Liberty Links 5/24/16

23 links today. Enjoy.

Facebook Democratized the News, but New Changes Do the Opposite (Important read, New York Times)

Shaken Austrian Government Pledges Action on Asylum After Far-Right Surge (Reuters)

The Senate Killed JASTA, Then Passed It… (The “sue Saudis for terrorism” legislation was totally watered down, Just Security)

When It Comes to Losing Ugly, Bernie Has Nothing on Hillary (The New Republic)

Sanders: Voters Would See Choice Of ‘Lesser Of Two Evils’ In Trump-Clinton Election (Talking Points Memo)

Fact-Checking NPR’s Reports On Vegas ‘Violence’ at Democratic Convention (Hint: There was no violence, NPR)

Romney Should Endorse Clinton (Yes he should, so we can forever dispense with the charade, The Hill)

Obamacare Rates Rise in New York, and So Does Political Risk (Coverage does not equal affordability, Bloomberg)

Stepson of Malaysia’s Najib Razak Bought $34 Million London House With 1MDB Funds (Of course he did, Wall Street Journal)

President Obama: (Still) The Greatest Gun Salesman in America (Well done infographic, Ammo.com)

See More Links »

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Warning Signs Everywhere

Submitted by Lance Roberts via RealInvestmentAdvice.com,

Over the last several weeks, I have discussed the markets entrance into the “Seasonally Weak” period of the year and the breakout of the market above the downtrend line that began last year.

The rally from the February lows, driven by a tremendous amount of short covering, once again ignited “bullish optimism.” 

“Canaccord Genuity’s Tony Dwyer estimates the equity benchmark will end 2017 at 2,340, an increase of 15 percent from Wednesday’s closing level of 2,047.63, with half of the gains coming this year.”

But it is not just Tony that is buying into the “optimistic” story, but investors also as the number of stocks on “bullish buy signals” has exploded since the February lows.

SP500-BullishPercent-052416

While the “bulls” are quick to point out the current rebound much resembles that of 2011, I have made notes of the differences between 2011 and 2008. The reality is the current market set up is more closely aligned with the early stages of a bear market reversal.

It is the last point that I want to follow up with this week.

There is little argument that the bulls are clearly in charge of the market currently as the rally from the recent lows has been quite astonishing. However, as I noted recently, the current rally looks extremely similar to that seen following last summer’s swoon.

SP500-DailyChart-052416

Well, here we are once again entering into the “seasonally weak” period of the year. Will the bullish hopes prevail? Maybe. But.

 

Warning Signs Everywhere

Many have pointed to the recent correction as a repeat of the 2011 “debt ceiling default” crisis. Of course, the real issue in 2011 was the economic impact of the Japanese tsunami/earthquake/meltdown trifecta, combined with the absence of liquidity support following the end of QE-2, which led to a sharp drop in economic activity. While many might suggest that the current environment is similar, there is a marked difference.

The fall/winter of 2011 was fueled by comments, and actions, of accommodative policies by the Federal Reserve as they instituted “operation twist” and a continuation of the “zero interest rate policy” (ZIRP). Furthermore, the economy was boosted in the third and fourth quarters of 2011 as oil prices fell, Japan manufacturing came back on-line to fill the void of pent-up demand for inventory restocking and the warmest winter in 65-years which gave a boost to consumers wallets and allowed for higher rates of production.

 

2015-16 is a much different picture. 

First, while the Federal Reserve is still reinvesting proceeds from the bloated $4 Trillion balance sheet, which provides for intermittent pops of liquidity into the financial market, they have begun to “tighten” monetary policy by ending QE3 and increasing the overnight lending rate. As shown below, the changes to the Fed’s balance sheet is highly correlated to the movements of the S&P 500 index as liquidity is induced and extracted from the financial system.

Fed-BalanceSheet-SP500-052416

Secondly, despite hopes of stronger rates of economic growth, it appears that the domestic economy is weakening considerably as the effects of a global deflationary slowdown wash back onto the U.S. economy.

