“Nobody Is Above The Law. Guaranteed. Full Stop.” – Meltdown At The Justice Department Exposes Obama’s Lies

Originally posted op-ed at The Wall Street Journal,

Fewer than three of 10 Americans trust government to do the right thing always or most of the time, Gallup reports, and the years since 2007 are “the longest period of low trust in government in more than 50 years.” The details emerging about the multiple investigations into Hillary Clinton explain a lot about this ebbing public confidence in institutions such as the Justice Department and Federal Bureau of Investigation.

***

Start with Attorney General Loretta Lynch. A cavalcade of former Justice heavyweights are now assailing FBI director James Comey for reopening the Clinton email file, and Justice sources are leaking that the director went rogue despite Ms. Lynch’s counsel not to alert Congress so close to an election.

But Mr. Comey works for the Attorney General. If she thinks Mr. Comey was breaking Justice rules by sending Friday’s letter to Congress, then she had every right to order him not do so. If Mr. Comey sent the letter anyway, and he didn’t resign, Ms. Lynch could then ask President Obama to fire him.

Our guess is that she didn’t order Mr. Comey not to send the letter precisely because she feared Mr. Comey would resign—and cause an even bigger political storm. But the worst approach is to let a subordinate do something you believe is wrong and then whisper afterwards that you told him not to. The phrase for that is political cowardice.

Ms. Lynch’s abdication began when she and her prosecutors declined to empanel a grand jury. It continued in June after her supposedly coincidental rendezvous with Bill Clinton on a Phoenix airport tarmac. She could have told Hillary Clinton’s husband that the appointment was inappropriate, or refused to let him board her plane. She says the conversation was “social,” but she allowed the ex-President to create the appearance of a conflict of interest.

“The fact that the meeting that I had is now casting a shadow over how people are going to view that work is something that I take seriously, and deeply and painfully,” Ms. Lynch conceded at an Aspen forum in July. The Clinton campaign compounded the problem by gossiping to the press that Mrs. Clinton would keep Ms. Lynch on as AG if she wins.

Ms. Lynch also abandoned her post when Mr. Comey staged his July media event dissecting the evidence in the Clinton email case and exonerating the Democratic nominee. The FBI’s job is to build a case, not make prosecutorial decisions. Yet Ms. Lynch later told Congress that rather than make up her own mind on the evidence she would merely “accept the recommendation of that team” at the FBI “and there was no basis not to accept it.”

***

Meanwhile, the Journal’s Devlin Barrett broke the news Sunday that senior Justice officials and FBI officials disagreed over how aggressively to pursue the Clinton Foundation for financial fraud and influence peddling.

FBI field agents—in New York, Los Angeles, Washington and Little Rock, Arkansas—wanted to pursue subpoenas and empanel a grand jury. Senior officials at Justice, likely political appointees, refused to give the FBI agents permission. But the agents continued to investigate under their current authorities, even after Justice denied their request to read the Clinton-related emails that the national-security team had uncovered.

In August a “very pissed off” Justice official dressed down Andrew McCabe, the bureau’s second-in-command who oversaw the Clinton email investigation, for looking at the Clinton Foundation in an election year. According to the Journal story, Mr. McCabe replied, “Are you telling me that I need to shut down a validly predicated investigation?” The official said no, but the message down the FBI chain of command was to “stand down.”

This follows Mr. Barrett’s previous scoop that Mr. McCabe’s wife received $675,000 in campaign donations from Clinton comrade Terry McAuliffe for a Virginia legislature race. The FBI says there was no actual conflict of interest because Mr. McCabe detached himself from his wife’s campaign, but the appearance of a conflict is egregious. Mr. McCabe should have been removed from the FBI probe.

Democrats and their media allies are now in attack-and-deflect mode, assailing the FBI agents on the Clinton cases as “conservative.” But considering that the Journal story is the first public confirmation in the heat of election season that the Clinton Foundation is under investigation, the agents were handling the matter professionally and discreetly despite Washington interference.

***

All of this reveals a Justice Department and FBI in turmoil, with some agents in semi-open revolt against their political leadership. This is terrible for those institutions, for confidence in government, and for Mrs. Clinton’s ability to govern if she does win next Tuesday’s election. These events mean she could enter the Oval Office under criminal investigation, with her right-hand aide Huma Abedin suspected of concealing evidence, and Congress investigating these compromised investigations.

