Plaza Can Be Temporarily Closed for Construction, Without Violating First Amendment

From Mytych v. National Park Service, decided Thursday by Judge Trevor McFadden (D.D.C.):

David Mytych helps run a volunteer nonprofit called FLARE USA{, a volunteer nonprofit organization committed to political expression and advocacy about authoritarianism, impeachment, and constitutional accountability}. For months, FLARE maintained a demonstration [in Columbus Plaza] outside Union Station in Washington, D.C., to express its views on various political issues. FLARE had a National Park Service (“NPS”) permit to do so. {FLARE picked Columbus Plaza for its position as the “main pedestrian gateway between Union Station and the United States Capitol” ….} But toward the year’s end, NPS told Mytych and FLARE that a construction project required the demonstration to move to a nearby park….

The First Amendment ensures “that members of the public retain strong free speech rights when they venture into public streets and parks.” These areas are traditional public fora, meaning they “occupy a special position in terms of First Amendment protection because of their historic role as sites for discussion and debate.” …

That said, … [c]ourts endorse [content-neutral] time, place, and manner restrictions [on speech in traditional public fora] to address a variety of significant governmental interests.

Take the government’s interest in crowd control. Because “two parades cannot march on the same street simultaneously, [the] government may allow only one.” The government also has an interest in traffic safety. This means demonstrators cannot, “contrary to traffic regulations, insist upon a street meeting” on a busy road at “rush hour as a form of freedom of speech or assembly.” And the government has an interest in land preservation. That is why “[p]rotecting and properly managing park lands are undoubtedly significant governmental interests” that, for instance, allow permit requirements for filmmakers using those lands. All these examples involve “reasonable” regulations to meet “legitimate” aims, unrelated to the relevant activity’s “message.”

The same is true here. NPS reasonably limited Columbus Plaza activity for legitimate reasons, unrelated to Mytych’s speech, or anyone else’s. Its public closure notice from early December shows as much. There, NPS warned of “a temporary closure of Columbus Circle” for “the renovation of the fountain, cleaning of the statues, plaza and turf renovations to the park site.” The notice described the closure as “necessary to provide for public health and safety, protect scenic values and cultural resources, implement management responsibilities, and avoid conflict among visitor use activities during the renovation of the park.”

Nowhere in that explanation did NPS mention details about expressive activity, much less about Mytych’s specifically. It referred to “demonstration activity” only to assure that “comparable” spaces would serve those needs during construction. Between its park management concerns and health and safety concerns, then, no question remains that NPS has a “legitimate” government interest in Columbus Park upkeep.

And NPS addressed those interests through reasonable, “narrowly tailored” means. Its notice indicates that NPS restricted use of Columbus Plaza no more than necessary. NPS expressly “considered” more “limited closures,” yet determined that none would “suffice” to protect “public safety” based on contractors’ advice.

NPS instead offered “ample alternative channels for communication.” Its notice stated that “nearby park areas [would] remain open to the public.” … [S]hortly after issuing notices, NPS gave FLARE a permit to demonstrate in a different park. The notice also promised that, upon “completion of the project,” the park would return to use for “future permitted events.”

Though Mytych hints that NPS had ulterior motives, see Compl. ¶ 44 (describing NPS’s “alleged[ ]” construction plans), he supplies no facts to support this theory. Indeed, NPS appears to have started construction, and Mytych does not argue otherwise. See Nersesian Decl. ¶¶ 19, 22. Nothing else in the pleadings suggests NPS’s rules have been “administered otherwise than in [a] fair and non-discriminatory manner.” This means the NPS acted without offending the First Amendment….

Dimitar Georgiev and David S. Bettwy represent defendants.

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Key Events This Week: Payrolls, CPI And Retail Sales

Key Events This Week: Payrolls, CPI And Retail Sales

The next five days will feature an unusual pairing of major US data releases: the January employment report on Wednesday and the January CPI report on Friday, two reports which usually never appear in the same week. Ahead of those, markets will digest December retail sales and the Q4 employment cost index tomorrow, alongside a heavy schedule of Fed speakers, many of them current voters. Global inflation updates from China (Wednesday) and several European economies will add to the momentum, while the UK’s Q4 GDP (Thursday) will also be released. Corporate earnings remain in full swing, even if six of the Mag-7 have now reported, thus reducing some potential volatility until Nvidia report on February 25th.

For the employment report (which we will preview fully tomorrow), DB economists expect headline and private payrolls to rise by 75k (consensus at +69k and +75k respectively), a modest improvement relative to recent trend rates. If this holds, they anticipate the unemployment rate staying at 4.4%. They also expect average hourly earnings to increase 0.3%, with hours worked unchanged at 34.2, leaving the year over year growth rate of our payroll based nominal compensation proxy drifting up to 4.5% from 4.3%.

This month’s release will include the usual benchmark revisions to the establishment survey, though the population control adjustment to the household survey has been postponed to next month. The preliminary benchmark revision of roughly 0.6% to March 2025 employment was already unusually large, and the BLS is also introducing more frequent updates to the birth death model. While it’s impossible to know exactly how these higher frequency adjustments will influence recent data, even small changes could matter given that January typically shows the largest non seasonally adjusted job losses of the year. The final benchmark revision may also shift again, as it often deviates from the preliminary estimate once updated QCEW data are incorporated. All of this raises the uncertainty around Wednesday’s figures.

Turning to inflation (which we will also preview fully later this week), DB economists expect headline CPI to increase 0.26%, held down by an expected 2.4% drop in motor fuel prices, while core CPI should rise 0.35%. On this basis, headline CPI would slow to 2.46% year over year (from 2.68%), and core to roughly 2.55% (still rounding to 2.6%). The January release will include updated relative importances and new seasonal factors, which could affect individual components and possibly lead to firmer readings when last year’s data are re-examined. This could prompt some Fed officials to reassess the near term path of inflation.

Elsewhere in the data flow, tomorrow’s retail sales report should mirror evidence of solid holiday demand. Economists expect headline sales to rise 0.4%, with ex autos and retail control up 0.4% and 0.5%, respectively. That would leave Q4 retail control growing at a 4.5% annualized pace for the seventh straight quarter above 4%, supporting a firm consumption contribution in the Q4 GDP report due later this month. They also expect a 0.8% rise in the Q4 ECI, bringing the year over year pace down to 3.5%, still above its pre-pandemic average. Thursday’s jobless claims should ease back toward 226k after last week’s weather related spike.

Fed communication will be constant throughout the week. Governor Waller, Governor Miran, and Atlanta’s Bostic speak today, followed by Cleveland’s Hammack and Dallas’s Logan tomorrow. Vice Chair of Supervision Bowman speaks Wednesday, where regulatory topics and the balance sheet outlook may surface. Discussions around balance sheet strategy are gaining attention amid the nomination of Kevin Warsh for Fed Chair, given his previously stated preference for a smaller balance sheet. Logan, Miran, and Kansas City’s Schmid will offer additional views later in the week, including first reactions to the jobs report.

In Europe, economic indicators due include Q4 GDP in the UK on Thursday as well as CPI prints in Denmark, Norway (both tomorrow) and Switzerland (Friday). In geopolitics there will be notable focus on the Munich Security conference to be held Friday through Sunday.  Remember that last year’s summit was home to the extraordinary speech by JD Vance which was partly credited as responsible for the huge rearmament drive in Europe.