EOCI-Index-Indicator-042816

Third, while “services” seems to be holding up despite a slowdown in “manufacturing,” the service sector is being obfuscated by sharp increases in “healthcare” spending due to sharply rising costs of healthcare premiums. While the diversion of spending is inflating the services related part of the economy, it is not a representation of a stronger “real” economy that creates jobs and increased wages. 

CPI-Breakdown-052416

Fourth, the US dollar, as I addressed in this past weekend’s missive, is back on the rise.

“Well, with the revelation of the recent FOMC minutes the worries about a June rate hike, as suspected, have indeed surfaced sending the US dollar spiking above resistance.”

USD-Index-052116

If the Fed hikes rates in June, as is currently expected, higher rates will attract foreign money into US Treasuries in search of a higher yield. The dollar will subsequently strengthen further impacting commodity and oil prices, as well as increase the drag on companies with international exposure. Exports, which make up more than 40% of corporate profits, are sharply impacting results in more than just “energy-related” areas. This is not just a “profits recession,” it is a “revenue recession” which are two different things.

Corporate-Profits-ROE-041416

Lastly, it is important to remember that US markets are not an “island.” What happens in global financial markets will ultimately impact the U.S. The chart below shows the S&P 500 as compared on a performance basis to the MSCI Emerging Markets and Developed International indices. Notice the previous correlation in the overall indices as compared to today. Currently, the weakness in the international markets is being dismissed by investors, but it most likely should not be considering the ECB’s recent “bazooka” of QE which has clearly failed.

SP500-International-Emerging-052416-2

 

Lack Of Low Hanging Fruit

As I suggested previously, the “seasonally weak” period of the year may be a good opportunity to reduce risk as we head into the “dog days of summer.” 

“Does this absolutely mean that markets will break to the downside and retest February lows? Of course, not. However, throw into the mix ongoing high-valuations, uncertainty about what actions the Federal Reserve may take, ongoing geopolitical risks, concerns over China, potential for a stronger dollar or further weakness in oil – well, you get the idea. There are plenty of catalysts to push stocks lower during what is typically an already weak period.

 

Should you ‘sell in May and go away?’  That decision is entirely up to you. There is never certainty in the market, but the deck this summer seems much more stacked than usual against investors who are taking on excessive equity based risk. The question you really need to answer is whether the ‘reward’ is really worth the ‘risk?’”

While the recent rally has certainly been encouraging, it has failed to materially change the underlying momentum and relative strength indicators substantially enough to suggest a return to a more structurally sound bull market. (valuations not withstanding)

SP500-DailyChart-052416-3

With price action still confirming relative weakness, and the recent rally primarily focused in the largest capitalization based companies, the action remains more reminiscent of a market topping process than the beginning of a new leg of the bull market. As shown in the last chart below, the current “topping process,” when combined with underlying “sell signals,” is very different than the action witnessed in 2011.

SP500-DailyChart-052416-4

While I am not suggesting that the market is on the precipice of the next “financial crisis,” I am suggesting that the current market dynamics are not as stable as they were following the correction in 2011. This is particularly the case given the threat of a “tightening” of monetary policy combined with significantly weaker economic underpinnings.

The challenge for investors over the next several months will be the navigation of the “seasonally weak” period of the year against a backdrop of warning signals. Importantly, while the “always bullish” media tends to dismiss warning signs as “just being bearish,” historically such unheeded warnings have ended badly for individuals. It is my suspicion that this time will likely not be much different, the challenge will just be knowing when to leave the “party.”

“You get recessions, you have stock market declines. If you don’t understand that’s going to happen, then you’re not ready, you won’t do well in the markets.” – Peter Lynch

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Ron Paul Might Vote Libertarian, Game of Thrones and Climate Change: P.M. Links

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Bondholders Never Bothered to Vet Curt Schilling’s 38 Studios’ Finances Because They Knew Taxpayers Would Pay

38 Studios FalloutThe bondholders who backed former Major League Baseball (MLB) pitcher Curt Schilling’s video game production company, 38 Studios, never bothered to examine the company’s financial health, because they knew they’d be bailed out by Rhode Island taxpayers if the company became insolvent, according to documents released as part of a U.S. Securities and Exchange Commission (SEC) investigation.