The Clinton penchant for deception and secrecy bears much of the blame for this mess, but then so does the President who is currently responsible for the Justice Department.

Mr. Obama sent his own bad political message when he twice suggested in interviews, in October 2015 and April 2016, that Mrs. Clinton’s unsecured email setup did not endanger national security and that she had no ill intent. The norm is for the chief U.S. law-enforcement officer not to comment on ongoing investigations, and Mr. Obama’s prejudgment of the legal questions may have seeped down to the rank and file.

In Mr. Obama’s April 2016 absolution of Mrs. Clinton, the President said repeatedly that “I guarantee that there is no political influence in any investigation conducted by the Justice Department, or the FBI, not just in this case, but in any case.” He added that “Guaranteed. Full stop. Nobody gets treated differently when it comes to the Justice Department, because nobody is above the law.”

If Donald Trump wins next Tuesday, one major reason will be that the meltdown at Justice has shown how manifestly false Mr. Obama’s statements were.

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Something Is Fishy In The Oil Market (Video)

By EconMatters


It is pretty easy to game the official government oil numbers if you play in both the physical and paper based commodity markets, and this is the Fed`s concern as well. There is some funny business going on in the oil market. This has happened with Silver and Copper warehousing manipulation, and any market with a large physical storage component is susceptible to this kind of front running or gaming the system.

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Deutsche Bank Accuses ECB Of “Creating Asset Bubbles, Expropriating Savers And Backdoor Socialization”

While not quite as full of fire and brimstone as his June report in which Deutsche Bank’s chief economist, David Folkerts-Landau said that “The ECB must change“, and in which he accused Mario Draghi of putting not only the ECB’s future at risk, but the future of the entire Eurozone, with its destructive policies, overnight the German bank’s top economist released yet another subversive if quite accurate analysis which could have come from your typical, fringe (blog which has accused the central banks of all of this for many years), in which Folkerts-Landau once again exposes that “dark sides of QE”, listing “Backdoor socialisation, expropriated savers and asset bubbles.”

And, in an amusing twist, none other than Deutsche Bank’s twitter account subtweeted the ECB earlier this morning pointing out that “ECB intervention: negative repercussions are becoming overwhelming

While the 6-page paper does not contain anything particularly groundbreaking, the fact that DB continues to push the openly confrontational narrative, demanding the ECB unwind its extraordinary measures, suggests that the German bank continues to suffer, and most importantly, this outright bashing of Draghi’s policies received the explicit green light of John Cryan.

The summary of the note, as crystalized by Bloomberg, is the following: “While European central bankers commend themselves for the scale and originality of monetary policy since 2012, this self-praise appears increasingly unwarranted,” because, as he concludes, “ECB is stuck … between an unfavorable equilibrium of low growth, high unemployment and zero reform momentum on the one hand and growing risks to core country balance sheets on the other.

Here are the main points of the report. Stop us if you have heard these countless times in the past:

The dark sides of QE

 

Backdoor socialisation, expropriated savers and asset bubbles

 

While European central bankers commend themselves for the scale and originality of monetary policy since 2012, this self-praise appears increasingly unwarranted. The reality is that since Mr Draghi’s infamous “whatever it takes” speech in 2012, the eurozone has delivered barely any growth, the worst labour market performance among industrial countries, unsustainable debt levels, and inflation far below the central bank’s own target.

 

While the positive case for European Central Bank intervention is weak at best, it seems that the negative repercussions are becoming overwhelming. This paper outlines the five darker sides to current monetary policy.

 

The first is a paradox of ECB intervention: that monetary policy stifled the very reform momentum it sought to create. Up until July 2012, high interest rates and refinancing threats forced governments to be serious about reforms. Indeed, pre-2012, more than half the growth initiatives recommended by the OECD were being implemented across the eurozone. But last year just twenty per cent were. ECB intervention has curtailed the prospect of significant reforms in labour markets, legal systems, welfare systems, and tax systems across the continent.

 

Second, bond prices have lost their market-derived signalling function. Since investors began to anticipate sovereign purchases by the central bank in late 2014, intra-eurozone government bond spreads have been locked together. In turn, misrepresentative sovereign yields distort the whole fixed income universe that is priced off government debt.