In Asia, we also have the January inflation reports in China due Wednesday. Our economists forecast producer prices to further rebound to -1.6% YoY from -1.9% in December 2025. In contrast, CPI inflation will likely slow to 0.4% YoY from 0.8% (see more here). Japanese PPI is out on Thursday.

Rounding out with earnings, this week’s lineup features tech names including Cisco, Applied Materials and Shopify as well as US consumer firms Coca-Cola and McDonald’s.

A busy week for European large caps includes results from AstraZeneca, Hermes, Siemens and L’Oreal. Other highlights feature energy firms TotalEnergies and BP as well as Unilever, AB InBev and Ferrari among consumer stocks.

Courtesy of DB, here is a day-by-day calendar of events

Monday February 9

  • Data: US January NY Fed 1-yr inflation expectations, Japan January Economy Watchers survey, M2, M3, bank lending, December BoP trade balance and current account balance, labour cash earnings, Norway Q4 GDP
  • Central banks: Fed’s Waller and Bostic speak, ECB’s Lagarde, Nagel and Lane speak, BoE’s Mann speaks
  • Earnings: UniCredit, DBS, Apollo, ON Semiconductor

Tuesday February 10

  • Data: US January NFIB small business optimism, Q4 employment cost index, December retail sales, import price index, export price index, November business inventories, Japan January machine tool orders, Denmark January CPI, Norway January CPI
  • Central banks: Fed’s Hammack and Logan speak
  • Earnings: Coca-Cola, AstraZeneca, Gilead Sciences, S&P Global, Welltower, Spotify, BP, CVS Health, Barclays, Marriott International, Williams, Robinhood, Cloudflare, Ferrari, Ford, Datadog, Kering, Fiserv
  • Auctions: US 3-yr Notes ($58bn)

Wednesday February 11

  • Data: US January jobs report, federal budget balance, China January CPI, PPI, Japan January PPI, Italy December industrial production, Canada December building permits
  • Central banks: ECB’s Cipollone and Schnabel speak, BoC Summary of Deliberations
  • Earnings: Cisco, McDonald’s, T-Mobile US, Shopify, AppLovin, TotalEnergies, Siemens Energy, EssilorLuxottica, NetEase, Equinix, Vertiv, Heineken, Deutsche Boerse, Commerzbank, Dassault Systemes, Kraft Heinz, Humana, Albemarle
  • Auctions: US 10-yr Notes ($42bn)

Thursday February 12

  • Data: US January existing home sales, initial jobless claims, UK Q4 GDP, January RICS house price balance, Germany December current account balance
  • Central banks: ECB’s Radev, Lane, Stournaras, Nagel and Cipollone speak, BoC’s Rogers speaks
  • Earnings: Applied Materials, Hermes, Siemens, L’Oreal, Arista Networks, SoftBank, Unilever, Anheuser-Busch InBev, British American Tobacco, Vertex, Agnico Eagle Mines, Howmet Aerospace, Airbnb, Vale, Mercedes-Benz, RELX, Zoetis, Adyen, Legrand, Expedia, PG&E, DSM-Firmenich
  • Auctions: US 30-yr Bonds ($25bn)

Friday February 13

  • Data: US January CPI, China January home prices, Q4 BoP current account balance, Germany January wholesale price index, Eurozone December trade balance, Q4 employment, Switzerland January CPI
  • Central banks: Fed’s Miran and Logan speak, BoJ’s Tamura speaks, BoE’s Pill speaks
  • Earnings: Safran, NatWest, Cameco, Capgemini, Norsk Hydro, Moderna
  • Other: Munich Security Conference (through January 15)

Finally, looking at just the US, Goldman writes that the key economic data releases this week are the retail sales report on Tuesday, the employment report on Wednesday, and the CPI report on Friday. There are several speaking engagements by Fed officials this week, including events with Fed Governors Waller and Miran on Monday and the Fed Vice Chair for Supervision Bowman on Wednesday. 

Monday, February 9 

  • No major data releases are scheduled. 
  • 01:30 PM Fed Governor Waller Speaks: Fed Governor Christopher Waller will speak on digital assets at an event organized by the Global Independence Center. Q&A is expected. On January 30, Waller said, “I dissented at the most recent meeting of the Federal Open Market Committee (FOMC) after concluding that cutting the policy rate by 25 basis points was the appropriate stance of policy.” He added that the reasons for his dissent are that “the labor market remains weak” and “though inflation is elevated from tariff effects, appropriate monetary policy is to look through these effects as long as inflation expectations are anchored, which they are.”
  • 02:30 PM Fed Governor Miran Speaks: Fed Governor Stephen Miran will participate in a moderated conversation at Boston University. Q&A is expected. On January 5, Miran said, “I’m looking for about a point and a half of cuts [in 2026]” because “underlying inflation is running within noise of our target, and that’s a good indication of where overall inflation is going to be in the medium term.”
  • 03:15 PM Atlanta Fed President Bostic (FOMC non-voter) Speaks: Atlanta Fed President Raphael Bostic will participate in a moderated conversation with Bill Watts, editor of Pro Farmer. Q&A is expected. On February 2, Bostic said, “We are still too high in inflation, so I think we need to be somewhat restrictive.” He added that “I do feel the downside risk—that a catastrophe is going to happen in employment—is much further away from us than it was even a month ago, and that gives me some confidence we can be patient.”
  • 05:00 PM Fed Governor Miran Speaks: Fed Governor Stephen Miran will be interviewed on WBUR Podcast in Boston. Q&A is expected.

Tuesday, February 10 

  • 08:30 AM Import price index, December (consensus +0.1%, last flat); Export price index, December (consensus +0.1%, last flat) 
  • 08:30 AM Retail sales, December (GS +0.4%, consensus +0.4%, last flat); Retail sales ex-auto, December (GS +0.3%, consensus +0.4%, last +0.4%); Retail sales ex-auto & gas, December (GS +0.4%, consensus +0.4%, last +0.5%); Core retail sales, December (GS +0.3%, consensus +0.5%, last +0.8%): We estimate core retail sales increased 0.3% in December (ex-autos, gasoline, and building materials; month-over-month SA), reflecting solid alternative data but a headwind from potential residual seasonality. We estimate headline retail sales increased 0.4%, reflecting an increase in auto sales but lower gasoline prices.
  • 12:00 PM Cleveland Fed President Hammack (FOMC voter) Speaks: Cleveland Fed President Beth Hammack will speak on the banking and economic outlook at the 2026 Ohio Bankers League Economic Summit. Speech text and Q&A are expected. On December 12, Hammack said, “I see rates as right around a neutral level, [and] I would prefer to be on a slightly more restrictive stance to help put more pressure on inflation that remains too high.”
  • 01:00 PM Dallas Fed President Logan (FOMC voter) Speaks: Dallas Fed President Lorie Logan will deliver remarks and participate in moderated Q&A at the 2026 Asset Management Derivatives Forum in Austin, Texas. Speech text is expected.