WPRI-TV’s Ted Nesi, who has been covering the 38 Studios fallout for years and was featured in the Reason TV documentary “38 Studios: Curt Schilling’s Crony Capitalism Debacle,” reports:

The notes from SEC officials’ November 2014 interviews with 38 Studios bondholders show the lenders paid little attention to the underlying financial condition of Curt Schilling’s company, instead seeing the bond offering as a routine round of taxpayer-backed borrowing that posed little risk of nonpayment.

Jon Spear, a senior executive at USAA, the largest 38 Studios bondholder, told the SEC his company “only looked at the state’s credit” and “did not look at 38 Studios’ credit,” nor did USAA examine the game company’s financials, according to notes from his interview. Spear said 38 Studios’ financial condition was not important to USAA “because Rhode Island would be paying us back,” the notes say.

Rhode Island’s economic-development agency floated $75 million in bonds in 2010 to lure 38 Studios to Rhode Island, only to see the company run out of cash and declare bankruptcy within two years. The political fallout from its demise included a fierce public backlash against paying off the bonds, though the state’s Democratic leaders have continued to make the payments.

Nesi also reports that Spear considered the risk of his company’s investment “very, very low” because he “never assumed that Rhode Island would ever violate the moral obligation” of repaying its debts. Last September, WPRI came into a trove of documents relating to the company’s short life, which include evidence of all kinds of unsavory backroom dealing. 

Curt Schilling claims to have lost his entire personal fortune of about $50 million after investing in 38 Studios. He was recently fired from his job as a commentator at ESPN over posting transphobic memes on Facebook, after having been previously suspended from the sports network over tweeting a meme which compared Muslims to Nazis.

You can watch Reason TV’s 2012 doc, detailing how star-struck state politicians threw a fortune in taxpayer dollars at a fledgling start-up with no track record to speak of, only to see it blow up in their faces.

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Purvi Patel Appeals 20-Year Feticide Sentence for Self-Induced Abortion

Feticide laws were originally enacted to punish crimes against pregnant women that also result in the death of the fetus inside her. Indiana is now using its feticide law to punish a woman for possibly self-inducing an abortion. Last year, the state sentenced Purvi Patel to 20 years in prison for taking the abortion pill without a doctor’s supervision—or at least that’s how Patlel’s supporters portray the situation. The complicated and controversial case came before the Indiana Court of Appeals on Monday.  

According to documents from Patel’s trial, she became pregnant in 2013 and decided to have an abortion because she feared what her religious parents would think. But Patel was also worried that it was too late for her to be prescribed the abortion pill, which is only approved for use through the ninth week of pregnancy. Text messages she sent to a friend said she had ordered the drugs herself from a pharmacy in Hong Kong, although Patel’s defense claimed at trial that she never took the drugs.

Indeed, testing found no traces of the abortion drugs in Patel’s system. But as Homicide Crime Scene Technician Tom Cameron testified at Patel’s trial, there is no scientifically reliable way to test for those medications. 

The situation came to the attention of police when Patel showed up to the St. Joseph hospital emergency room with excessive bleeding. When pressed, she claimed that she had miscarried, giving birth to a stillborn. Patel said she deposited the stillborn fetus in a dumpster behind the restaurant (owned by Patel’s family) where she worked. Hospital staff reported this information to local police, who then found the fetus and arrested Patel.

She was charged with both feticide and child neglect. Prosecutors said the charges were not contradictory, as Patel could have illegally attempted to terminate her pregnancy, given birth to a live child anyway, and then let it die. A jury agreed, finding her guilty on both accounts. 

Appearing before the appeals court yesterday, Patel’s lawyer, Lawrence Marshall, argued that “the evidence in this case [for a child neglect charge] was not there whatsoever. Not a single expert ever said—in any sort of declarative way—that yes, this infant would have survived had Ms. Patel done differently.” As for the feticide charge, Marshall argued that Indiana’s feticide statute was not intended to be applied to women for “unlawful abortion.” The state, of course, claimed otherwise.

It’s not clear when the appeals court will issue its decision. 

