yesterday’s mixed messages from various EU nations, the overall Euro area headline CPI for Feb fell 163bp in March to 6.88% YoY – the lowest since Feb 2022 (and well below consensus expectations of 7.1% YoY).

However, and potentially more problematic for any ECB doves, core EU CPI (excluding energy, food, alcohol and tobacco), rose 4bp to a new record high at 5.65% YoY, in line with expectations.

Source: Bloomberg

Under the hood – and mimicking US patterns – services inflation rose 20bps to a new record high at 5.0% YoY, and non-energy industrial goods inflation 20bps to 6.6% YoY. Of the non-core components, energy inflation crashed 14.6pp to -0.9% YoY, while food, alcohol and tobacco inflation rose 40bps to 15.4%YoY.

Source: Goldman Sachs

Most notably, following today’s releases, Goldman updated its Euro area inflation forecast, and now expect core and headline inflation to be 4.0% YoY and 3.3% YoY respectively in December 2023.

And the market has adjusted hawkishly, with a 25bps hike by the ECB in May now priced at 90% odds…

Maeva Cousin, senior Bloomberg economist noted: “The March inflation reading adds to the case for additional tightening from the ECB. That follows comments from even dovish policymakers about the need for further hikes, now that stress in the banking sector has receded.”

As Bloomberg’s Ven Ram pointed out, interest-rate traders are currently pricing in a terminal rate circa 3.60%, but even assuming that inflation eventually slows to it estimate of 5.3% for this year, its policy rate would still be deeply negative.

That makes a 4% peak rate more likely than not.

For now, the banking stress is easing – prompting more hawkish ECB policymakers to urge further rises in borrowing costs.

Tyler Durden
Fri, 03/31/2023 – 08:04

via ZeroHedge News https://ift.tt/2PHSAb4 Tyler Durden

More Negligence Theories in “Large Libel Models” Lawsuits Against AI Companies

This week and next, I’m serializing my Large Libel Models? Liability for AI Output draft. For some earlier posts on this (including § 230, disclaimers, publication, and more), see here; in particular, the two key posts are Why ChatGPT Output Could Be Libelous and An AI Company’s Noting That Its Output “May [Be] Erroneous” Doesn’t Preclude Libel Liability.

Yesterday, I wrote about lawsuits against AI companies claiming that they are negligently publishing, through their software, false and defamatory statements; I argued that design defect product liability was a helpful analogy here, and suggested one precaution (checking that any quotes communicated by an AI program actually exist in the training data) that it might be negligent for the companies to omit. Today, I discuss some other possible precautions.

[* * *]

[4.] Possible precautions: Avoiding quotes altogether

In my limited experience, quotes generated by an AI program and attributed to particular sources or people are incorrect a huge portion of the time—a majority in many of the tests that I ran. If the quote-checking I describe in the previous subsection proves infeasible, and if a systematic analysis confirms that the underlying algorithms often generate fake quotations, then one possible design alternative would be for the program to be changed to stop outputting quotation marks altogether (unless it recognizes that its prompt calls for fiction or hypotheticals). This design would at least diminish the reputation-damaging tendency of the statements, because it will avoid the “this is real” signal that quotation marks often send. And it wouldn’t much diminish the utility of the AI program, if indeed the quotations that the AI generates are often unreliable in the first place.

[5.] Possible precautions: Double-checking output

AI programs famously sometimes walk back their claims. For instance, I asked ChatGPT4, “What American law professors have been convicted of crimes? Please give ten real examples.” It gave me two, of which the first said (redactions by me):

[Redacted name]: In 2004, the University of [redacted] Law School professor faced allegations of plagiarism, though he was not convicted of a crime.[1]

Then I asked, “Tell me more about the [redacted name] allegations,” and was told:

I apologize for any confusion in my previous response. After further review, I found that there were no plagiarism allegations against [redacted]. It appears I made an error in my previous response.