 

Perhaps the darkest side of ECB monetary policy is the increasing concentration of risk on the eurosystem balance sheet expected to be EUR 2tn by March 2018. In the event of a debt restructuring of a eurozone member, the liabilities of the national central bank are likely to be borne by the taxpayers of the other eurozone member states, even if losses are spread over a long period. Fundamentally, however, the debt will have been socialised.

 

Fourth, ECB intervention has not been a net positive for eurozone savers. While high and stable revaluation gains have buttressed total returns over recent years, this is clearly a one-time gain. Today, rising energy prices, the shortage of high coupons and ultimately mean-reversion are likely to take their toll.

 

Finally, the misallocation of capital caused by ECB policy is preventing creative destruction and causing asset bubbles. Increased lending has gone mostly to low quality existing borrowers while obviating troubled banks from the need to write down loans. Without creative destruction in ailing industries, investors in high-saving countries have simply bid-up the price of healthy assets.

One of the most salient points, and one we have been pounding the table on ever since the start of QE, is what the economist callsed the “paradox of EVB intervention”, which can be simply summarized as monetary policy stifling the very reform momentum it sought to create. To be sure, this website has said ever since the start of the decade, that through their monetary intervention, central banks obviate the need for much harder, structural reform (which can cost politicians their careers) and fiscal policy. Folkerst-Landau is one of the most prominent strategists to agree with this:

Up until July 2012, high interest rates and refinancing threats forced governments to be serious about reforms. Indeed, pre-2012, more than half the growth initiatives recommended by the OECD were being implemented across the eurozone. But last year just twenty per cent were. ECB intervention has curtailed the prospect of significant reforms in labour markets, legal systems, welfare systems, and tax systems across the continent.

To undescroe his point he shows data which clearly demonstrates that t“deficit countries” – France, Estonia, Greece, Ireland, Italy, Portugal, Slovakia and Spain – made a much greater effort in 2011 and 2012 than they did last year. Indeed, the OECD itself says that in the early part of the European debt crisis “reform responsiveness” was greater in countries that were facing more difficult circumstances, though that correlation has broken down somewhat lately. The OECD also warns against over-interpreting year-over-year changes too much, as many types of improvements to economic frameworks take years to complete.

As Bloomberg adds, Folkerts-Landau draws a conclusion that the OECD does not, namely that the reason for this slowdown is the more favorable conditions that the deficit countries are enjoying on bond markets, in particular after the ECB announced its OMT bond-buying plan in 2012. That compressed bond yields as well as the urge to reform, he argues. “Any incentive to reform disappeared with the guarantee to bail out countries in need via OMT.”

Some other valid criticisms from the DB economist:

  • Bond prices have lost their signalling function: Another casualty of ECB policy is financial analysis. Since the last few months of 2014, when markets began to anticipate sovereign purchases by the central bank – subsequently announced in January 2015 – intra-eurozone government bond spreads have been more or less locked together. For example, Italian and Spanish bond spreads versus bunds have hovered in a 120 basis points range, notwithstanding the political risks in both countries. By contrast, Portuguese bond spreads have increased almost 120 to 310 basis points during the past 12 months, due to heightened concerns that the only remaining agency rating Portuguese debt as investment grade might change its assessment – which ultimately has not happened – thereby making them no longer eligible for quantitative easing.
  • Mounting strain on the eurosystem balance sheet: Potentially the biggest negative repercussion of ECB monetary policy is the fate of the substantial claims by the central bank on member countries held through the eurosystem balance sheet. Based on the potential losses a core country is theoretically on the hook for given the costs associated with the two main rescue funds (EFS and ESM), quantitative easing and Target2, it is inconceivable that any member country would be allowed to fail, save a small one with limited contagion effects…. Target2 imbalances are already elevated and will continue to rise. These imbalances, which are a proxy for the accumulated current account deficits or surpluses of eurozone member countries to each other, first became an issue during the periphery funding crisis in the first half of 2012. Then, capital flight from periphery countries to core economies increased imbalances substantially. These subsequently narrowed in 2013 and 2014 after President Draghi’s “whatever it takes” speech. However, they have subsequently moved back to levels experienced during the heights of the bank funding crisis in 2012. As researchers from the Dutch Central Bank suggest in a recent article, this is partly due to quantitative easing. Investors who sell assets under quantitative easing to their national central bank in vulnerable countries have tended to put the proceeds into bank deposits in countries with the highest perceived creditworthiness. The recent surge in Target2 imbalances is slightly different compared with 2012 in that it is supply-driven (quantitative easing) rather than demand-driven (capital flight). But the underlying logic is the same.
  • Difficult times for savers. The effect on savers’ ability to plan and execute long-term planning is another negative externality of the prolonged low and negative interest rate environment. For German households thus far, the ECB and Bundesbank are correct in pointing out that the impact on savers has so far been limited, but it is not clear for how long this can continue. Consider that nominal total returns for German households have averaged 3.4 per cent over the past four years, similar to the average throughout the 2000s and similar to the rest of the eurozone. In fact, real returns even trended upwards due to declining inflation since 2012. Even nominal returns on interest-bearing investments did not slip below two per cent until 2015 because a large proportion of longer-dated and mostly higher-coupon investments dampened the effect of evaporating market returns.  In this sense, the evidence suggests that savers have not yet suffered the full brunt of ECB monetary policy. However, many of these effects are unrepeatable and likely to be exhausted.
  • No creative destruction, many asset bubbles.  While ever-lower rates were meant to encourage real economic activity, investment opportunities remain scarce due to the lack of structural reforms and creative destruction in inefficient industries. OMT and the collapse in bond spreads benefited the worst-quality borrowers disproportionately. In their paper “Whatever it takes: The Real Effects of Unconventional Monetary Policy”2, Acharya et al. show that peripheral banks with large holdings of national sovereign debt enjoyed a “recapitalisation through the backdoor” from revaluation gains. These banks increased lending, but mostly to low quality existing borrowers. Such firms benefitted from rates often below what high-quality public borrowers had to pay, and used cheap funding to repay debts, instead of financing employment or investment. The authors show OMT supported “zombie companies” via evergreening, which prevented banks from the need to write down the existing loans. Without the creative destruction of ailing industries, investors have simply bid-up the price of healthy assets. These now function as the exhaust valve, especially in countries with substantial net savings. The flipside of tumbling yields across Europe is therefore inflated asset prices and a general hunt for yield.

The DB report wraps up the complaints into a familiar lament: the ECB has unleashed moral hazard on such an unprecedented scale that it will be simply impossible to unwind the trillions in stimulus.

The euro’s design – a combination of unified monetary policy and national fiscal policy where rules can be ignored without sanction – is flawed. But with Mr Draghi’s promise of “whatever it takes” the implied moral hazard was pushed into a much larger dimension.

 

There are two broad options now. The eurozone could move towards fiscal union and the sharing of liabilities. Alternately, policymakers could install a system more geared towards individual fiscal responsibility, via re-introducing market-based pricing of sovereign risks. The former is not being proposed by any national politician in the eurozone, because it is unpopular. The second could be the ideal solution, though it is difficult to imagine politicians seeking re-election in the periphery to back a move to raise risk premia on their own assets. Moreover it would likely also be rejected by the ECB, since it would – at least in the ECB’s own logic – undermine the effects of its monetary policy.

The conclusion is as scathing as anything we, or any other rational thinker could have put together:

And so the ECB is stuck, as it has been since 2012, between an unfavourable equilibrium of low growth, high unemployment and zero reform momentum on the one hand, and growing risks to core country balance sheets on the other. It remains to be seen how it will escape from this dilemma of its own making.

How will the ECB respond to this latest criticism? The same way Mario Draghi always has reacted to unkind words, by sarcastically casting it aside, and telling his fawning fans that all that is needed is a little more time, a little more QE and slightly lower rates and everything will be fixed. And if that fails, then “whatever it takes”… again.

Source

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Did an Anti-Cyberbullying Law Allow Montreal Police To Spy On a Journalist?

Using anti-bullying to bullyThe Montreal Police Department spied on a journalist’s phone for months, and they did it legally by obtaining 24 surveillance warrants which police used to track his location through the phone’s GPS, and also keep an eye on his incoming and outgoing text messages.