Wednesday, February 11 

  • 08:30 AM Nonfarm payroll employment, January (GS +45k, consensus +69k, last +50k); Private payroll employment, January (GS +45k, consensus +75k, last +37k); Average hourly earnings (MoM), January (GS +0.35%, consensus +0.3%, last +0.3%); Unemployment rate, January (GS 4.4%, consensus 4.4%, last 4.4%): We estimate nonfarm payrolls increased 45k in January. On the negative side, we estimate that the birth-death model—which will be updated with this report, more details below—could contribute 30-50k fewer jobs to payroll growth (on a seasonally adjusted basis) than in recent months and big data indicators suggested a modest pace of private sector job growth. Additionally, we expect unchanged government payrolls—reflecting a 10k decline in federal government payrolls that is offset by a 10k increase in state and local government payrolls. On the positive side, the pace of layoffs—a particularly important determinant of net job growth in January—remained subdued. However, the seasonal factors have evolved to expect smaller declines in employment in recent Januarys, limiting the potential boost from this channel. We do not expect a drag from winter Storm Fern, which formed about a week after the reference week. 
    • We estimate that the unemployment rate was unchanged at 4.4% in January, but we see the risks as skewed to a decline: the bar for rounding down to 4.3% is not high from an unrounded 4.38% in December and the January unemployment rate appears to suffer from modestly negative residual seasonality (the unrounded unemployment rate has declined in each of the last three Januarys). We estimate average hourly earnings rose 0.35% month-over-month in January, reflecting positive calendar effects.
    • This month’s report will be accompanied by the annual benchmark revision to the establishment survey and a methodological update to the birth-death model. The BLS’s preliminary estimate of the benchmark payrolls revision indicated that cumulative payroll growth between April 2024 and March 2025 would be revised 911k lower. We estimate that the final downward revision will likely be somewhat smaller—in the range of 750-900k—as job growth in the QCEW, which informs the revision, has been revised up since the BLS issued the preliminary estimate. The BLS will also update the net birth-death forecasts in the post-benchmark period (April 2025-December 2025) to incorporate information from the QCEW and the monthly payrolls survey. A downward revision to the post-benchmark period appears likely, reflecting the continued slowdown in the QCEW and weak private payroll growth during the post-benchmark period. Starting with this month’s report, the birth-death model will incorporate current sample information each month. 
  • 10:00 AM Kansas City Fed President Schmid (FOMC non-voter) Speaks: Kansas City Fed President Jeff Schmid will speak at the Economic Forum of Albuquerque in Albuquerque, New Mexico. Speech text and Q&A are expected. On January 15, Schmid said, “I believe that there is a risk that lowering rates could do more harm to the inflation side of our mandate than benefit on the employment side.” He added that “I see little reason at this point to further lower the policy rate, though of course, I will be watching the data closely for signs that growth is losing momentum or that the labor market is weakening more substantially.”
  • 10:15 AM Fed Vice Chair for Supervision Bowman Speaks: Fed Vice Chair for Supervision Michelle Bowman will participate in a virtual moderated conversation at Keefe, Bruyette & Wood 33rd Annual Winter Financial Services Conference. Q&A is expected. On January 16, Bowman said, “Absent a clear and sustained improvement in labor market conditions, we should remain ready to adjust policy to bring it closer to neutral.” She added that while monetary policy is not on a preset course, “we should also avoid signaling that we will pause without identifying that conditions have changed.”
  • 04:00 PM Cleveland Fed President Hammack (FOMC voter) Speaks: Cleveland Fed President Beth Hammack will participate in a leadership dialogue at Ohio State University. Q&A is expected.

Thursday, February 12 

  • 08:30 AM Initial jobless claims, week ended January 31 (GS 220k, consensus 224k, last 231k); Continuing jobless claims, week ended January 24 (consensus 1,850k, last 1,844k)
  • 10:00 AM Existing home sales, January (GS -2.5%, consensus -3.2%, last +5.1%)
  • 07:00 PM Dallas Fed President Logan (FOMC voter) Speaks: Dallas Fed President Lorie Logan will give opening and closing remarks at an event with Governor Stephen Miran. Speech text is expected.
  • 07:05 PM Fed Governor Miran Speaks: Fed Governor Stephen Miran will participate in a moderated discussion at the Dallas Fed. Q&A is expected.

Friday, February 13 

  • 08:30 AM CPI (MoM), January (GS +0.24%, consensus +0.3%, last +0.1%); Core CPI (MoM), January (GS +0.33%, consensus +0.3%, last +0.2%); CPI (YoY), January (GS +2.44%, consensus +2.5%, last +2.7%); Core CPI (YoY), January (GS +2.52%, consensus +2.5%, last +2.6%): We estimate a 0.33% increase in January core CPI (month-over-month SA), which would lower the year-over-year rate by 0.1pp to 2.5% on a rounded basis. Our forecast reflects upward pressure from seasonal distortions on the communications (GS forecast: +0.4%) and private transportation (+1.5%) categories. We expect a modest boost from start of the year price resets in categories like medical care commodities (GS forecast: +0.7%), and upward pressure from tariffs on categories that are particularly exposed (such as recreation) worth +0.07pp. We expect firm travel services inflation (airfares: +2%; hotels: +1%), reflecting signals from alternative price data. We expect softer autos inflation, reflecting a 1.5% decline in used car prices, unchanged new car prices, and a moderate increase in the car insurance category (+0.4%). We forecast a slight slowdown in the shelter categories (rent: +0.24%, OER: +0.25%), reflecting a continued slowdown in their underlying trend. We expect unchanged medical services prices, reflecting a continued decline in medical insurance prices (-0.7%) but increases in other medical care services categories. We estimate a 0.24% rise in headline CPI, reflecting higher food prices (+0.4%) but lower energy prices (-1.3%).
    • In this month’s report, the BLS will release recalculated seasonal factors that reflect the price movements of 2025—which could reduce the impact of seasonal distortions that explained some of the month-to-month variation in core inflation last year—as well as updated weights. The annual seasonal factor revisions tend to cause monthly inflation readings to be revised toward the annual average. In other words, higher inflation readings for the year tend to be revised lower and lower readings tend to be revised higher. On average over the last decade, about 20% of the relative strength of a month’s initial core inflation vintage has been revised away in its first annual revision. Last year, monthly core CPI inflation was particularly elevated in January (23bp above the 2024 average) and particularly low in March-May (8bp below).

Source: Goldman, DB

Tyler Durden
Mon, 02/09/2026 – 09:55

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Eye On Iran: Pentagon Held Live-Fire War Drills In Persian Gulf

Eye On Iran: Pentagon Held Live-Fire War Drills In Persian Gulf

US forces conducted live-fire military drills in the Persian Gulf at a moment of ongoing Washington threats to attack Iran over its nuclear program as well as ballistic missile arsenal. 

“Last week, Navy Sailors from USS Santa Barbara participated in the exercise Killer Tomato, a live-fire maritime gunnery exercise conducted in the Central Command’s area of responsibility and supported by an Air Force A-10 Thunderbolt II aircraft,” US Central Command (CENTCOM) posted on X Sunday.

US CENTCOM/Navy’s 5th Fleet

It continued, “The exercise provided realistic training to improve surface gunnery proficiency while reinforcing joint air-maritime integration, combat readiness, and deterrence across the region.”

It’s unclear why the US military only chose to reveal it Sunday, and not in real-time while the drills were actually being conducted. This was perhaps a security measure, to ensure no incidents or run-ins with Iranian forces, after previously an Iranian drone was shot down as it was said to be headed toward US warships.

As for use of the A-10 Thunderbolt, this long in service aircraft would assist in thwarting any small vessel threat or attack against American ships, as it is able to fly very low and take out craft with its powerful machine guns. It conducted low strafing runs as part of these latest Persian Gulf drills.