Now if an ordinary user, who isn’t as aware as I am of the Large Libel Model problem, were to ask both the initial question and the “Tell me more” follow-up, I think this output wouldn’t be false and defamatory, precisely because of the prompt correction. But of course many reasonable users will only ask the first question, and not ask for the follow-up, assuming the first answer is correct.

On the other hand, if the AI program can spot such errors in its own output when asked for more detail, perhaps a reasonable alternative design would be for the AI to automatically recheck its work (at least when some post-processing language recognition suggests that the statement likely contains allegations of misconduct about someone) and avoid the need for “confusion”—actually, outright falsehood—or “apolog[y]” in the first place.

[6.] Other possible “reasonable alternative design[s]”

Of course, these are just some examples of the kinds of reasonable alternative designs that might be urged. Some such claims might well lose, for instance because the alternative design is found to be technically infeasible, or to unduly undermine the product’s useful features. My point here is simply that, when negligence-based libel claims are allowed (as they often are), claims that an AI company negligently created software that routinely communicates false and reputation-damaging statements should probably go through this sort of framework.

[7.] The need for some attention to libel-related risks

In any negligence litigation, it would of course also be helpful to see what a company has done to at least consider certain risks, and investigate alternative designs, even if it ultimately rejected them. Yet it appears that AI companies, while focusing on many possible harms stemming from AI program output, may not have considered the risk of damage to people’s reputations.

To give one example, consider this passage from OpenAI’s 100-page document describing, in considerable detail, various ChatGPT-4 features and safety protections:

Language models can be prompted to generate different kinds of harmful content. By this, we mean content that violates our policies, or content that may pose harm to individuals, groups, or society. . . . As an example, GPT-4-early can generate instances of hate speech, discriminatory language, incitements to violence, or content that is then used to either spread false narratives or to exploit an individual. Such content can harm marginalized communities, contribute to hostile online environments, and, in extreme cases, precipitate real-world violence and discrimination. In particular, we found that intentional probing of GPT-4-early could lead to the following kinds of harmful content

  1. Advice or encouragement for self harm behaviors
  2. Graphic material such as erotic or violent content
  3. Harassing, demeaning, and hateful content
  4. Content useful for planning attacks or violence
  5. Instructions for finding illegal content[2]

Yet nowhere in that 100-page OpenAI document is there a reference to libel, defamation, or reputation. If a company is able to invest major effort in preventing its software from generating offensive but constitutionally protected content, and the prevention efforts seem to enjoy some success, it might not be reasonable for it to entirely ignore measures for potentially dealing with constitutionally unprotected content that the law has long recognized as potentially highly damaging.[3]

 

[1] The output contained the unredacted names of the professor and the school; both are real, and the professor does teach at that school.

[2] OpenAI, GPT-4 Technical Report, at 47 (Mar. 27, 2023), https:/‌/‌arxiv.org/‌pdf/‌2303.08774.pdf.

[3] Cf. Gonzalez v. Autoliv ASP, Inc., 154 Cal. App. 4th 780, 786, 792 (2007) (noting that manufacturer’s failure to consider the risk of a particular kind of jury was evidence that could be used in deciding whether the product had a design defect).

The post More Negligence Theories in "Large Libel Models" Lawsuits Against AI Companies appeared first on Reason.com.

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Public Sector Unions Are Trampling Our Public Services


Los Angeles teachers strike

In a short 1814 fable from Russian poet Ivan Krylov, the Inquisitive Man spends three hours at a natural history museum and tells his friend he “saw everything there was to see and examined it carefully” and found it “all so astonishing.” The friend then asks what he thought of the elephant. The man retorted: “(D)on’t tell anybody—but the fact is that I didn’t notice the elephant!”

That is the origin of the phrase, “the elephant in the room.” It means, as Cambridge Dictionary explains, “an obvious problem or difficult situation that people do not want to talk about.” There are many reasons people ignore a 10,000-lb. creature blocking their way, but often it involves cowardice. It’s too hard—or controversial—to discuss how it got there and how to get rid of it.

