$2,000 gold is just the beginning. Here’s what might happen next–

Public Law 93-373 was supposed to be so boring that Congress didn’t even bother to give it a name.

You know how most laws passed by Congress have some fancy name– like the “Inflation Reduction Act” or the “USA PATRIOT Act” or some such nonsense?

Well, on November 7, 1973, US Senator James Fullbright introduced a very short bill– it was only ONE page– that didn’t even have a name. But Fullbright’s unnamed bill ended up being one of the most important pieces of legislation in US history.

By the time Fullbright introduced his bill, it had been two years since the legendary “Nixon Shock” of 1971. That was when US President Richard Nixon implemented wage and price controls, and canceled the US dollar’s convertibility into gold.

Nixon famously promised the American public that there wouldn’t be any negative consequences from his actions. Yet inflation hit 3% the following year, in 1972. Then 4.7% in 1973. Then 11.2% in 1974.

Simultaneously, gold prices around the world were surging… from $35/ounce before the Nixon Shock, to more than $170 in 1974.

But individual Americans weren’t allowed to benefit from those gains thanks to a forty year old executive order that had been signed in 1933 by then President Franklin Roosevelt.

Roosevelt’s Executive Order 6102 criminalized the private ownership of more than $100 worth of gold in the United States. Roosevelt also gave Americans just 25 days to turn over their gold to the Federal Reserve… or else face up to ten years in prison.

Naturally, plenty of Americans were outraged, and a number of lawsuits were filed claiming that Roosevelt’s order was unconstitutional.

Roosevelt was rightfully worried that the Supreme Court would overturn his order. And at a certain point he considered packing the court, i.e. appointing several sympathetic judges to the Supreme Court to ensure his victory. He also considered issuing another order which would make it illegal to sue the federal government.

Fortunately for Roosevelt, however, he didn’t have to implement any of those actions; the Supreme Court very narrowly ruled in his favor, and his Executive Order stood as law of the land for four decades… until Senator Fullbright’s no-name law was finally passed on August 14, 1974.

It went into effect the following year, and Americans were suddenly free once again to exchange their rapidly-depreciating US dollars for gold.

Unsurprisingly, gold prices started rising dramatically in the second half of the decade.. from about $180 in 1975, to a whopping $850 in January 1980.

And the declining dollar was just one reason for gold’s popularity; remember, the United States suffered a deluge of troubles during the 1970s and early 1980s.

The world found out that the US President was a criminal during the Watergate scandal of 1974. Then there was the humiliating US withdrawal from Vietnam in 1975, complete with a helicopter evacuation of the American embassy in Saigon.

Iran seized 52 US citizens in 1979 and held them hostage for more than a year. Inflation raged, peaking at 13.6%. The economy stagnated and fell into recession. Troubles in the Middle East (including conflict with Israel) led to energy shortages and rising fuel prices.

Civil unrest and ‘mostly peaceful’ protests were a constant problem in the 70s and 80s. Meanwhile, criminals rampaged across American cities, and the murder rate soared. Major cities like New York, LA, and Chicago became synonymous with violent crime.

The world stopped making sense. And gold became a safe haven from that chaos.

There’s an old saying (originally a Danish proverb) suggesting that if history doesn’t repeat, it certainly rhymes. And I think it’s obvious that we’re facing many of the same challenges today.

There are major problems in the Middle East. Energy is becoming scarce (especially in Europe). The US military suffered a humiliating withdrawal from Afghanistan. Civil unrest and crime rates are totally unacceptable. Inflation continues to rage. And the President, a.k.a. “the Big Guy” appears suspicious A.F.

Just like in the 1970s, gold represents a safe haven from this chaos. And even though it’s hovering at a near-record around $2,000, I think that there is still a long way for gold to rise.

The US national debt is now $33.7 trillion; that’s up more than HALF A TRILLION just in the month of October.

The people in charge have absolutely zero fiscal restraint. Zero responsibility. Zero sense of how destructive their actions are. They spend money and go deeper into debt as if there will never be any consequences, ever, until the end of time. They’re disgustingly ignorant, and dangerous.

The truth is that there are serious consequences to all of this debt. And we don’t have to guess what they are.

The Congressional Budget Office is already projecting that, by 2031, the US government will spend 100% of its tax revenue just on mandatory entitlements (like Social Security) and interest on the debt.

This means that, after 2031, the funding for literally everything else in government– from the US military to the light bill at the White House– will have to be funded by more debt.

That’s only 7 years away.

Then, two years later in 2033, Social Security’s primary trust fund will run out of money; this will cost the government an additional $1 trillion in additional spending each year to keep the program running. Naturally they’ll have to borrow that money too.

Eventually the national debt will become so large that simply paying interest each year will consume more than 100% of tax revenue.

The Federal Reserve will most likely attempt to bail out government by creating trillions upon trillions of dollars. But just as we saw over the past few years, such actions will most likely result in much higher inflation.

Disgusted with their financial circumstance, voters across America will likely turn to Socialist politicians who blame all the problems on the evils of capitalism, rather than their own incompetence. And with a majority of leftists running the country, they’ll only make things worse.

I also anticipate more conflict in the world, thanks in large part to the continued decline of America’s stature and reputation for strength.

It’s also quite likely that the US dollar could lose its royal status as the world’s dominant reserve currency by the end of the decade.

I don’t necessarily believe that the dollar will simply vanish from global trade. But it won’t be “King” dollar anymore. Perhaps more like “Earl” or “Viscount” dollar, alongside other currencies and exchange mechanisms– including gold.