“If this case were only about a woman who clearly gave birth to a live baby and then killed her child, it would be clear cut,” noted The New York Times’ Emily Bazelon last year.  

There is a line between pregnancy and birth, and once it is crossed, the state has just as much at stake in protecting the life of a newborn as it does in protecting the life of anyone else. But the evidence that Patel’s baby was born alive is sharply contested. The pathologist who testified for the defense, Shaku Teas, said the baby was stillborn. Teas told the court the fetus was at 23 or 24 weeks gestation and that its lungs weren’t developed enough to breathe. (Here’s more support for this position.) But the pathologist for the prosecution, Joseph Prahlow, testified that the fetus was further along than that — at 25 to 30 weeks gestation, which is past the point of viability — and was born alive.

[…] Whatever happened to Patel and her baby at the point of delivery, it’s hard to imagine that either the prosecution or the judge at sentencing would have come down as hard on her if they weren’t sure she’d tried to induce her own illegal abortion. And this is where Patel’s case moves from a fight over birth to a fight over pregnancy.

More than two-dozen self-described “health and bioethics experts” and “reproductive justice and women’s rights organizations”—including New York University Law School’s Carr Center for Reproductive Justice and the National Advocates for Pregnant Women—filed an amici curiae brief in support of Patel before her trial. “The prosecution of Purvi Patel will undermine public health and violate numerous fundamental constitutional rights in the service of no compelling, important, or even rational purpose,” they wrote. “The prosecution seeks to establish the principle that by becoming pregnant, women may be subject to criminal charges depending on the circumstances of or outcomes of those pregnancies, including the all too common experiences of stillbirth. … Stillbirths, miscarriages, abortions (including those that are self-induced and do not conform to abortion regulations), and women’s mental health during pregnancy are health issues, not matters for the criminal justice system.”

At least one judge on the Indiana Court of Appeals seems sympathetic to this view. During yesterday’s hearing, Judge L. Mark Bailey questioned whether the use of other harmful substances, such as cigarettes or alcohol, would justify feticide charges in the event that something went wrong with the pregnancy. “I mean, what is it that we’re going to start prosecuting here?” Bailey asked.  

Indiana Attorney General Greg Zoeller stated that “the state’s position remains that … the trial court acted within their discretion under this tragic set of circumstances.”

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Gold Drops, Oil Pops As Another Volumeless Buying-Frenzy Strikes Stocks

We begin today's end of day catch up with a report from The Onion that seemed highly appropriate:

NEW YORK – According to a brief but conclusive report released Monday, nobody fucking cares.

 

“Doesn’t fucking matter,” read the report in part, which went on to inform readers that no one gives two shits, so fuck it. “Seriously. Stop wasting everyone’s goddamn time.”

 

The report further urged those who still hadn’t shut up about it to quit acting like fucking idiots and just give it a rest, for Christ’s sake.

 

As following the overnight strength – on a Brexit poll of 1000 people that suggested Brexit fears overblown – the ridiculous beat in new home sales (at a record high price)…

 

…sparked sheer panic bids in homebuilder stocks.. and pretty much everything else. Dow Futures soared 300 points off the overnight lows… (we saw this manic pattern last week)

 

Trannies were the laggard on the day but bounced off unch for the week, Small Caps are leading…

 

Futures show the overnight exuberance…

 

For context today's spikes in stocks – the biggest since March – were very technical – all breaking their 50-day moving-averages…

 

As the short squeeze comes on again…US Open and EU Close sparked big squeezes in "most shorted" stocks – doubling the performance of the market…biggest 3-day short-squeeze in 6 weeks.

 

Homebuilders were best (with Utes lagging)…

 

Today's exuberance lifted The S&P and Small Caps into the green for May…

 

VIX was jammed down to a 14 handle again…

 

Treasury yields were far less exuberant than stocks…

 

But USDJPY 110 was in charge of the day…

 

Treasury yields all rose on the day but the long-end underperformed (10Y +3bps, 2Y unch) – once again the EU close pivoted the trend from selling bonds to buying them…

 

The USD Index rose once again (9th day in a row) today (as JPY weakness offset GBP strength – more positive polls) and EUR sunk…

 

Commodities were very mixed today with copper and crude soaring and PMs dumping… Crude's 2016 highs…

 

Charts: Bloomberg

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Days After Apple Invests In China’s Didi, Toyota Invests In Uber To Boost Car Leasing

Less than two weeks after Apple unveiledan unexpected $1 billion investment in China’s Didi Chuxing, an amount some have speculated may be the cost of continuing “business as usual” for Apple’s service offerings in China, moments ago Toyota unveiled that it would inject an undisclosed amount of funds in one of the most valuable private “Decacorns” in the US, Uber.