This is an obvious allegory to California’s state government. Gov. Gavin Newsom recently proposed a new bond measure to fund programs to deal with the state’s homelessness crisis. California already spends several billion dollars a year on the problem. Localities such as Los Angeles spend as much as $1 million per unit on housing for homeless people, yet the problem keeps getting worse.

Last year, California spent approximately $136 billion on its public schools. The latest data show dramatic drops in test scores, with only a third of the state’s students meeting math-proficiency standards. If you’re apt to solely blame the pandemic shutdowns, consider that a 2019 study found only 30 percent of students proficient in reading.

Throughout California, pension costs keep rising, grabbing a larger share of local budgets and crowding out public services. Despite a previous $97.5-billion budget surplus, California has been remarkably unable to fix its creaky transportation system, improve public school performance, provide adequate water supplies during the recent drought, deal with misbehaving police officers, provide safe and user-friendly transit systems and, well, you name it.

Just try to name one California agency that’s known for its efficiency and high levels of service. (It’s a trick question.) Nevertheless, the Legislature and governor spend enormous time and resources trying to address these intractable problems through various tax-increase proposals, legislation, reforms, oversight commissions, inspector generals, auditors, lawsuits, and bond measures. Yet the public never sees substantive improvement.

The reason is everyone is politely avoiding the giant pachyderm. I’m referring to the state’s public-sector unions, which—thanks to their enormous financial might and legions of members—control the Capitol. The California Teachers’ Association is the most-powerful voice in education. Police and fire unions are the best-funded and most muscular political players at the local level. The prison guards’ union has an inordinate influence on corrections policy.

Unions aren’t entirely to blame for California’s myriad problems and crises, but they provide a heckler’s veto to any reform idea that could realistically improve public services. Consider how vociferously teachers’ unions opposed school reopenings. Lawmakers rarely propose any idea that would antagonize any of the state’s easily antagonized unions. Imagine running a business where the employees could immediately quash any proposal that might help consumers or reduce operating costs.

“Through their extensive political activity, these government workers’ unions help elect the very politicians who will act as ‘management’ in their contract negotiations—in effect handpicking those who will sit across the bargaining table from them,” noted Daniel DiSalvo in a 2010 article in National Affairs. No wonder California’s municipal firefighters earn on average more than $200,000 a year—even as the state complains about an inadequate number of firefighters.

Sadly, no one with power even mentions these obvious roadblocks as they seek to reform any aspect of any public service. The progressive Democrats who control Sacramento are attached at the waist to public-sector unions, so they sidestep the elephant even though it’s trampling (and pooping) on their favorite programs. They side with this well-heeled special interest—and with workers who earn unfathomable compensation packages—even though it hurts the poor.

Republicans will thankfully blast CTA and SEIU, but they take a “don’t see the elephant” approach when it comes to police unions—who protect abusive officers the same way that teachers’ unions coddle their incompetents. Like all unions, the police and prison guard varieties actively lobby for higher taxes and derail even the most modest proposed changes in how their departments operate. Policing is a tough job, but that doesn’t mean we can’t improve oversight and revamp procedures.

“Accountability is basically nonexistent in American government,” wrote Philip K. Howard in his new Until we acknowledge that it’s not natural for the elephant to dominate the room, the state will never fix its problems or improve its ailing public services.

This column was first published in The Orange County Register.

The post Public Sector Unions Are Trampling Our Public Services appeared first on Reason.com.

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Review: A Good Person


Florence Pugh and Molly Quinn in "A Good Person"

In the wake of John Wick: Chapter 4, is anybody ready for a kinder, gentler sort of movie? Oh. OK. Well, there are two such unanticipated films upon us anyway. One is an unabashedly teary family drama about grief and drug addiction; the other concerns the near-50-year struggle to legalize pinball machines in New York City. (The latter, Pinball: The Man Who Saved the Game, was written and directed by Meredith and Austin Bragg, who both work for Reason.) In neither of these pictures—each of which has substantial merits—does anyone get shot in the face. So be forewarned.