In fact we could easily see central banks around the world ditching their US dollars and loading up on gold as part of a new, de-dollarized global financial system.

This could potentially trigger trillions of dollars worth of capital inflows into the gold market, causing a surge in gold prices.

And these are just some of the reasons why gold could still have a long, long way to rise from here.

Bear in mind that I’m not thinking about the gold price next month, or even next year. I think long-term, and my views on gold are based on trends that will likely continue to unfold over the next decade.

I’m not a ‘gold bug’. I don’t have a fanatical view about anything other than my own children. I’m not a gold speculator either.

But it’s obvious to me that in an upside down world where there are such obvious long-term threats to the US dollar, it makes sense to look for real stores of value.

And that’s why $2,000 gold could just be the beginning of a much bigger story.

Source

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Government Blocking of “Tornado Cash” Cryptocurrency-Related Service Was Legal, Didn’t Violate First Amendment

From Monday’s opinion by Judge T. Kent Wetherell, II (N.D. Fla.) in Coin Center v. Yellen (for a similar decision, see this August post about Van Loon v. Dep’t of Treasury):

Plaintiffs argue that [the government’s restriction on the use of] Tornado Cash [a mechanism for further anonymizing cryptocurrency transactions] violated the First Amendment because it chilled Plaintiffs’ protected rights of association by blocking a financial privacy tool they relied on to make donations to organizations and causes and it was not narrowly tailored to achieve its aims. Defendants responds that the First Amendment was not implicated by OFAC’s designation of Tornado Cash and, and even if it was, the designation satisfies the requisite level of scrutiny.

Plaintiffs do not cite any authority supporting the existence of a First Amendment right to use a particular service or type of currency to make donations for charitable or other purposes. The freedom of association cases cited by Plaintiffs are distinguishable because those cases involve government action that compelled private associations to disclose their major donors or members. See Americans for Prosperity Found. v. Bonta (2021); Gibson v. Florida Legislative Investigation Comm. (1963). Here, the designation of Tornado Cash did not compel private associations to disclose anything about their donors or members.

The Court did not overlook Plaintiffs’ reliance on Meyer v. Grant (1988), for the proposition that the government violates the First Amendment when it “restricts access to the most effective, fundamental, and perhaps economical avenue of political discourse.” However, that case does not help Plaintiffs here for two reasons.

First, Meyer is a free speech case that dealt with the chilling consequences that a ban on paying the circulators of initiative petitions would have on disseminating “political discourse.” Here, Plaintiffs have raised a freedom of association claim, not a free speech claim.

Second, the designation of Tornado Cash does not preclude Plaintiffs (or anyone else) from spending money or donating money for political ends, nor does it preclude organizations from accepting anonymous donations. The fact that Tornado Cash may be Plaintiffs’ preferred way of maintaining their financial privacy does not mean that it is the only way for them to do so. Indeed, it is noteworthy that one of the plaintiffs stated in his declaration that Tornado Cash is used “in his regular rotation of privacy tools,” which implies that there are other privacy tools that are available to Plaintiffs.

Accordingly, for the reasons stated above, the Court finds that the designation of Tornado Cash did not implicate Plaintiffs’ First Amendment rights. {Based on this conclusion, the Court need not consider what level of scrutiny applies to the designation of Tornado Cash or whether the designation would withstand that level of scrutiny.}

Here’s more on the legal backstory:

The International Emergency Economic Powers Act (IEEPA) authorizes the President to declare national emergencies “to deal with any unusual and extraordinary [foreign] threat … to the national security, foreign policy, or economy of the United States.” Pursuant to that authority, the President declared national emergencies with respect to malicious foreign cyber-enabled activities, and North Korea’s pursuit of its nuclear missile program.

After a national emergency is declared, the IEEPA authorizes the President to “regulate … or prohibit … any use [of], transfer [of], … dealing in, … or transactions involving, any property in which any foreign country or a national thereof has any interest.” Pursuant to that authority, the President blocked all property and interests in property of any person determined by the Secretary of the Treasury to have materially assisted, sponsored, or provided financial, material, or technological support for foreign malicious cyber-enabled activities that threaten the national security, foreign policy, or economic health or financial stability of the United States and the North Korean government.

The Secretary of the Treasury delegated the authority granted by Executive Orders 13694 and 13722 to the Director of the Office of Financial Assets Control (OFAC).

On November 8, 2022, OFAC designated “Tornado Cash” as a Specially Designated National or Blocked Person. The effect of the designation is that “unless licensed or otherwise authorized by [OFAC], (1) all real, personal, and any other property and interests in property of [Tornado Cash] … are blocked and may not be transferred, paid, exported, withdrawn or otherwise dealt in, and (2) any transaction or dealing … in property or interests in property of [Tornado Cash] is prohibited.”

The designation described Tornado Cash as

an entity with an organizational structure that consists of: (1) its founders—Alexey Pertsev, Roman Semenov, and Roman Storm—and other associated developers, who together launched the Tornado Cash mixing service, developed new Tornado Cash mixing service features, created the Tornado Cash Decentralized Autonomous Organization (DAO), and actively promote the platform’s popularity in an attempt to increase its user base; and (2) the Tornado Cash DAO, which is responsible for voting on and implementing those new features created by the developers.

The designation listed 91 Internet addresses that were affiliated with Tornado Cash, including the addresses for the “smart contracts” that Plaintiffs refer to as the “core software tool” of the Tornado Cash service….