The futuristic-looking vessel featured in the US Navy’s photos is the USS Santa Barbara, described by a defense journal as follows:

The vessel is one of the U.S. Navy’s high-speed, modular Independence-class littoral combat ships, designed for operations in contested coastal waters. USS Santa Barbara is capable of speeds exceeding 40 knots and has a range of around 4,300 nautical miles at cruising speed, allowing it to conduct extended patrols and rapid response missions across the region. It displaces more than 3,100 tonnes at full load and is powered by a combined diesel and gas turbine propulsion system driving four waterjets. It carries a core crew of around 40 personnel, with capacity for additional mission specialists depending on the role assigned.

Central Command’s photo set from the war drills…

Since late January, American and Iranian forces have been holding dueling drills and war games in the region, in an effort to signal military readiness amid a tense showdown.

Ultimately it is Israel that is most alarmed by Iran’s missile program, given Tel Aviv was on the direct receiving end during the June war – also said to involve hypersonic missiles sent.

CENTCOM has recently said that while Iran’s military has a “right” to operation professionally in international waters, it must avoid any provocative or harassing behavior involving American vessels or forces. The two enemy sides are one small ‘live fire’ incident away from potentially sparking major conflict.

Tyler Durden
Mon, 02/09/2026 – 09:45

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Democrats Flip-Flop On ICE Agents And Body Cameras

Democrats Flip-Flop On ICE Agents And Body Cameras

Last week, Senate Minority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries sent a letter to Republican leadership calling for sweeping reforms at the Department of Homeland Security before funding expires on Feb. 13. The letter outlined ten “guardrails” for DHS, including the demand that ICE agents wear body cameras when interacting with the public. 

REUTERS/Shannon Stapleton

While most of the demands on Schumer’s and Jeffries’ list were never going to be agreed to, the use of body cameras by ICE agents has bipartisan support. Even President Donald has voiced support for body cameras, pointing out that they “generally tend to be good for law enforcement because people can’t lie about what’s happening.”

Days later, Democrats reversed course after left-wing privacy advocates raised “concerns” about body cameras becoming a mass surveillance tool. Democrats now fear the technology could feed video of protesters into facial recognition systems, allowing ICE to identify and track demonstrators. 

Obviously, we want them to be wearing body cameras, but we would want restrictions placed on what that information could be used for,” Sen. Ed Markey (D-Mass.) said. “We want to make sure that we have the accountability for how these officers conduct themselves on the streets of our country, but we don’t want it in turn to be used as a way of coming back and suppressing free speech.”

Lawmakers and activists have accused ICE of using various cameras to surveil protesters by running images through license plate readers and facial recognition systems, and Democrats are now claiming they believe body cameras could serve the same purpose. DHS said its body cameras are not equipped with facial recognition. Democrats fear the images could be downloaded and later run through facial recognition.

Republicans had already agreed to provide more funding for ICE body cameras before Democrats began pushing for limits on how the images are used. The homeland security bill that passed the House last week included $20 million for equipping immigration enforcement personnel with body cameras. Homeland Security Secretary Kristi Noem announced on Feb. 3 that all federal agents deployed to Minneapolis would immediately be equipped with body cameras. She said the program would expand nationwide as funding becomes available.

The reversal raises questions about whether Democrats are genuinely concerned about protester privacy or worried that body camera footage will protect ICE agents from false accusations. 

Lora Ries, director of the Border Security and Immigration Center at The Heritage Foundation, explained how wearing body cameras could shield agents from misconduct claims. “Defund ICE is the same movement and has the same funders and organizers as the ‘defund the police’ movement,” Ries told The Daily Signal. “Just as bodycams have helped police defend against false claims made by rent-a-rioters, so too will bodycams help ICE defend against false claims made to obstruct ICE and prevent deportations to protect the Left’s political power.”

Video recorded by an ICE agent on his phone when he fatally shot Renee Nicole Good in Minneapolis not only showed Good striking the agent with her car before she was shot, but also gave critical context of the events before the shooting that debunked several left-wing narratives about what happened. Democrats claimed that Good was just a scared mom who accidentally ended up in the middle of an ICE operation and was merely trying to leave the scene. The footage proved she was there to obstruct the operation. The agent’s phone footage also showed Good’s wife yelling at her to drive her car before striking the agent.

Democrats went from demanding body cameras for accountability and transparency to proposing legislation that would limit their use within days. The shift suggests Democrats may have realized that body camera footage could work in favor of ICE agents rather than against them. Video evidence from encounters like the Good shooting has already shown that footage can exonerate officers and contradict activist narratives. 

If body cameras protect agents from false claims, as Ries suggested, the technology undermines the broader effort to obstruct immigration enforcement operations. That possibility may explain why Democrats are suddenly claiming concern about surveillance and privacy, concerns that were notably absent when they first demanded the cameras.

Tyler Durden
Mon, 02/09/2026 – 09:05

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Half-Hearted Halftime Outrage


Bad Bunny | JED JACOBSOHN/UPI/Newscom

Playing defense. The Seattle Seahawks triumphed over the New England Patriots in Super Bowl LX in a mostly snoozy defensive struggle. The final score of 29–13 makes the game sound a lot more exciting than it was.

Neither team scored a touchdown until the fourth quarter. The vast majority of the game saw Seattle running the ball into field goal range and New England failing to get that first down.

People joked on social media that by carrying a football during his halftime performance, Bad Bunny got more rushing yards than the Patriots did during the entire game.

Still, a Super Bowl is a Super Bowl, and one assumes that the estimated 120 million people who watched the game in the company of friends and family managed to enjoy it—provided they weren’t rabid Patriots fans.

Half-hearted halftime rage. For people who need something political to argue about, the real action was obviously the halftime show. Puerto Rican headliner Bad Bunny performed in Spanish the midst of a sugar cane field, with cameos from Lady Gaga and Ricky Martin.

The selection of Bad Bunny to headline the show sparked controversy in some corners of the right, partly for his history of liberal statements, partly because they think he isn’t popular, and partly just because he’s Puerto Rican.

In protest, the conservative group Turning Point USA hosted an alternative halftime show featuring Kid Rock and a collection of country artists. This counterprogramming attracted about 5 million viewers, which is ample but still far less than the 120 million who watched the official Super Bowl halftime show.

Not even President Donald Trump seemed to have watched the conservative halftime show, judging by his negative review of Bad Bunny’s performance.

People who were bracing for an overly politicized mainstage show can mostly relax now. The most partisan moment of Bad Bunny’s performance was right at the end, where he spiked a football with the text “Together We Are America” while flanked by people carrying flags of all the Western Hemisphere countries.

Your mileage will vary on how much you liked the show as a piece of music and showmanship.

As someone who listens to a lot of metal, I personally wasn’t all that bothered by not being able to understand the lyrics. The Spanish-language performance probably helped to tamp down a lot of controversy about any politics smuggled into the lyrics.

It’s probably not a great signal for the health of the discourse if the country even threatens to split into red-team/blue-team Super Bowl halftime shows. The endless partisanship and culture-war bickering is tiresome.

On the other hand, I was struck by how little outrage I saw on X following Bad Bunny’s performance. Perhaps having conservative-coded counterprogramming provided for a little short-term social peace. The people who would have been most upset by the mainstage performance were watching something else.

And indeed, the real competition to the Super Bowl halftime show wasn’t Kid Rock. It was not watching the Super Bowl at all.

As popular a television viewing experience as the Super Bowl is, only around 40 percent of households with TVs watch the Super Bowl. That means close to two-thirds of the country is doing something other than watch the game.