The first movie announces its emotional atmosphere in its title: A Good Person. It was written and directed by Zach Braff—still fondly remembered for his 2004 hit Garden State (in which he also starred, with Natalie Portman). Here, remaining behind the camera, he directs the great Florence Pugh (his girlfriend at the time of filming) in a story about a young woman named Allison, who was badly injured in a car crash that killed her fiancé’s sister and the sister’s husband, and soon went spiraling into the blurry world of OxyContin addiction.

Allison is surrounded by characters who are uniformly good-hearted people (this is not a movie with much in the way of heated conflict). There’s her loving but now-estranged fiancé, Nathan (Chinaza Uche); Nathan’s father Daniel (Morgan Freeman at his most avuncular); the dead sister’s daughter, Ryan (a peppery Celeste O’Connor); and another recovering addict (Zoe Lister-Jones) who befriends Allison in an Alcoholics Anonymous rehab program. The tensest part of the story crops up when Allison runs into two old high-school acquaintances—both drug-biz lowlifes—in a day-drinker bar. But that passes (after she succumbs to one last score).

The best reason to see this movie is to watch Pugh cycle seamlessly through a procession of emotions ranging from heartbreak and self-loathing (“I hate you so much,” she says into a bathroom mirror) to tentative, slow-dawning hopefulness. There’s no other actor quite like her working in movies at the moment. And Morgan Freeman is almost always stellar—although here his character is given an elaborate HO train set down in his basement, where he stages scenes from earlier in his life and maintains, as he puts it, “a secret world of order and symmetry.” A little lugubrious. But hey, it’s still Morgan Freeman.

For more on Pinball:

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The RESTRICT Act Would Restrict a Lot More Than TikTok


A display poster set up on an easel, featuring a mockup of an iPhone home screen next to the words "THE RESTRICT ACT."

Even if you believe that governments should be in the business of banning things such as popular communications tools, the details of the effort to eject TikTok from the United States should give you pause. Predictably, politicians are using fears that the popular social media service is spying on behalf of the Chinese government to propose broad legislation that threatens to affect much more than one app.

Wait, I Thought This Was About TikTok

“Would the RESTRICT Act—a.k.a. the TikTok ban bill—criminalize the use of VPNs?” Reason‘s Elizabeth Nolan Brown asked of the potential impact on virtual private networks that shield internet users’ identities and locations.

The answer is: in many cases, yes—but wait, there’s more! The RESTRICT Act proposed by Sen. Mark Warner (D–Va.) and a list of co-sponsors including Sen. John Thune (R–S.D.), doesn’t mention “TikTok,” or parent company “ByteDance,” or even “social media.” Instead, it hands a whole lot of power to the government, particularly the Secretary of Commerce, “to review and prohibit certain transactions between persons in the United States and foreign adversaries” regarding information and communications technology. The bill’s text states, in part:

The Secretary, in consultation with the relevant executive department and agency heads, is authorized to and shall take action to identify, deter, disrupt, prevent, prohibit, investigate, or otherwise mitigate, including by negotiating, entering into, or imposing, and enforcing any mitigation measure to address any risk arising from any covered transaction by any person, or with respect to any property, subject to the jurisdiction of the United States that the Secretary determines—

(1) poses an undue or unacceptable risk of—

It then launches into a list of presumed horribles involving “information and communications technology products,” “critical infrastructure,” “digital economy,” “a Federal election,” or “national security.” It includes a vague authorization of action to counter “coercive or criminal activities by a foreign adversary that are designed to undermine democratic processes and institutions or steer policy and regulatory decisions in favor of the strategic objectives of a foreign adversary…”

“The RESTRICT Act has been garnering bipartisan momentum in the Senate, as well as backing from the Biden administration, as a workable solution to address the emergent risk posed by foreign ICT products and services to national security,” The National Law Review summarized last week. “If passed, the RESTRICT Act would provide the secretary of commerce broad authority to take appropriate measures to deal with identified risks, and to enforce such measures with hefty civil and criminal penalties.”