Cryptocurrency is a virtual currency that can be used for payment or investment purposes…. Tornado Cash is a cryptocurrency “mixing service” that was founded by two Russians (Alexey Pertsev and Roman Semenov), Roman Storm, and other associated developers…. The Tornado Cash service uses smart contracts—which are essentially computer software created by its developers …. The smart contracts allow Ethereum users to deposit ETH [Ethereum coins] into a “pool” where it is mixed with other users’ deposits and then withdrawn at a time of the user’s choosing. The more users that have deposited ETH into the pool the more difficult it is to connect the withdrawal with a particular deposit, which thereby provides a degree of anonymity to the user’s transaction that is not available on the public ledger….

Tornado Cash transactions can be (and 84% are) executed with the aid of third-party “relayers.” The use of a relayer makes it even harder to identify the parties to the transaction, but transactions can be completed without a relayer….

The court also upheld the government’s actions against various other claims by Coin Center.

The government defendants are represented by Christine L. Coogle and Christopher Robert Healy of the Justice Department.

The post Government Blocking of "Tornado Cash" Cryptocurrency-Related Service Was Legal, Didn't Violate First Amendment appeared first on Reason.com.

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Safety First


Biden signing executive order | Chris Kleponis - CNP/CNP / Polaris/Newscom

Regulation comes for us all: On Monday, the White House released an executive order on artificial intelligence which “aims to prevent the technology from exacerbating bias, displacing workers and undermining national security,” per The Washington Post. But that wasn’t the only AI regulation rained down from on high.

Earlier this week, the Group of Seven (G7) released a nonbinding statement on AI: “We call on organizations developing advanced AI systems to commit to the application of the International Code of Conduct.”

And today, officials in the U.K. start their two-day summit on “AI safety” (which Vice President Kamala Harris is attending), at which they appear set to brand their efforts as focused on “responsible AI.” British Prime Minister Rishi Sunak recently warned that “humanity could lose control of AI completely” but added, after all this fearmongering, that “the U.K.’s answer is not to rush to regulate.” Wired called the summit a “doom-obsessed mess,” which isn’t far off, in my opinion.

“It doesn’t make any sense to put in the same phrase that, yes, you see a substantial risk from AI, and then you do nothing about it,” Dragos Tudorache, who is working to regulate AI in the European Parliament, told the Post of Sunak’s comments.

As for Biden’s executive order, “it’s hard to see how U.S. national defense can be enhanced by slowing down domestic AI innovation,” writes Reason‘s Ronald Bailey. “After all, U.S. regulations will not apply to foreign competitors who will be able to catch up and surpass U.S. artificial intelligence developers hampered by bureaucratic fetters.”

Prominent tech-world watchers have already started rightfully critiquing the Biden administration’s approach to AI:

There’s also, content aside, the mechanism by which it was done: It’s not clear how the Biden administration’s rules and regulations will be enforced, and executive orders are always vulnerable to simply being invalidated when a new president comes into office. R Street Institute’s Adam Thierer opines that the order “appears to be empowering agencies to gradually convert voluntary guidelines into a sort of back-door regulatory regime for AI, a process which would be made easier by the lack of congressional action on AI issues.” (More from Thierer here.)

Israel update: The Israel Defense Force’s (IDF) ground invasion in Gaza continues. The IDF claims it took out the ringleader of the October 7 attacks and that it has “eliminated dozens of terrorists, anti-tank launching squads, [and] anti-tank launching positions.” It has inched closer to Gaza City and seems set to separate the northern part of the territory from the south. The health ministry in Gaza—which is controlled by Hamas, and thus not very reliable—claims that 57 medical facilities have been “targeted” by airstrikes and that at least 15 hospitals and 32 primary care centers are no longer operating due to Israeli bombardment or having run out of fuel.

The health ministry also reports that IDF strikes which took out the October 7 organizer hit the densely populated neighborhood, Jabaliya, killing and wounding hundreds. An IDF spokesperson reports that dozens of Hamas operatives were killed in this strike. 

Israel stands accused of using white phosphorus on the northern front, in Lebanon, as well as in Gaza, which Amnesty International and other human rights groups say amounts to a war crime.


Scenes from New York:

Problematic Aladdin costume? Possibly.

Absolutely dope magic carpet skateboard? Definitely.


QUICK HITS

  • Yesterday, the Senate confirmed Jacob J. Lew as the U.S. ambassador to Israel, a post that had been vacant.
  • “The overflows are something like the back row of a school bus, where the rules are a little bit more negotiable out of sight from those who make them,” writes Intelligencer‘s Kevin T. Dugan on the Sam Bankman-Fried trial’s watchers outside the courtroom. “I overheard a crypto influencer who once interviewed SBF brag that she was able to vape under her jacket during the first week. Another overflow denizen, this guy Taco, was taking side bets on how many times the government would raise objections.”
  • ICYMI:

  • Unclear what Harvard’s new antisemitism advisory board will do, exactly.

  • From The Wall Street Journal: “Mini-millionaires are where wealth is growing fastest.” Excerpt from within: “There really are a lot of true millionaires. About 16 million American families—just over 12%—have wealth exceeding $1 million, up from 9.8 million families in 2019. Nearly eight million families are multimillionaires, i.e., their wealth exceeds $2 million, up from 4.7 million.” (For more on the “working rich” or “HENRYs” (high earners, not rich yet), check out my web feature from 2022.)
  • The tearing down of Hamas-hostage posters just won’t stop.
  • The evidence that people are getting radicalized, en masse, by the YouTube algorithm is quite weak, a new paper shows.
  • Will there be lingering effects of this “summer of strikes”? Odd Lots explores what we should take away from these past few months of heightened union activity in the U.S.
  • Do tips like these actually help anyone? Perhaps D.C. police could, oh I dunno, work to improve clearance rates, instead of spending time issuing absurd guidance like “don’t drive alone at night.”