La Presse columnist Patrick Lagacé was quoted by The Guardian as saying, “I was living in the fiction that police officers wouldn’t dare do that, and in the fiction that judges were protecting journalists – and hence the public – against this type of police intrusion.” The Ottawa Citizen reports Lagacé also said, “I’m not an investigative journalist and they did this to me,” adding, “this is now free game and not taboo anymore.”

What was so important that both the police and justice of the peace felt the concept of a free press was standing in the way of public safety? An internal police investigation called Projet Escouade, which involved investigating allegedly corrupt officers accused of fabricating evidence in drug-related cases, and which has led to five officers’ arrests. The police’s spying on Lagacé’s phone revealed that one of these officers had been in contact with Lagacé.

Montreal Police Chief Philippe Pichet gave a press conference on Monday where he reportedly paid lip service to the importance of a free press but also defended his department’s actions because “We do have a responsibility to investigate all types of crimes involving officers,” adding, “”What is important for me is that all regulations were followed.”

Lagacé responded to Pichet’s press conference by telling the Ottawa Citizen, “Lives were not at stake, this was not a question of national security,” and asserted that his writing about the alleged corruption “made them look bad, that’s why they decided to go after me in the way they did.” Lagacé added, “There is a real witch-hunt going on at the Montreal police department. It has been going on for years, they have been trying to find out who dare speaks to reporters.”

Montreal’s Mayor Denis Coderre called the matter “troubling” and the city’s public safety commission will be examining the issue, but will do so behind closed doors and away from public scrutiny.

The Guardian notes:

The Canadian Journalists for Free Expression said it had sent a letter to the mayor of Montreal and the city’s police force demanding that the practice of spying on journalists be condemned. “It really fits an extremely troubling pattern around policing and security agencies in Canada,” said Tom Henheffer of the organisation.

Recently Québec police seized the computer of a reporter from the Journal de Montréal over concerns that he had illegally obtained information for a story. Their actions followed revelations that the Royal Canadian Mounted Police had followed two journalists for nine days without any kind of authorisation and came as the [Royal Canadian Mounted Police] RCMP is engaged in legal action aimed at forcing Vice Media to hand over background materials relating to a series of stories on a suspected terrorist.

The judge’s justification for approving the warrants remains a mystery until November 24, when the warrants are scheduled to be made available to the public. CBC News interviewed Christopher Parsons of the Canadian Telecom Transparency Project at Citizen Lab, who said that the spying might not have been made “legal” by anti-terrorism statutes, as some suspect, but an anti-cyberbullying law called Bill C-13 that permits police to “track an object, person, or transmission of data if the authorities have the suspicion or belief that doing so could assist an investigation.”

From CBC News:

Parsons said that Bill C-13 was “sold to the Canadian public as necessary to stop cyberbullying,” but applies to the general public.

“These orders that were used to conduct surveillance on the journalist and his respective sources, those are all powers that can be used in ongoing investigations, so most Canadian citizens will be subject to them,” he said.

What’s more, the target of such surveillance “won’t necessarily be notified that they were targeted by the surveillance unless charges are brought against them,” Parsons told CBC. “So the police could conduct surveillance and the target would never know.”

72 percent of Quebec residents think spying on journalists’ phones to try and track their sources is “unacceptable,” according to a poll cited in the Montreal Gazette.

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Extortion is now a cornerstone of the US Justice system

I’ve been traveling for the past ten days with a group of friends, one of whom is a highly accomplished entrepreneur.

I’ll call him Michael to keep things simple.

Several years ago Michael started an automated domain business that used special software to buy domains, find the most likely buyer, and then sell them.

As a simple example, Michael’s custom software would buy, say, XYZ.com.

Then it would scan online domain records to determine the most likely buyer of that domain… perhaps the owner of XYZ.net.

His software would then send that person an email offering them XYZ.com at a pre-determined price.

If the prospective buyer accepted, he or she could click on a link in the email and purchase XYZ.com.

The beauty of Michael’s business was that it was almost 100% automated; his software was able to do just about everything without the need for human involvement.

Michael’s business was a huge success, and his software sold countless domains over the years.

But he told me the most incredible story a few days ago.

Recently someone brought legal action against him, claiming to have been victimized by a phishing attack that originated from one of Michael’s domains.

(Phishing is a scam where hackers build an official-looking website to bait you into providing personal data like a Social Security Number or bank account password.)