America is a big country, and there are lots of ways people choose to spend their time. The trends in media and entertainment toward more on-demand options make this truer every day.

The Super Bowl halftime show is just less of a stage today than it was 15 or 20 years ago. Whoever is on it says a lot less about where American culture is than in the past.

Bad Bunny’s performance didn’t signal the fall of America. It also wasn’t quite the triumph for multiculturalism that some liberal writers seem to think it was.

If the halftime show is less of a showcase of where the culture is, there’s less of a need to have some big culture war about it.

Jimmy Lai sentenced. The Hong Kong media tycoon and pro-democracy activist Jimmy Lai was sentenced on Sunday to 20 years in prison for violating the jurisdiction’s “national security” law.

Lai has been in custody since 2020, when he participated in protests against the imposition of the national security law he’s now been convicted of violating. The sentence all but ensures that the elderly man will die in prison.

Lai first came to Hong Kong as a penniless 12-year-old refugee. From that lowly starting position, he managed to make a fortune in Hong Kong’s garment industry before starting the pro-democracy tabloid Apple Daily.

Lai has long been an advocate for free speech and free markets. In 2023, the Cato Institute awarded him its Milton Friedman Prize for Advancing Liberty. His sentencing is a travesty of justice and a reminder of how important the right to speak freely is.

QUICK HITS

  • The Wall Street Journal reports on endemic fraud in the federal government’s Temporary Assistance for Needy Families program.
  • Noam Chomsky’s wife responds to the controversy over her husband’s chummy relationship with Jeffrey Epstein.
  • A partial Homeland Security shutdown appears likely, reports Politico.
  • Federal prosecutors were told not to investigate Renee Good’s killing.
  • Ghislaine Maxwell won’t answer Congress’ questions from prison.

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Defendant’s Giving E-Mail Address as Prosecutor’s Name + “suxcox696969@gmail.com” Isn’t Contempt of Court

From Commans v. Dunbar, decided Friday by Judge Jennifer M. Perkins, joined by Judge Kent E. Cattani:

Daniel Commans appeals his conviction and punishment for contempt of court for providing a vulgar email address with a coded insult to the prosecutor during a virtual court hearing. We reverse because Commans’ behavior in providing the email address, though sophomoric, did not warrant a contempt finding, much less 180 days in jail….

On August 29, 2024, the Lake Havasu Municipal Court held an arraignment hearing for Commans on misdemeanor charges for resisting arrest and criminal trespass. Commans attended virtually and was not represented by counsel. At the outset of the hearing, the judge asked Commans to provide an email address. Commans provided two email addresses, stating that he had trouble getting emails in the past. He spelled out the second one: “Y-A-E-G-R-S-U-X-C-O-X-6-9-6-9-6-9@gmail.com.” To confirm, the judge read it back letter by letter.

Neither the judge nor the prosecutor, Charles Yaeger, reacted to the email address on the record, and the hearing proceeded uninterrupted. The court appointed an attorney to represent Commans and continued the arraignment to September 12, 2024. Later that day, the court issued a written order notifying Commans that, at the September 12 hearing, he would have to “show cause why [he] should not be held in contempt of Court for providing the … email address.”

At the September 12 hearing, Commans accepted a plea deal resulting in a sentence of 180 days in jail on the misdemeanor charges. The court then stated it had already found Commans in “direct contempt,” so only sentencing was at issue. His attorney argued the punishment should be mitigated because the email address was protected speech under the First Amendment to the United States Constitution. Commans himself asserted it was a real email address. The court imposed the maximum allowable punishment of 180 days for contempt to run consecutive to any other jail time. In doing so, the court stated: “[T]here is free speech. The Court is a little bit different. You don’t get to say anything you want. This was vulgar. It was directed at an officer of the Court clearly designed for that purpose.” …

The court rejected Commans’ First Amendment argument:

We agree with Commans that his speech did not constitute “fighting words.” There was no indication that Commans’ words provoked or were likely to provoke a violent reaction from people listening to the virtual hearing. His speech remained subject to First Amendment protections. But Commans was not entitled to use vulgarity without repercussion in a courtroom setting. See Zal v. Steppe (9th Cir. 1992) (“[T]he trial judge is charged with preserving the decorum that permits a reasoned resolution of issues. Zealous counsel cannot flout that authority behind the shield of the First Amendment.”).

But the court concluded that the judge abused his discretion in finding Commans guilty of contempt:

By rule, an Arizona court may hold a person in criminal contempt if that person … [“]willfully engages in any other unreasonable conduct that obstructs the administration of justice or lessens the court’s dignity and authority.[“] … The email address drew no attention until after the hearing and thus could not have obstructed the administration of justice….

[As to the dignity and authority prong, t]wo cases provide helpful guidance. In In re Little (1972), the United States Supreme Court invalidated a contempt order imposed on a criminal defendant for stating during trial that “the court was biased, [ ] had prejudged the case[,] and that [the criminal defendant] was a political prisoner.” The contempt order was governed by a statute that made any behavior “directly tending to interrupt [the court’s] proceedings, or to impair the respect due to its authority” punishable for contempt. The Supreme Court observed that vehement language alone does not confer “the power to punish for contempt,” and it invalidated the contempt order because the defendant had not “disobeyed any valid court order, talked loudly, acted boisterously, or attempted to prevent the judge or any other officer of the court from carrying on his court duties.”

In Hirschfeld v. Superior Ct. (Ariz. App. 1995), the superior court held in contempt an attorney representing a father in a custody matter. The attorney had physically harassed the mother by following her around the judge’s chambers while demanding to know the child’s whereabouts in an abusive manner. This Court affirmed, concluding that harassing and intimidating litigants, witnesses, attorneys, and jurors in or near the courtroom lessens the dignity and authority of the court. Citing Little, this Court warned, however, that the contempt power “should be used with caution,” and should not “be pressed beyond reasonable limits.”

Here, Commans was not loud or boisterous—he calmly spelled out the email address. Commans’ conduct did not disrupt the proceeding—the vulgarity of the email address went unnoticed until after the hearing. He did not harass or intimidate anyone—the childish insult may have embarrassed the prosecutor, but it did not intimidate or harass him. And Commans received no warning against using offensive or insulting language in the courtroom. If Commans had received such a warning, providing the vulgar email address would have constituted a more direct challenge to the court’s authority and been a greater affront to the court’s dignity and authority. The lack of a warning weighs against holding him in contempt….

The court also held that the lower court “erred by finding Commans in contempt without first providing him an opportunity to be heard”:

Courts may hold a person in contempt without notice or a hearing when “immediate punishment is essential to prevent demoralization of the court’s authority,” otherwise it violates principles of due process. In re Oliver (1948). Absent a “substantial interest in rapidly coercing compliance and restoring order,” a defendant should receive notice and an opportunity to be heard. Here, there was no need for immediate punishment because the vulgar email address was not noticed until after the hearing….

Judge David Weinzweig (whose name readers may know from his recent guest-blogging about his Zen and the Art of Persuasive Writing) agreed as to the First Amendment and due process, but concluded that, “because a reasonable judge might conclude that Commans engaged in contemptuous conduct, I would remand for the municipal court to afford due process.” He also added:

The Eighth Amendment prohibits “cruel and unusual punishments.” As relevant to noncapital cases, this includes “sentences that are grossly disproportionate to the crime committed.” Punishment must be proportionate; a sanction should match the severity of misconduct.