  • Contracting Chinese factory activity.
  • Federal Reserve officials will start their two-day meeting today. Interest rates, which are at their highest point in 22 years, will most likely not be raised, but more signals could emerge from this meeting as to the economic outlook and future interest rate tweaks.

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The Southeastern Legal Foundation Is Hiring

The Southeastern Legal Foundation is hiring Litigation Attorneys:

Who you are: SLF is hiring Litigation Attorneys who are committed to putting their courtroom, legal strategy, and communication skills towards advancing our public interest mission. Are you an attorney who believes in our constitutional system and is willing to fight hard to protect it? Do you have experience with constitutional law, individual rights, property rights law, separation of powers issues, and a love of American values? Do you want to make a more direct impact in holding government and other state actors accountable for crossing constitutional lines? Do you love to litigate, but are eager to be passionate about your cause? Do you believe that principles and action both matter when it comes to the law? Are you interested in working with a committed group of like-minded attorneys who put excellence and principles before everything else? If so, we want to speak with you!

What our Litigation Attorneys will do:

  • Report to the Director of Litigation, work with our litigation team and General Counsel to execute with excellence the organization’s strategies
  • Serve as lead counsel for SLF and as co-counsel with partner organizations in select cases under the guidance of the Director of Litigation and organizational leadership
  • Identify and represent pro-bono clients in court and through other legal processes
  • Identify creative legal strategies to help advance SLF’s litigation priorities
  • Represent the organization publicly in various fora, including with allied organizations and the public
  • Support the work of other attorneys on the litigation team as needed
  • Support branding, communications, and marketing of the organization
  • Support key functions and organizational growth (development, communications, outreach, litigation)
  • Coordinate operations and strategies with like-minded organizations
  • Jump in, as the rest of the team does, when something needs doing!

What we’re looking for:

  • 2+ years of litigation experience preferred (Senior Attorneys 7+ years encouraged to apply also)
  • Demonstrated interest in the public interest approach to legal practice
  • Knowledge of the law in the areas of SLF’s focus, with relevant policy knowledge being a plus
  • Willingness to take on issue areas or unpopular causes
  • Dedication to serving clients with the highest ethical standards
  • Commitment to the SLF mission
  • Ability to work difficult collaboratively but also manage responsibilities independently
  • Demonstrated ability to draft detailed memoranda on complicated issue of unsettled law
  • Experience in complex discovery
  • Strong verbal and interpersonal skills, media experience preferred
  • Admitted to one or more state bars
  • A sense of humor
  • Ability to travel occasionally
  • An affinity with SLF’s mission and for public interest litigation

You can apply here.

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No Pseudonymity in Disability Discrimination / Forced Labor Claim by Terrorism Expert Against Middlebury College

From D.C. Superior Court Judge Todd Edelman’s decision two weeks ago in Doe v. President & Fellows of Middlebury College:

Plaintiff brought this lawsuit against numerous defendants [including American University, George Washington University, and Middlebury College -EV] alleging inter alia employment discrimination, harassment, forced labor, trafficking in labor or commercial sex acts, and bias-related crime. Plaintiff contends that she has been working in the “accelerationism” subfield of terrorism studies since 2015, and that from 2018 to 2021 she “was driving a series of ground-breaking advancements” in the field when the Defendants coerced her to provide her labor and services to them against her will.

According to Plaintiff, the “intellectual core” of Middlebury College’s Accelerationism Research Consortium (“ARC”) is “derived exclusively from the [P]laintiff’s labor,” yet she was excluded from the venture because of her disabilities. Plaintiff asserts that Defendants carried out a campaign of harassment and emotional abuse that denied her credibility, equal treatment, benefits, and opportunities. She further states that Defendants’ actions have driven her out of her field of study such that she “will never be able to return to the workplace or higher education because of injuries resulting from the [D]efendants’ actions.” [UPDATE: Here’s the original pro se Complaint, for those curious about the factual allegations. -EV]

Plaintiff alleges Counts I-IV pursuant to the District of Columbia Human Rights Act. She alleges that (i) Defendants “maintain[ed] a discriminatory employment scheme, plan, or pattern that systematically and intentionally result[ed] in the disparate treatment of the [P]laintiff … because of or arising from her protected medical condition”; (ii) Defendants engaged in “unlawful harassment or fostered a hostile work environment for the [P]laintiff on the basis of disability discrimination”; (iii) Defendants retaliated against her for protected activity that included “[P]laintiff’s public or private opposition to the [D]efendants’ patterns or practices of discrimination and harassment on the basis of disability,” and later filing of a claim with the Equal Employment Opportunity Commission (“EEOC”); and (iv) Defendants aided and abetted acts of discrimination, harassment, or retaliation by furthering and seeking to make the discrimination and harassment of other Defendants succeed.