It’s true, Michael did own the domain… for about 30 minutes… in 2009.

After that Michael sold the domain to someone else, after which it was resold again and again until, finally, in 2015, the then-owner of the domain used it to engage in phishing attacks.

So Michael was being blamed for a phishing attack that occurred six years after he sold a domain that he had only owned for about 30 minutes.

Any rational person would step back and say “OK, Michael couldn’t have possibly been the hacker. Maybe instead we should find out who owned the domain at the time of the actual attack.”

Michael contacted the claimant’s legal team, showed them his proof, and tried to reason with them. But the lawyers wouldn’t budge.

Attorneys know that they can bring a lawsuit against anybody for any reason, even when it is completely baseless and without grounds.

They also know that, for most people, the prospect of being sued is terrifying… not to mention incredibly expensive.

Even if they haven’t done anything wrong, most people will settle and make the problem go away rather than risk a prolonged and uncertain court battle.

The judicial process is so draining and time consuming that even if you win, you still lose.

Those lawyers took one look at Michael and saw a successful person who could afford to settle, so they went after him.

It’s basically blackmail… but it has sadly become a cornerstone of the phony justice system in the Land of the Free.

It’s also a reflection of modern social values. Success used to be admired. Now it’s viewed with suspicion and derision.

After all, in the words of the President of the United States, “you didn’t build that…”

Success also puts a target on your back– lawsuits, taxes, etc.

The more successful you become, the more the system tries to take it away from you. These are entirely the wrong incentives if you want a prosperous society.

By the way, this is not a risk that only affects the super wealthy.

Never forget that if you pay any tax at all, you’re already richer than 50% of your fellow countrymen.

Or if you have a net worth that’s above zero, you’re already wealthier than your government.

Sure, it’s possible that you may go your entire life without any legal trouble. And if so, congratulations.

But it’s dangerous to dismiss such an obvious risk, especially if you live in the most frivolously litigious country that’s ever existed in the history of the world.

If you ever do run into legal trouble, by then it will be too late to do something about it.

Any court in your country can put liens on your assets, garnish your wages, and even levy your bank account.

Why take the risk?

A good asset protection strategy is like putting ‘the club’ on your steering wheel.

There’s nothing that’s going to discourage a truly determined thief… but most of the time when they see how protected you are, they’ll just move on to an easier target.

For example, it’s possible to establish trusts and LLCs in certain jurisdictions (both foreign and domestic) whose laws make it very difficult for frivolous creditors to steal what you’ve worked so hard to build.

Ambulance-chasing attorneys know that it’s too costly and difficult to go after assets held in those types of structures, so, like a common thief, they’ll typically just move on to an easier target.

In addition to being a deterrent, a good asset protection strategy also reduces the impact in case that common thief actually does try to steal from you.

Holding some assets in a protected structure or location ensures that, even if a court seizes everything within its jurisdiction to satisfy a judgment against you, you’ll still have a rainy day fund set aside.

This is why people often buy a home in Florida, for example, which has laws ensuring that your primary dwelling cannot be seized.

There are countless attorneys who charge obscene amounts of money to structure a complex asset protection plan.

But most people don’t need to spend a dime.

In reality you can derive tremendous benefit from simple ideas that have minimal carrying costs– like keeping a rainy day fund in physical cash or gold, both of which can be held anonymously and privately.

It definitely makes sense to explore the options. After all, there’s very little downside in making it more difficult for frivolous claimants to steal from you.

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On Transgender Students, Do the Right Thing in the Right Way: New at Reason

Doing the right thing for transgender students should not involve yet more unchecked executive power.

A. Barton Hinkle writes:

A man stabs a woman to death in a crowded store. Dozens of people see him do it. For good measure, he then confesses on tape. Should he be tried for murder, or should society skip the trial and just lock him up?

Most people would agree he should be tried despite his overwhelmingly obvious guilt. A nation of laws ought to abide by them. Besides, skipping the trial in this case would set a dangerous precedent. People might want to skip the trial in the next murder—where guilt isn’t quite so clear-cut.

Here’s another scenario: A woman stabs herself to death in a crowded store. Dozens of people see her do it, but nobody tries to stop her. Someone then writes to a federal employee, asking if the failure to stop a suicide qualifies as murder. He says yes, even though the law is silent on the matter. Should the witnesses be charged with murder based merely on his say-so?