Six months in jail for an offensive email address exceeds constitutional bounds. Trial courts have broad discretion to maintain decorum in their courtrooms, but that discretion has limits. A 180-day sentence transforms contempt power from a tool to maintain order into a cudgel for punishing disrespect.

Thanks to Michael Smith (Smith Appellate Law Firm) for the pointer.

Bryan R. Whitney and Christopher Stafford (Whitney Whitney Baldridge Atkinson) represent Commans.

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Letter to the Editor

Last week, I submitted this letter to the Editor of the New York Times. It was not selected, so I will publish it here:

Re: Why The Times Is Expanding Its Supreme Court Coverage (Feb. 2) and Federal Courts Undercut Trump’s Mass Deportation Campaign (Feb. 1):

Twice in the span of twenty-four hours, the Times felt compelled to refer to me as a “conservative” law professor. And this routinely happens in other media outlets. I would admit the label is accurate, but why is it necessary? To be sure, describing a professor’s politics puts the reader on notice about potential biases, but this rule does not seem to be applied uniformly. Based on my searches of the Times’s archives, law professors on the political left are routinely introduced without any label, while conservative law professors–in the rare instances when they are quoted–are more likely to be introduced as conservatives. I found one article that introduces a conservative law professor and a liberal law professor in the same sentence, but only the former is so described. I am grateful that the Times looks to balance out its journalism, but reporters should let a scholar’s view speak for itself, without red or blue flags.

Josh Blackman
Houston, Texas

I have a detailed list of these articles, which I may publish another time.

In related news, the Washington Post published several letters to the editor in response to the op-ed I wrote with Ilya Shapiro on the Dean situation in Arkansas. I think our piece made a bigger splash in higher education circles than in legal circles.

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Use of Still from “Girls Do Porn” Video to Criticize Later Employer of Alleged Participant Is Fair Use, not Copyright Infringement

The allegedly infringing Tweet, from the court file; I’ve redacted the last name and part of the face, just as a matter of editorial discretion.

 

From Judge George Daniels’ opinion Tuesday in MCM Group 22 LLC v. Perry (S.D.N.Y.), which strikes me as quite correct, given the fair use doctrine:

Plaintiff is a limited liability company and the owner by assignment of a registered copyright for the Video. Plaintiff’s predecessor-in-interest is a non-party to this suit and is referred throughout the Complaint as “Jane Doe.” In 2015, Jane Doe appeared in the Video, which was filmed by the founders and operators of Girlsdoporn.com and Girlsdotoys.com (collectively, “GDP”). As revealed by a series of criminal cases [which led to guilty pleas], GDP was a criminal sex trafficking enterprise, in which the website’s operators recruited victims to appear in its videos by fraudulently representing that the videos would never be posted online or released in the United States.

On December 14, 2021, Judge Janis L. Sammartino of the Southern District of California … issued a restitution order in Garcia’s case … that provided, inter alia, that the victims specified in the order “hold[ ] superior right, title, and interest in the images, likenesses, and videos depicting that [victim] produced by GDP” and “shall have and recover all property that GDP … took from them, including images, likenesses, videos, and copyrights.” Jane Doe was one of the specified victims, so the Restitution Order awarded her “superior right, title, and interest” in the Video. She subsequently assigned her rights in the Video to Plaintiff “for the purpose of prosecuting the use of copies, still images, and derivatives of the [Video] through DMCA takedown notifications and, when necessary, civil actions.”

On June 13, 2022, Defendant Lyndon Perry published a post (the “Tweet”) on the social media platform Twitter (currently known as X). The Tweet included a composite of two images: a still frame from the Video superimposed onto a screenshot of an online article from Forbes. The still frame from the Video depicts a fully clothed woman—who is identified as “Jessica” in the Video’s title—sitting alone on a bed. The still frame includes text of an apparent conversation between the woman and an off-screen interviewer in which the woman states that she is studying business and marketing.

The screenshot from the Forbes article shows a profile of an individual, who is identified as the head of institutional lending at Celsius Network, in the publication’s 30 Under 30 list for 2020. The Tweet juxtaposes these two images, suggesting that they are the same woman.

The Tweet was Perry’s second post in a larger thread. The first post in the thread shows an advertisement for Celsius Network next to a screenshot of a Reuter’s article entitled, “Crypto Firm Celsius Pauses All Transfers, Withdrawals, as Markets Tumble.” Defendant then replied to this post with the Tweet, which included the composite image and the message “Same company btw.”

MCM Group (the assignee of the copyright in the videos) sued for copyright infringement, but the court rejected the claim:

“In 1976, Congress enacted § 107 of the Copyright Act, giving statutory recognition to the long existing common law doctrine of fair use.” Section 107 provides that:

[T]he fair use of a copyrighted work, … for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

  1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  2. the nature of the copyrighted work;
  3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  4. the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors….

“A use that has a further purpose or different character is said to be ‘transformative.'” This includes uses that “transmit a message that differs from the message communicated by the original.” But as the Supreme Court recently clarified, accepting “any further purpose, or any different character, would narrow the copyright owner’s exclusive right to create derivative works.” Thus, in addition to a further purpose or character, “there must be justification for copying.” Examples of further justifications include instances in which the copying critiqued or commented on the original, “provided information to the public about the copied work, [ ] enabled the furnishing of valuable information on any subject of public interest, or rendered a valuable service to the public.” Notably, “the more transformative the [ ] work, the less will be the significance of the other factors, like commercialism, that may weigh against a finding of fair use.”

Defendant argues that his use was transformative because Defendant posted the Tweet squarely for the purposes of commenting on Celsius’ business struggles and its message differed from the original pornographic film.  Plaintiff counters that the Tweet was “commercial” in nature and that additional facts must be developed through discovery to determine exactly what message the Tweet conveyed.

It is clear from the face of the Complaint that the Tweet utilized the still frame for a transformative purpose. The Video is a pornographic film with the express purpose of displaying explicit sexual content. Conversely, the Tweet does not contain any nudity or sexually explicit imagery and is framed as a commentary on Celsius. Defendant posted the Tweet as a direct reply to his previous tweet, which juxtaposed Celsius’ marketing with critical reporting on the company. The Tweet’s text—”Same company btw”—is a clear reference to Celsius when viewed in the context of the entire thread.

The Defendant’s reproduction of the still frame in the composite image is in service of this commentary. The reproduction of a copyrighted image in a larger collage is transformative where “the copyrighted work is used as ‘raw material,’ in furtherance of distinct creative or communicative objectives.” Here, Defendant superimposed the still frame from the Video over a Forbes profile of Celsius’ former head of international trading. By arranging the images of two women, both identified as being named Jessica, side by side, the composite image vaguely implies that a Celsius executive appeared in a pornographic film. The still frame’s accompanying text stating that Jane Doe was studying business and marketing further supports this implication.

In short, a reasonable observer would understand the Tweet as a commentary on Celsius with a markedly different purpose from the original pornographic video.  Further, as a commentary on a “subject of public interest” (i.e., Celsius’ decision to pause its customer’s transfers and withdrawals), the Tweet’s transformative use of the still frame justifies its copying.