Plaintiff brings Counts V-VIII pursuant to the Prohibition Against Human Trafficking Amendment Act. These counts allege that (v) Defendants “knowingly used prohibited means to cause the [P]laintiff to provide labor or services” by “manipulat[ing] her pre-existing belief that her failure to work would result in serious physical harm to members of the public”; (vi) Defendants “enter[ed] into an agreement, explicitly or tacitly, intended to deprive the [P]laintiff of her skilled labor and contractual autonomy,” and some Defendants used means of coercion to secure Plaintiff’s labor while others “recruited, enticed, provided, obtained, or maintained the [P]laintiff’s provision of labor or services knowing that it was caused by means of coercion”; (vii) Defendants “knowingly benefitted financially from the trafficking offenses” because the Defendants all had at least constructive knowledge of, and participated in, a venture that allowed some Defendants to use Plaintiff’s work as the labor basis for the ARC; and (viii) Defendants engaged in labor exploitation based on Plaintiff’s actual or perceived disabilities evidenced by the alleged statements from some Defendants that Plaintiff’s disabilities were their motivation for the acts described in the Amended Complaint and via the doctrine of respondeat superior for other Defendants….

Along with her Complaint, Plaintiff filed her Anonymity Motion asking to “proceed under a pseudonym due to the highly sensitive and private nature of facts involved in this case” and to “safeguard [Plaintiff’s] privacy as well as her physical and emotional wellbeing.” …

Long-standing precedent recognizes “the public’s legitimate interest in knowing all of the facts involved [in a case], including the identities of the parties.” As such, “parties to a lawsuit must typically openly identify themselves in their pleadings.” … “A plaintiff’s desire ‘merely to avoid the annoyance and criticism that may attend any litigation’ is not sufficient to justify pseudonymous proceedings.” …

Plaintiff states that she “seeks to proceed pseudonymously to avoid unnecessary publicity concerning her disability.” She further states that this matter surrounds “highly sensitive and personal information” the disclosure of which, alongside her name, could have adverse effects on her ability to pursue educational and employment opportunities outside of her chosen profession and area of expertise. Lastly, she suggests that any disclosures could negatively impact her work as a volunteer firefighter and EMT due to a loss of trust from her patients and their families….

The Court takes Plaintiff’s concerns about the public disclosure of her disabilities seriously. However, it is common practice for disability discrimination cases to proceed using the parties’ real names in the public record. [Citations omitted. -EV]Additionally, while Plaintiff’s disabilities, as described in the Amended Complaint create legitimate privacy concerns, there is no need for her to provide detailed descriptions of her disabilities in future filings (just as the undersigned has not done so in this Order). Plaintiff may also utilize the Superior Court Rules and procedures that allow parties to seal documents entirely or in part (including previously-filed documents) and to seek protective orders as means to safeguard any information she presents about her disabilities. Accordingly, while the nature of Plaintiff’s claimed disabilities generate legitimate privacy concerns, they do not create a compelling need for her to proceed pseudonymously in this litigation.

Plaintiff’s concerns regarding potential adverse effects that the disclosure of her name could have on her future educational and employment prospects and her current work as a volunteer firefighter and EMT are purely speculative. Plaintiff has not given the Court any concrete reason beyond her own hypothetical statements to believe that the use of her real name would hinder her from pursuing a different career path or impact her ability to serve her community. Plaintiff has presented “hypothesized harms … in entirely conclusory form” that amount to speculation “devoid of factual corroboration or elucidation.” As explained supra, there are measures—such as requesting sealing and protective orders—that Plaintiff may take to withhold specific, sensitive information from the public record in this matter should she need to do so….

Plaintiff contends that “there is a tangible risk of both serious physical and mental harm” should she be identified as a party in this lawsuit. She states that the Defendants’ defamation of her (if continued) could inflame viewers on large media platforms to target her and threaten her physical safety, and that the use of her true name in this matter “would exacerbate the mental harm that [she] has already experienced.” Specifically, Plaintiff states that “[i]t would cause her additional stress and anxiety for Defendants to be allowed to use her identity against her in the public domain considering their past adverse actions.” The University Defendants respond that Plaintiff’s speculation regarding the potential of harm is illogical because the named Defendants already know her true identity, and that she has only made conclusory statements regarding the potential for harm without any supporting evidence.

Plaintiff’s assertions of potential physical and mental harm do not generate “a concrete need for [] secrecy.” Plaintiff’s reference to private defamation using offensive stereotypes that could lead to “[c]omparable remarks on large media platforms” is entirely hypothetical at this point. Plaintiff has provided no reason for the Court to believe that any alleged defamation would or could be repeated on large media platforms or that there is any likelihood of such remarks inflaming the passions of viewers to target Plaintiff. Plaintiff has not shown that her claims go beyond pure speculation of potential realities, and in this context, “[s]peculative assertions of harm will not suffice.” While Plaintiff asserts that in filing her Complaint, “she anticipated University Defendants would [] escalate the strategy and tactics that almost killed her by an order of magnitude” which poses “a tangible risk of serious physical or mental harm to the [P]laintiff,” she does not provide any specific ways in which this was done….