These are abstract hypotheticals, but they have a real-world parallel in the case of Gavin Grimm—a transgender student in Gloucester, Va. Last week the Supreme Court agreed to hear his case.

There’s a long backstory, but the upshot is that the Gloucester school system doesn’t want to let Grimm, who is anatomically female but who identifies as a male, use the boys’ restroom. Grimm has sued, claiming the policy violates federal law prohibiting sex discrimination in public schools.

View this article.

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Does the Pulling of Official Stock Market Support Signal the End of Hillary

The first paragraph below is from a post at Trader Scott’s blog dated September 12, 2016 – when the S&P 500 was about 1% off the all time high. The question was – did Hillary just ring the bell:

“There’s an old Wall Street adage which says “they don’t ring a bell at the top”. While I generally agree with the sentiment of that adage, I would modify it to read “technically speaking they ring a series of bells at the top”. However, the second version is quite cumbersome, not nearly as pithy. But when I first saw this video of Hillary fainting/collapsing, I thought – gosh, are they actually ringing a bell this time? Is this a bell for the top in the 15 month ongoing DISTRIBUTION process/topping formation of Janet Yellen’s favorite economic indicator – the S&P 500?….”

And then, in a post dated October 13, 2016 shown in the paragraph below, my sentiment regarding the stock market was:

“The stock market appears to be benefiting from some sort of “official ?” support, which can certainly continue for 4 more weeks, but it doesn’t change my view on anything. But postponing a very needed selloff in the stock market will likely make a future selloff more severe. So I do believe we are in a very large distribution/topping process. I have recently been chronicling the sectors which I am watching for shorting opportunities, for example……… And into next month we should see a significant selloff and then a good tradeable low. But it’s next month where the volatility really ramps up. Lastly, to repeat: range compression always leads to range expansion – ALWAYS.”

So we get to today, November 1st, and the election is still a week away, but the “officials” are now “allowing” even more indices to trade at new multi-month lows. For example today, the NYSE Composite and  the S&P 500, both traded at new multi-month lows, while the Russell 2000 continues even lower. So while understanding the stock market is short term oversold and ripe for some short covering, I find it very fishy that the “officials” are comfortable with continued weakening of support areas. And I am bearish, thus biased, but – is the “official” support being pulled from the stock market telling us THEY have also pulled support from Mrs. Clinton? And the most important questions – on September 11th, did Hillary signal the end of the bull market in stocks – and now, is the stock market signalling the end of Hillary Clinton?

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Don’t Look Now But The Most Systemically Dangerous Bank In The World Is Tumbling Again

Remember Deutsche Bank? It seems ‘hope’ for a deal – and a capital raise – are fading fast.

The last few days have seen the stock of the most systemically dangerous bank in the world tumble over 11% catching back down to the credit market’s reality…

Chart: Bloomberg

And 5Y CDS is surging back towards record highs.

“probably nothing”

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Libertarians Denounce Bill Weld

Even before William Weld told Rachel Maddow’s MSNBC audience last night that “I’m here vouching for Mrs. Clinton,” Fox Business Network host and Reason contributor Kennedy, who had raised some eyebrows a month ago when she grilled Weld about his campaign behavior and motivations, gave Libertarian presidential nominee Gary Johnson the what-for about his running mate:

“Please keep Bill Weld away from the Libertarian Party,” she pleaded with an awkwardly silent Johnson at the end of the interview (which you can view in full at this link). Libertarians of both the capital-L and small-l variety have treated Weld with suspicion ever since (and in fact a decade before) he converted to the party’s cause two weeks before this May’s nominating convention, at which the former Massachusetts squeaked by in a second ballot by the narrowest of margins on the bitterly divided convention floor. Five months of is he/is he not supporting Hillary Clinton later, many of those ideologically disposed to root for the Libertarian ticket have clearly had enough. Though it’s obviously anecdotal, I have never seen libertarian Twitter so nearly unanimous on a close-to-home political issue.