{This Court makes no finding as to what Defendant subjectively intended to communicate through the Tweet, as the Defendant’s intentions are not alleged within the complaint or obvious from the Tweet itself. That said, one could likely surmise that Defendant intended to cast aspersions on Jane Doe’s character and the judgment of Celsius for perhaps employing someone who had appeared in a pornographic film. This opinion in no way approves or endorses that view. For the purposes of deciding this motion, it is enough for this Court to note that whatever Defendant subjectively intended to communicate, it is clearly not sexually explicit or pornographic in nature.}

Plaintiff argues that the alleged “commercial” nature of the Tweet weighs against fair use. But even assuming that the Tweet was posted “for the purpose of achieving additional donations or pledges,” “that is not dispositive of the first factor, particularly in light of the inherently transformative role” of the Tweet. Thus, this Court’s determination that the Tweet was “substantially transformative” allows it to discount the alleged “secondary commercial nature of the use.”  …

[The amount-and-substantiality factor also] weighs in favor of the fair use defense. It is undisputed that the Tweet reproduced a single frame of a forty-six-minute video. Plaintiff contends that this objectively small amount of copying is not a fair use because “the ‘heart of the work’ is any portion [of the Video] that identifies [Jane Doe], specifically images of her face, given that she is the victim of criminal sex trafficking and the [Video] is the evidence thereof.”  But the central inquiry under this factor is not whether the portion copied is the most important part of the work to the copyright holder, but rather whether the portion copied contains the central creative expression of the original such that “the secondary work might serve as an effectively competing substitute for the original.”

The Tweet does not capture the central expression of the Video and is not a substitute for the original. The heart, or core, of the Video is its sexually explicit imagery. The Tweet is not pornographically explicit and shows a fully clothed woman describing her career interests. Accordingly, because the Defendant copied an insubstantial amount of the Video in furtherance of a transformative purpose, the third factor weighs in favor of fair use….

The … “the effect of the use upon the potential market for or value of the copyrighted work” … factor focuses on “whether the copy brings to the marketplace a competing substitute for the original, or its derivative, so as to deprive the rights holder of significant revenues because of the likelihood that the potential purchasers may opt to acquire the copy in preference to the original.” Like the other factors, a court’s analysis of the market effect is often influenced by whether the secondary use is transformative. “[T]he more transformative the secondary use, the less likelihood that the secondary use substitutes for the original.” … “[W]hen a lethal parody, like a scathing theater review, kills demand for the original, it does not produce a harm cognizable under the Copyright Act.” ….

[This] factor weighs in favor of fair use. As detailed above, Defendant’s use of a single still frame from the Video was a transformative secondary use intended as a form of commentary on Celsius. Further, the Defendant’s use of a single frame from the video did not include any sexually explicit imagery. In short, a person in the market for a sexually explicit, pornographic film would not turn to the Tweet. Because Defendant’s use of the still frame would not, and could not, usurp the market for the Video, the fourth factor weighs in favor of fair use….

Note that the lawsuit alleged only copyright infringement, not defamation, false light invasion of privacy, or any other tort.

Jay Wolman and Marc Randazza (Randazza Legal Group PLLC) represent defendant Perry.

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Futures Flat, Erase Overnight Losses As Nervous Traders Brace For Key Week

Futures Flat, Erase Overnight Losses As Nervous Traders Brace For Key Week

S&P futures are unchanged, erasing all overnight losses, extending last week’s choppy price action focused on AI repercussions; Nasdaq 100 futures underperform slightly ahead of an important week that has both the January jobs and CPI report on deck (at least the firehose of earnings is slowing down). As of 8:15am ET, S&P futures are unchanged, and Nasdaq futures dip 0.2% with tech the biggest laggard as Semis come back under pressure and Mag7 names are all weaker.  The yield on 10-year Treasuries rose three basis points to 4.24% after BBG reported that China tells state and local banks to limit/reduce Treasury exposure (does not affect Federal holdings) which according to JPM may raise risk of a “Sell America” trade esp with Japan / APAC poised to rip in the near-term. The dollar dipped 0.3%, supporting gold and silver. Bitcoin slipped below $69,000. Commodities are big with precious metals and gasoline the upside standouts. Today’s macro data focus is on the NY Fed’s inflation expectations release.

In premarket trading, Mag 7 stocks are mixed (Microsoft +0.6%, Amazon +0.03%, Meta -0.1%, Tesla -0.1%, Alphabet -0.3%, Apple -0.1%, Nvidia -0.9%)

  • Cleveland-Cliffs (CLF) falls 3% after fourth-quarter adjusted Ebitda from the steel company missed the average analyst estimate.
  • Eli Lilly (LLY) rises 1% after agreeing to buy US biotech Orna Therapeutics Inc. for up to $2.4 billion in cash.
  • Hims & Hers Health (HIMS) tumbles 20% after the telehealth company said it will stop selling its recently launched copycat version of the new Wegovy weight-loss pill.
  • Kroger Co. (KR) is up 5% as the supermarket chain named Greg Foran as its chief executive officer. Foran led Walmart US for six years
  • Kyndryl Holdings (KD) sinks 40% after the information-technology services company spun off from IBM reported adjusted earnings per share for the third quarter that missed the average analyst estimate.
  • Li Auto’s ADRs (LI) fall 3% after JPMorgan downgraded the stock to underweight on a view that new EV models from five other carmakers are likely to pressure the Chinese auto firm’s sales this year.
  • Monday.com (MNDY) slumps 14% after the software company forecast revenue for the first quarter; the guidance missed the average analyst estimate.
  • SoFi Technologies (SOFI) gains 3% as Citizens upgrades the online personal finance company to market outperform.
  • Tegna Inc. (TGNA) rises 9% after President Donald Trump backed television broadcaster Nexstar Media Group’s proposed $3.5 billion acquisition of the company.

In corporate news, Nvidia-backed Firmus Technologies secured a $10-billion loan from a group including Blackstone-led funds to boost its data center rollout. 

Stock futures are jittery after last week’s nosebleeding volatility while Treasuries fell after Chinese regulators urged banks to limit their holdings. It’s a big week for eco data, with delayed January releases for payrolls on Wednesday and CPI due Friday. Stocks will remain choppy, according to Goldman Sachs’ trading desk, with systematic strategies expected to be net sellers. A renewed decline could trigger about $33 billion of selling this week, they said, although that will likely be more than offset by a huge short squeeze after last week saw record short selling of single stocks.

“These moves also make people say, ‘Let me be a little bit more cautious than I had been” and wait for a better opportunity,” said Keith Lerner, chief investment officer at Truist Advisory Services.

The AI debate continues, with Deutsche Bank strategists noting significant rotation out of tech, while Morgan Stanley’s Mike Wilson sees opportunity in enablers and adopters.  Tech stocks had been caught up in a rout due to worries over the billions of dollars being spent on AI. The release of a new automation tool from Anthropic PBC added to the pressure, as investors ditched stocks seen as vulnerable to AI disruption. 

“Expect swings to continue until we have clearer visibility on the AI monetization, as well as the Fed’s rate path,” said Desmond Tjiang, chief investment officer for equities and multi-asset investment at BEA Union Investment. 

The employment report this week is predicted to show payrolls rose 69k in January, which would be the best in four months. The report will also include an annual revision to the jobs count, which is expected to reveal a notable markdown to payrolls growth in the year through March 2025. CPI may be lukewarm due to prices of cars and medical commodities offsetting a spike in other core goods.

While the US is winning the AI race, “its markets are footing the bill,” write Bloomberg Intelligence strategists Gillian Wolff and Michael Casper. After recent volatility, US tech valuation premiums have narrowed to around 23% versus China and Taiwan tech. After a challenging week for stocks, with rising performance dispersion and single-stock volatility, global equity markets look primed for short-term consolidation, according to strategists at Citi.