{The Court notes that while Plaintiff acknowledges that the Defendants all know her identity, Anonymity Mot. at 2, she has not alleged or even suggested that Defendants have engaged in any such conduct since the inception of this litigation. Nor has she explained how, under these circumstances, proceeding anonymously in this litigation would prevent them from engaging in such conduct should they choose to do so. Further, as stated by Defendants, “Plaintiff has already widely disseminated her disputes with the [D]efendants to ‘thousands’ under her true name,” yet she has not identified any retaliatory physical or mental harm that she has suffered as a result.} …

In “consider[ing] the factors relevant to the case before it,” the Court must also take into account (i) the fact that Plaintiff has already publicly aired her grievances against the Defendants; and (ii) that she specifies, including in public filings in this matter, that she is “the foremost expert on militant accelerationism,” a designation that likely makes it possible for someone with access to the public filings to discern Plaintiff’s identity. Plaintiff’s public disclosure of grievances she now wishes to disassociate her name from, along with her repeated references to her highly specialized work, weigh against anonymity because both make her readily identifiable to a party insistent on identifying her. Similarly, the public interest in the openness of judicial proceedings, as described supra, militates strongly against Plaintiff’s request for anonymity….

Seems correct to me (see generally The Law of Pseudonymous Litigation); Plaintiff has filed a motion to reconsider, but I doubt that it will be granted.

The post No Pseudonymity in Disability Discrimination / Forced Labor Claim by Terrorism Expert Against Middlebury College appeared first on Reason.com.

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US Job Openings Unexpectedly Rose For A Second Month To 9.6 Million, Beating Estimates

US Job Openings Unexpectedly Rose For A Second Month To 9.6 Million, Beating Estimates

After today’s below-estimate ADP report, and the disappointing Manufacturing ISM index where the employment number tumbled into contraction from 51.2 to 46.8 – the second lowest since the covid crash – all eyes were on the September JOLTS report for additional insight into Friday’s jobs report. However, those expecting a big outlier print were to be disappointed after the BLS reported that in September, the number of job openings rose modestly by 56K, from a 9.497MM August print (which of course was revised lower from the original 9.610MM number, which as a reminder was driven by a staggering – and goalseeked0 – 35% increase in professional and business services job openings) to 9.553MM…

… above consensus estimates of a 9.4MM print.

According to the BLS, job openings increased in accommodation and food services (+141,000) and in arts, entertainment, and recreation (+39,000); job openings decreased in other services (-124,000), federal government (-43,000), and information (-41,000).

The 2nd consecutive increase in the number of job openings meant that in September the number of job openings was 3.193 million more than the number of unemployed workers, the highest since June and reversing the last three months of normalization in the labor market.

Curiously, despite the recent surge in job openings, the concurrent increase in unemployed workers (which in September rose to 6.36 million), meant that the number of job openings for every unemployed worker was virtually unchanged for the 3rd month at 1.50.

And while the paradoxical continued increase in job openings at a time when even the ISM institute is saying that the latest Manufacturing print implied a -0.7% Q4 GDP, remained a head-scratcher one certainly could not see a similar euphoria in the other data points tracked by the JOLTS reported, starting with the number of quits, which dropped in September to 3.661 million, down from 3.663 million, and far below the quitting frenzy observed in late 2021/early 2022 when 4.5 million workers quit their jobs every month.

Furthermore, while the DOL goalseeked job openings higher, it forgot to do the same to not only quits but also hires; in fact, hires rose a tiny 21K to 5.5871 million, also just barely above the lowest level since March 2021.

And while we have previously discussed the chronic fabrication of job openings data by the BLS, which goes against all private surveys, we are confident that when the Biden admin finally falls and some enterprising forensic accountant digs to find out just where all these bullshit numbers came from, what they will find is some political hack at the BLS/DOL claiming that it’s not their fault, but rather that it’s the response rate. And indeed, as the BLS itself indicates, the response rate to most of its various labor (and other) surveys has collapsed in recent years, nothing is as bad as the JOLTS report where the actual response rate has tumbled to a record low 31%

In other words, more than two thirds, or 70% of the final number of job openings, is estimated!

And at a time when it is critical for Biden to still maintain the illusion that at least the labor market remains strong when everything else in Biden’s economy is crashing and burning (or soaring as is the case of inflation) we’ll let readers decide if the admin’s Labor Department is plugging the estimate gap with numbers that are stronger or weaker.

As for the market, it appears to also have given up on any signaling information from JOLTS because unlike last month when yields spiked on the JOLTS report, today’s increase in job openings had exactly zero impact on rates, which dropped to session lows, focusing far more on the ugly ISM employment number and the ADP miss, while completely ignoring the JOLTS data.

 

Tyler Durden
Wed, 11/01/2023 – 10:29

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Bankman-Fried Admits To Wining And Dining With Bill Clinton, Tony Blair, In Last Day Of Testimony

Bankman-Fried Admits To Wining And Dining With Bill Clinton, Tony Blair, In Last Day Of Testimony

The end to Sam Bankman-Fried’s time on the witness stand at his own trial was, to say the least, unceremonious.

On the last day of his cross-examination, Tuesday, SBF testified that he was aware in 2020 that FTX’s customer funds were stored in a bank account managed by its affiliate, hedge fund Alameda Research, according to CNN. He also stated he doesn’t remember instructing Alameda staff to secure those funds.

US Assistant Attorney Danielle Sassoon also pointed out SBF’s hobnobbing with the political elite and members of the Bahamian government, CNN noted. 

In his testimony, Bankman-Fried said he dined with the prime minister of the island, as well as former U.S. President Bill Clinton and former UK Prime Minister Tony Blair.

After FTX temporarily halted customer withdrawals during a liquidity crisis last November, he testified that he briefly reinstated withdrawals for Bahamian customers. SBF also stated that he doesn’t remember instructing Alameda staff to avoid using FTX customer deposits.

Then, despite later finding out in fall 2022 that Alameda owed FTX $8 billion, no one was terminated as a result, he testified. 