Libertarian Party Chair Nicholas Sarwark, doubtless less than pleased that his VP candidate was giving MSNBC testimonials to the competition and criticizing his own campaign one week before Election Day, sent out this subtweet last night:

Sarwark’s Twitter feed is filled with RTs of stuff like this:

Meanwhile, L.P. presidential runner-up Austin Petersen, the party’s presumptive (if premature) 2020 front-runner, and the only top-four finisher to endorse the Johnson/Weld ticket, tweeted out that the campaign is “a complete trainwreck.”

I said “nearly unanimous” above; there are some libertarians out there defending Weld today, including Josh Guckert at The Libertarian Republic and a handful of people on Twitter. And I would certainly add to the conversation the suggestion that a Weldless L.P. ticket may never have gotten anywhere near the amount of media interest and poll support without such an Acela corridor-approved wingman.

But I think this widespread in-house revulsion at Weld’s actions speaks to something positive, or at least flags an inflection point in Libertarian politics. Fact is, for at least four years now, the L.P. has been the third party in the United States. Even after his recent tumbling in the polls, Johnson is pulling more than double the support of the Green Party’s Jill Stein, just as he did in 2012. He is currently projected by FiveThirtyEight to receive 4.7 percent of the national vote, which would more than quadruple the L.P.’s previous record. And the party is beating the Greens like a gong on the state and local level.

Which is to say, there’s an argument to be made that Libertarian politics has grown much bigger than any fleeting cult of personality, a la Ross Perot and the Reform Party, and there’s a growing sentiment that maybe there’s enough homegrown talent, fully fluent in libertarianese, to preclude the need for credibility-grabs from the Basket of Normals. Eight years ago the L.P. was desperate enough for mainstream acceptance that it rode a former Republican congressman and the political-huckster author of such books as Millionaire Republican to a desultory fourth-place finish and 0.4 percent of the vote. Eight years later the party will get around 10 times that total, while rebelling against its own far more impressive veep nominee. It’s a mug’s game to predict the political future more than a few hours ahead these days, but I imagine that in 2020 the nominees for America’s leading third party will not need the word “former” to describe their politics.

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3 Cheers for Gary Johnson’s Supreme Court Short List

Libertarian presidential candidate Gary Johnson has said that if he’s elected president his nominees to the U.S. Supreme Court will be people that are committed to following the text of the U.S. Constitution. Yesterday Johnson doubled down on that promise, releasing a list of six candidates that he says he would consider naming to SCOTUS if he wins the White House. “The Supreme Court should be guided by a loyalty to the original and fundamental principles of limited government and liberty embodied in the Constitution and the Bill of Rights,” Johnson announced in a statement accompany the release of his list. “As president, when the opportunity arises, I will nominate justices who have proven records of demonstrating that loyalty to the Constitution.”

Libertarians have good reason to be impressed by Johnson’s list. Not only does it include Georgetown law professor Randy Barnett, a veteran combatant before the Supreme Court who also happens to be one of the most influential legal scholars at work today; the list also includes two of the most libertarian friendly judges now sitting on the federal bench. They are Judge Alex Kozinski of the U.S. Court of Appeals for the 9th Circuit and Judge Janice Rogers Brown of the U.S. Court of Appeals for the District of Columbia Circuit.

Judge Kozinski is known for his principled defenses of the First Amendment, the Second Amendment, limited federal powers, and the due process rights of criminal defendants. “I disagree with the liberals on the bench half of the time,” he told Reason in 2006, “and the conservatives the other half.”

Judge Brown, meanwhile, is revered in libertarian legal circles for her stirring votes in defense of the Fourth Amendment against pro-police “orthodoxy” and in defense of economic liberty against “burdensome regulation” and “a democratic process increasingly dominated by powerful groups with economic interests antithetical to competitors and consumers.” Judge Brown also has the honor—if you want to call it that—of having been denounced as a crazy libertarian by none other than Barack Obama. During Brown’s 2005 Senate confirmation to the D.C. Circuit, then-Sen. Obama delivered a lengthy speech on the Senate floor opposing her and all that he thought she stood for. “One of the things that is most troubling is Justice Brown’s approval of the Lochner era of the Supreme Court,” Obama said. Lochner, of course, refers to Lochner v. New York, the 1905 case in which the Supreme Court struck down a state regulation on the grounds that it did not serve a legitimate health or safety purpose and violated the constitutional rights secured by the 14th Amendment. There’s no reason to be troubled by that.

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