As Bloomberg reports, Toyota said it is making a strategic investment in Uber Technologies. The purpose behind the investment appears to be to expand the company’s lease vertical as it will offer auto leases to the ride-hailing company’s drivers.

Uber declined to disclose the size of the investment. Toyota wasn’t immediately available for comment. By leasing Toyota cars, Uber will expand its existing program, which also includes Enterprise Holdings Inc.

BLoomberg adds that automakers have been developing alliances with the various global ride-hailing services, with one simple motive: to find partners that can help sell more cars. Gett Inc., an Uber rival in Tel Aviv, said on Tuesday that it raised $300 million from Germany’s Volkswagen AG. Daimler AG acquired a pair of ride-hailing startups in 2014.

In January, General Motors Co. invested $500 million into Lyft Inc., the second-largest U.S. ride-hailing service. GM leases vehicles to Lyft drivers in Chicago, and the companies plan to expand the program. As noted above, in a less obvious deal, Didi Chuxing, the Chinese car-booking giant, received a $1 billion investment from Apple Inc. this month.

“Ridesharing has huge potential in terms of shaping the future of mobility. Through this collaboration with Uber, we would like to explore new ways of delivering secure, convenient and attractive mobility services to customers,” Shigeki Tomoyama, senior managing officer of Toyota, said in a statement.

Indicatively as more car producers shift to a lease-only driven model, it means that the leasing cliff noted here recently will only get greater. The point is to delay the inevitable moment of repricing all those amortized cars to fair value on company balance sheets. Indeed as we noted in “Deflation Is Coming To The Auto Industry As Used Car Prices Drop, Off-Lease Deluge Looms“, the best way to avoid recognizing a lease is to replace it with one or more new leases. That is precisely what Toyota hopes to do with its Uber investment.

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Clinton Campaign Blames Slumping Support On Bernie “Holding Her Back”

"I don't think he realizes the damage he's doing at this point…" whines one Clinon campaign surrogate, who as The Hill reports, is concerned that Sanders is still – this late in the game – throwing shots at Clinton and the Democratic establishment. How dare Bernie Sanders, who explains "I'm not harming the party, I'm invigorating it," not just lay down and let the establishment roll right over him and his supporters?

As Hillary "Death Cross"-es in the national poll…

 

 

The talking heads need excuses and someone to balme… (as The Hill reports)

Hillary Clinton allies worried about polls that suggest a tightening general election match-up with Donald Trump are placing blame on Bernie Sanders.

 

They say that the long primary fight with the independent senator from Vermont, which looks like it could go all the way to the Democratic convention in Philadelphia, has taken a toll on Clinton’s standing in the polls. In the latest RealClearPolitics average,she is two-tenths of a point behind Trump, the presumptive GOP presidential nominee.

 

“I don’t think he realizes the damage he’s doing at this point,” one ally said of Sanders. “I understand running the campaign until the end, fine. But at least take the steps to begin bringing everyone together.”

 

In an interview with ABC on Sunday, Sanders called voting for Clinton in the general election “the lesser of two evils.”

 

He has also kept up a steady drumbeat of criticism against the Democratic National Committee and its chairwoman, Rep. Debbie Wasserman Schultz (D-Fla.), who his supporters charge is rigging the contest against Sanders.

Clinton has problems and vulnerabilities that go beyond Sanders. Her favorability numbers are weak for a major-party nominee at this stage of the campaign. She is also still waiting for the FBI to finish its investigation of her use of a private email server while at State. Still, it is the Sanders problem that is now on the front burner of concerns for Clinton and her supporters.