Finally, on Tuesday, Mark Cohen, Bankman-Fried’s lawyer, allowed him to elaborate on the FTX-Alameda relationship. SBF stated that after stepping down as Alameda’s CEO, he reduced his involvement but remained engaged in its financial updates, venture investments, and crucial hedging decisions, which he viewed as vital for the firm’s survival.

“I was essentially uninvolved with those core operations,” he claimed. 

Judge Lewis Kaplan said at about lunchtime Tuesday: “That concludes the presentation of evidence in this case.”

Closing arguments are slated for Wednesday.

 

Tyler Durden
Wed, 11/01/2023 – 10:15

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Manufacturing Surveys Scream Stagflation: Inflation Accelerated, Demand Muted, Jobs Cut For First Time Since COVID

Manufacturing Surveys Scream Stagflation: Inflation Accelerated, Demand Muted, Jobs Cut For First Time Since COVID

After the unexpected rise in September, expectations were for October’s Manufacturing surveys to hold their gains around 49-50 level – despite the recent collapse in ‘hard’ macro data.

Sure enough, S&P Global’s US Manufacturing PMI printed 50.0 final for October (in line with the flash print and expectations and up slightly from September’s 49.8). But, ISM’s Manufacturing survey printed well below expectations (46.7 vs 49.0 exp vs 49.0 exp)…

Source: Bloomberg

The PMI survey highlighted that demand conditions were historically muted overall, with firms downwardly adjusting their output expectations for the year ahead and cutting employment for the first time since July 2020.

ISM warns that “the October reading (46.7 percent) corresponds to a change of minus -0.7 percent in real gross domestic product (GDP) on an annualized basis.”

New orders and employment fell (second weakest since COVID lockdowns) as prices rose…

Siân Jones, Principal Economist at S&P Global Market Intelligence, said:

October PMI data signalled a stabilisation of US manufacturing conditions amid a renewed rise in new order inflows and firmer output growth. Demand conditions reportedly showed signs of improvement as customer interest revived, but this was once again largely focused on the domestic market as new export orders fell at a quicker rate.

However, it was not all good news at all – backlogs down, jobs down, output expectations down, inflation up:

“Of concern were reports of dwindling backlogs of work, previously used to help support production, as firms also revised down their expectations for future output to the lowest in 2023 so far.”

“At the same time, manufacturers cut employment for the first time in over three years as workloads were reportedly insufficient to warrant additional hiring or the replacement of voluntary leavers. “

On the price front, manufacturers saw sharper increases in costs and output charges, as inflation regained some momentum in the sector. Higher oil and oil-derived input prices again spurred hikes, as rates of inflation accelerated for the third month running.

Finally, we note that, with a 6-month lag or so, US Manufacturing surveys have been following the path of financial conditions. Six months after financial conditions began to ease late last year, US Manufacturing surveys started to pick up…

Source: Bloomberg

…but as the chart shows, the recent aggressive tightening of financial conditions suggest the sentiment surveys are about to run out of their upside steam.

Will that slower growth be accompanied by slowing inflation? For now, inflation expectations are on the rise once again…

Tyler Durden
Wed, 11/01/2023 – 10:05

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Hundreds Of Foreigners, Including Americans, Allowed To Exit Gaza Into Egypt For 1st Time

Hundreds Of Foreigners, Including Americans, Allowed To Exit Gaza Into Egypt For 1st Time

The Israel Defense Forces has said it is in close quarters combat with Hamas as troops push further into Gaza, resulting in an announced Tuesday death toll of eleven. By early Wednesday that figure rose to 13 Israeli soldiers killed, after Israel’s defense minister warned of the “heavy toll” which would be paid by troops in the operation to eradicate Hamas.

As the death toll among Gazans approaches 9,000, the EU’s top diplomat Josep Borrell has lashed out at Israel’s airstrikes and massive civilian casualties. Borrel says he is “appalled by the high number of casualties following the bombing by Israel of the Jabalia refugee camp.” Jabalia camp has reportedly been struck again, a day after the initial massive attack which had killed at least 52 Palestinians, according to the Gaza Health Ministry.

IDF tanks inside Gaza, IDF handout/Reuters

But Israel’s military said that its Jabalia strike had taken out a top Hamas commander and other Hamas officers, and said Israeli decision-makers took into account the harm to civilians in the densely populated urban area.

On Wednesday Prime Minister Benjamin Netanyahu expressed condolences for the IDF’s fallen soldiers along side other leaders. He said “We are in a tough war. This will be a long war. We have important achievements, but also painful losses.”

According to more from his message: “We know that every one of our soldiers is an entire world. All of Israel embraces you, the families, from the bottom of our hearts. All of us are with you during this time of mourning. Our soldiers fell in a war where there was no justice, a war for our home,” he said. “I promise you, the citizens of Israel: we will complete the task – we will continue until victory.”

IDF troops have begun the slow process of going door to door as they search for the missing Israeli and foreign hostages, which is up to 240, according to new military statements. Hamas has issued new statements claiming Israeli airstrikes killed a group of hostages. “Seven detainees were killed in the Jabalia massacre yesterday, including three holders of foreign passports,” said a Hamas statement issued from its military wing.