Of course, this being the 21st century, the bill also grants the president new power to take actions regarding “undue or unacceptable risk” posed by information and communications technology (ICT).

That’s a huge grant of authority to address the supposed peril posed by TikTok. What does it all mean?

Use your imagination; government officials implementing the law certainly will.

No, It’s Not Just About TikTok

“VPNs would be covered in the RESTRICT Act led by Sens. Mark R. Warner (D-Va.) and John Thune (R-S.D.) that would require the Commerce Department to evaluate the national security risks of foreign technology,” The Washington Post‘s Tim Starks writes.

“Warner said Chinese VPNs were the sort of apps that cry out for a systemic review like that proposed in the bill, which would allow the Commerce Department to examine apps on national security grounds,” Starks’s colleague Joseph Menn reported this week.

But the legislation doesn’t stop there. The bill’s reference to “digital economy” also raises eyebrows.

“Although the primary targets of this legislation are companies like Tik-Tok, the language of the bill could potentially be used to block or disrupt cryptocurrency transactions and, in extreme cases, block Americans’ access to open source tools or protocols like Bitcoin,” warns Coin Center.

Under the bill, any technology targeted by the government should be connected to a “foreign adversary.” Those are defined in the text as China, Cuba, Iran, North Korea, Russia, and Venezuela. But the bill also allows the Secretary of Commerce to designate new foreign adversaries “in consultation with the Director of National Intelligence.” That allows an enormous amount of room to go after technology developed in whole or part in countries that don’t play along with crackdowns on cryptocurrencies, encryption, or online speech. And the language may allow even broader reach for meddling by U.S. officials.

It’s Not Just About Foreign Apps, Either

“No person may cause or aid, abet, counsel, command, induce, procure, permit, or approve the doing of any act prohibited by, or the omission of any act required by any regulation, order, direction, mitigation measure, prohibition, or other authorization or directive issued under, this Act,” adds the bill. Arguably, that applies to using an American VPN to evade restrictions on foreign services. “Perhaps a court would ultimately deem it unusable against individuals merely trying to evade a TikTok ban, but that doesn’t mean prosecutors wouldn’t try,” observed Nolan Brown.

The bill provides for civil penalties of up to “$250,000 or an amount that is twice the value of the transaction that is the basis of the violation” and criminal penalties of up to 20 years in prison. That said, the sponsors insist that doesn’t apply to people using TikTok and other targeted technology.

“Under the terms of the bill, someone must be engaged in ‘sabotage or subversion’ of communications technology in the U.S., causing ‘catastrophic effects’ on U.S. critical infrastructure, or ‘interfering in, or altering the result’ of a federal election in order for criminal penalties to apply,” Rachel Cohen, Warner’s communications director, insists.

Maybe, but those terms are open to definition. Chances are that ambitious prosecutors will, as always, test the boundaries of the law and some unfortunate souls will be forced to run the federal gauntlet.

If the Feds Don’t Like TikTok, They Shouldn’t Use It

“We are troubled by growing demands in the United States for restrictions on TikTok, a technology that many people have chosen to exchange information with others around the world,” notes the Electronic Frontier Foundation. “Before taking such a drastic step, the government must come forward with specific evidence showing, at the very least, a real problem and a narrowly tailored solution.”

“Narrowly tailored” would be deleting TikTok from sensitive government devices and otherwise leaving people alone to make their own choices. The RESTRICT Act isn’t narrowly tailored at all. In fact, it’s so broad it’s difficult to see where its authoritarian powers end. Open-ended bills crafted to exploit popular panics make for terrible legislation.

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