Just two months before the Democratic National Convention in Philadelphia, Clinton has yet to lock up a nomination that would allow her to focus her fire on Trump amid an effort to unify Democrats around her candidacy.

Instead, Sanders supporters online are loudly declaring no end to the “Bernie or bust” motto even as Republicans increasingly rally around Trump as their own nominee.

“It holds her back from controlling the narrative,” another Clinton ally said of Sanders’s continued presence in the race.

It’s already May and now the question is: Can Hillary crawl past the primary finish line? And if she does, will she be so crippled for the general election that she becomes a sitting duck for Donald Trump?

The message from The Clinton campaign to Sanders is simple – "Stay down…"

 

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Sen. Rand Paul Hoping the Prospect of President Trump Might Push Congress to Reclaim War Powers

Rand PaulRemember back during the debates when we saw actual discussions of what American foreign policy might look like and how American military might approach the threat of terrorism originating from the Middle East? It seems like a lifetime ago, now that our current political discussion is revolving around which presumptive candidate is more corrupt and reprehensible to the American electorate.

Former Republican presidential candidate Sen. Rand Paul (R-Ky.) is back in Time magazine today to remind us of that debate. The background is the fact that President Barack Obama, who ran for office promising to end our wars, will leave office having been at war during his entire presidency, longer than any other president in U.S. history.

The wars have been facilitated by the Authorization for the Use of Military Force (AUMF) that was put into place to fight al Qaeda following Sept. 11. The purpose of the AUMF has been significantly distorted to cover the current fight against the Islamic State and deadly drone strikes in countries like Pakistan and Yemen. Paul, whose less interventionist foreign policy proposals as a presidential candidate included passing a new, more specific AUMF to cover the fight against ISIS, writes in Time that he plans to introduce an amendment to the upcoming defense appropriations bill. His goal is to force the president to return to Congress to seek a new AUMF:

My amendment will state that it is the sense of the Senate that the 2001 9/11 AUMF and the 2002 Iraq war AUMF do not apply to today’s war in Iraq and Syria and that if war is to continue there must be a new declaration of war by Congress.

One generation cannot bind another generation to perpetual war. Our Constitution mandates that war be authorized by Congress. Period.

My colleagues who have taken an oath to uphold the Constitution should support my amendment or at least have the decency to debate it.

Think about it for a moment. These original authorizations were passed back when some of the men and women fighting in our current conflicts were still small children. No president—including this president—deserves this kind of extra-constitutional power.

Obama has called for a new AUMF, but nevertheless insists that his current war-making is fully legal. Hillary Clinton has taken the same position. Trump tends to be tough to pin down on actual foreign policy plans (a deliberate choice), but while he has spoken about being less of an interventionist than other Republican candidates (and arguably Clinton as well), he has also made it clear that he has little interest in restraints on the power of the president and has promised to “bomb the shit” out of ISIS. Last night on The OReilly Factor on Fox News, Trump said he was willing to go to Congress to declare war, but the conversation left me at least with the impression he didn’t feel he would be at all restrained by whether he did so or not. (Read the transcript here and decide for yourself.)

Paul notes in his Time op-ed, “The Founders were very careful not to vest something as important as the decision to go to war to the whims of one person.” Conor Friedersdorf has a very similar warning over at The Atlantic. He takes note that many people are worried that Trump could bring a new brand of fascism to the White House, but few seem to have considered that Trump wouldn’t be so potentially dangerous if the power of the executive branch hadn’t become so unrestrained:

While writing or sharing articles that compare Trump to Hitler, Mussolini, and Franco, few if any have called on Obama or Congress to act now “to tyrant-proof the White House.” However much they fear Trump, however rhetorically maximalist they are in warning against his elevation, even the prospect of him controlling the entire apparatus of the national security state is not enough to cause them to rethink their reckless embrace of what Gene Healy calls The Cult of the Presidency, a centrist religion that persisted across the Bush administration’s torture chambers and the Obama administration’s unlawful War in Libya.

With a reality-TV bully is on the doorstep of the White House, still they hesitate to urge reform to a branch of government they’ve long regarded as more than co-equal.

Read more here.

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