But the “painful losses” are mounting in much greater numbers for the Palestinian side, and civilians are bearing the brunt of suffering. International outrage and pressure has mounted on Tel Aviv, which has voiced that has warned Gaza civilians they must move to the southern half of the Strip if they want to escape the bombs. According to a fresh Gaza health ministry update as republished in Al Jazeera:

  • The number of people killed in Israeli attacks on Gaza has gone up to 8,796, including 3,648 children and 2,290 women.
  • At least 22,219 people have been wounded.
  • There are 2,030 reports of people missing including 1,020 children buried under the rubble.
  • 130 paramedics and medical crew have been killed, 28 ambulances have been destroyed, and there have been more than 270 attacks on the healthcare system in Gaza.
  • 16 hospitals out of 35 are out of operation, and 51 out of 72 primary healthcare clinics have shut down.
  • In the occupied West Bank, 128 Palestinians have been killed and at least 1,980 have been wounded.

There has meanwhile been a rare positive development on the humanitarian front. For the first time since the start of the war, foreigners and wounded Palestinians have been allowed to exit Gaza through the Rafah crossing into Egypt. 

Some 500 foreign passport holders had reportedly been stuck at Rafah crossing for weeks since the start of the conflict after Oct.7. The area near the crossing had also been bombed by Israeli jets on several occasions. Ambulances have been observed Wednesday ferrying the wounded into Egypt. 

Hundreds are foreign passport holders are also belatedly being let through, among them Americans. “At least five NGO workers who have been confirmed as Americans are listed as approved to cross on Wednesday but it remains to be seen how many of at least 400 American citizens the U.S. State Department says are stuck in Gaza will be able to cross in coming days,” CBS News reports. Some have lashed out at Washington over the lack of serious evacuation efforts in place for those dual nationals stuck in Gaza: 

“They started letting foreigners out today but it’s not Americans because I guess we’re not as important as we thought,” Utah resident Susan Beseiso told CBS News on Wednesday.  

“The American Embassy and the State Department haven’t called us since the last time we went to the border and got bombed four times. They haven’t been communicating with us or doing anything to get us out,” Beseiso said.

“It’s like they’re holding us hostages — not Hamas holding us hostages — it’s the IDF soldiers, Egypt and America. They’re using us as a human shield in a way.”

The fresh evacuees are undergoing security checks on the Egyptian side. Among those exiting include Palestinians holding Austrian, Bulgarian, Indonesian, Japanese Jordanian, Italian, Greek, Australian and Czech citizenships, and many others. Various nationals working for several NGOs are also on the departure list.

According to The Times of Israel, “A source briefed on the development told Reuters that the evacuations were agreed on in a deal mediated by Qatar between Egypt, Israel and Hamas in coordination with the US.”

    Tyler Durden
    Wed, 11/01/2023 – 09:45

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    Aston Martin Shares Crash Following Downward Revision Of Annual Delivery Forecast

    Aston Martin Shares Crash Following Downward Revision Of Annual Delivery Forecast

    Shares of troubled luxury sports carmaker Aston Martin plunged as much as 20% in London, following the company’s downward revision of its yearly vehicle delivery forecast and supply chain snarls impacting the DB12 model for the third quarter.

    According to Bloomberg, Aston expects 6,700 deliveries this year, down from the previous forecast of 7,000. There was a noticeable slide in wholesales to China, down 57% in the first nine months of the year, while wholesales increased in the Americas and Europe. 

    “The DB12 production ramp-up was temporarily affected as supplier readiness and integration of the new EE platform that supports the fully redeveloped infotainment system was delayed,” Aston said in its earnings report on Wednesday. It added these supply chain woes are now fixed but have impacted third-quarter volumes and full-year production capacity. 

    Aston is in the midst of a turnaround effort led by Executive Chairman Lawrence Stroll and has completed numerous capital raises with Saudi Arabia’s Public Investment Fund and Geely Automobile Holdings Ltd. However, the sports carmaker still sits on a massive debt pile in a period where interest rates are sky-high. 

    “It is still sitting on a big pile of debt and continues the painful effort of deleveraging a strained balance sheet. Undoubtedly, progress has been made in fixing some of the problems faced by the business but it all feels a bit too little too late,” Russ Mould, investment director at British stockbroker AJ Bell, told CNBC. 

    Bell said, “The company is seeing strong demand but, with losses coming in ahead of expectations, there is little reason for the market to give Aston Martin the benefit of the doubt for even the smallest misstep.” 

    Here’s what other Wall Street analysts are saying about Aston’s earnings (list courtesy of Bloomberg): 

    Jefferies (buy, PT 420p)

    • Analysts Philippe Houchois and Owen Paterson say 3Q numbers came in slightly below consensus on volume and revenue

    • Note FY volume guidance revised down 300 units on DB12 ramp delays

    Barclays (overweight, PT 300p)

    • Analysts led by Henning Cosman say DB12 demand and ramp-up issues “don’t bode well” 

    • Lower their PT to 300p from 400p reflecting near-term negative earnings revisions and lower target multiples

    • Still, say continue to see an “increasingly plausible trajectory” to a sustainable and attractive business model

    Oddo (outperform, PT 460p)

    • Analyst Anthony Dick says the results are rather weak as expected ahead of new generation sports car ramp-up

    • Notes 4Q still expected to make up for the bulk of the FY results

    •  Says finds order book for new DB12 car “rather underwhelming” especially after management’s optimism during 2Q results 

    Aston Martin’s shares have been consistently heading in one direction: downward.

    Throughout its 110-year existence, Aston has faced bankruptcy seven times. The first time was in 1924, while the last was in 2007. 

    Aston will never be a Ferrari or Lamborghini… 

    Tyler Durden
    Wed, 11/01/2023 – 09:30

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