In geopolitics, Iran’s President described US nuclear talks as a “step forward.” Bessent cited Chinese traders as a reason behind last week’s wild swings in the gold market. Japanese equities surged to fresh record highs on Monday after PM Sanae Takaichi’s party achieved a landslide victory.

Apollo, Becton Dickinson and Waters are among companies scheduled to report before the market open. Apollo’s AUM are likely to expand 25%, the most since 1Q 2021, helped by continued inflows growth. Earnings from Arch Capital and ON Semi are due later in the day.

The Stoxx 600 is up 0.2% as European stocks rise on Monday, lifted by Novo Nordisk A/S shares after a US competitor scrapped a copycat Wegovy weight-loss pill. Travel and leisure as well as banking shares outperform, while the personal care and retail sectors lag. Here are some of the biggest movers on Monday: 

  • InPost shares jump as much as 14% after Advent, FedEx, A&R and PPF announced plans for a €15.60 share buyout.
  • Novo Nordisk shares surge as much as 8.6%, reversing some of last week’s plunge, after Hims & Hers Health Inc. pulled a copycat version of the new Wegovy weight-loss pill.
  • STMicro shares rise as much as 7% after Amazon deepened its ties with the Franco-Italian chipmaker to secure semiconductor technologies for its data centers.
  • Plus500 shares rise as much as 7.1% to a record high as the trading platform says its performance in FY26 is likely to be better than the market expects.
  • UniCredit shares gain as much as 6.5% after the Italian lender reported fourth-quarter net income that beat estimates, and said it plans to return about €50b to investors in next five years.
  • Coor Service Management shares rise as much as 14% in Stockholm, the steepest gain since December 2015, after newspaper Dagens Industri reports that six new owners have simultaneously built up almost identical holdings in the Swedish company.
  • DSM-Firmenich shares fall as much as 5.7% after the firm agreed to sell its animal nutrition and health business to CVC Capital Partners at a lower valuation than some analysts expected.
  • NatWest shares fall as much as 5.6% as the UK lender says no further buybacks are likely before 1H 2027 results after it agrees to buy wealth manager Evelyn Partners for an enterprise value of £2.7 billion.
  • Greggs shares drop as much as 6% after Jefferies downgraded the bakery chain to hold, noting that the uptake of weight-loss drugs was a headwind to the earnings outlook.
  • Ayvens shares fall as much as 3.7% after Oddo BHF cuts the French vehicle rental firm to neutral from outperform over a reset of used car sales results.
  • Eramet shares fell as much as 6.3% after the Financial Times reported that the French company suspended CFO Abel Martins-Alexandre last week, days after the board announced it had terminated the mandate of CEO Paulo Castellari.

Earier in the session, Asian stocks gained, as Japanese stocks rallied to a record and South Korea led a wider surge in technology shares.
The MSCI Asia Pacific Index rose as much as 2.5% to a fresh high, with Japanese stocks leading gains after Prime Minister Sanae Takaichi’s ruling party achieved the biggest post-war victory for a single party in a general election. Korean stocks also surged by more than 4% following report that Samsung Electronics will start mass production of HBM4 chips after the Lunar New Year holiday. Stocks also traded higher in Taiwan, China and Hong Kong. The renewed optimism comes as a relief after Asia’s benchmark index posted its first weekly loss in seven. Meanwhile in Japan, Takaichi’s win is expected to benefit sectors including AI, semiconductors and defense on her expansionary fiscal policies. The yen strengthened away from levels seen as a danger zone for intervention. In Thailand, stocks surged as much as 4% to the highest levels since December 2024 after an election win by the ruling party paved the way for more policy clarity. Stocks also gained in India, Indonesia and Malaysia.

The ruling Liberal Democratic Party’s “historic victory gives Prime Minister Takaichi a stable majority, reducing coalition constraints and enabling decisive action on fiscal stimulus, AI, semiconductors, energy security, and strategic reforms,” said Marc Jocum, senior investment strategist at Global X Management. “Markets now have a clear fiscal policy runway through 2028 until the next election.”

In FX, the yen is gaining against the greenback in the wake of Japanese PM Sanae Takaichi’s election victory. Expect this kneejerk reversal, which may have had some help from local authorities to unwind soon. The Bloomberg Dollar Spot index is down 0.2%. While the pound has picked up, it remains near the bottom of the G-10 pile amid a UK political risk premium. This is also being seen in other UK assets with gilts down 35 ticks versus losses of 13 ticks for bunds.

In rates, treasuries are mixed, tracking a curve-steepening gilt selloff following the resignation of a second senior aide to Prime Minister Keir Starmer.US long-end yields are 2bp-3bp higher on the day with shorter maturities little changed, widening 2s10s and 5s30s spreads by about 2bp, triggered by a Bloomberg report noting that China directed banks to limit holdings of US Treasuries. The bond market is also trying to figure out what a Warsh-led Fed will mean, particularly his call for a new accord with the Treasury Department. UK long-end tenors are about 3bp cheaper on the day, steepening its 2s10s curve by 3bp. The delayed January jobs report is ahead on Wednesday and quarterly new-issue auctions start Tuesday.  Treasury coupon auctions resume Tuesday with 3-year notes, followed by 10- and 30-year new issues, totaling $125 billion.

“There is no credible alternative as a global reserve asset at present,” said Geoff Yu, senior macro strategist at BNY. “Our holdings data indicates 72% of global sovereign bond allocations are in US Treasuries, with the euro zone at 11%. There is no comparison.”

Meanwhile, the Treasury is due to offer a combined $125 billion in three-, five- and 10-year debt.
 

“At least two cuts this year, maybe three cuts. Given the easing that we’ve already seen, I think the US economy probably will accelerate this year,” Paul Jackson, global market strategist at Invesco, told Bloomberg TV.

In commodities, precious metals are higher but off best levels with gold and silver showing respective gains of 0.9% and 2.7%. WTI crude futures have picked up throughout the European session, gaining 0.3%. Bitcoin is down 2.5% with selling picking up after slipping below the $70,000 level.  

US economic calendar includes January New York Fed 1-year inflation expectations at 11am. Ahead this week are December retail sales and January employment and CPI.Fed speaker slate includes Waller (1:30pm), Miran (2:30pm, 5pm) and Bostic (3:15pm)

Market Snapshot 

  • S&P 500 mini -0.1%,
  • Nasdaq 100 mini -0.2%,
  • Russell 2000 mini -0.1%
  • Stoxx Europe 600 little changed,
  • DAX little changed, CAC 40 -0.1%
  • 10-year Treasury yield +3 basis points at 4.24%
  • VIX +0.8 points at 18.52
  • Bloomberg Dollar Index -0.1% at 1189.33
  • euro +0.3% at $1.1856
  • WTI crude little changed at $63.56/barrel

Top Overnight News

  • Democrats won’t pass the remaining DHS funding unless their demands to reform ICE are met, House Minority Leader Hakeem Jeffries told CNN. BBG
  • Kevin Warsh’s call for a new Fed-Treasury accord has stirred debate in the $30 trillion bond market, raising concerns over central bank independence and potential market volatility. BBG
  • Chinese regulators have advised financial institutions to rein in their holdings of US Treasuries, citing concerns over concentration risks and market volatility. BBG
  • Japanese stocks swept to all-time peaks while super-long bonds quickly reversed early weakness in an apparent vote of confidence in Prime Minister Sanae Takaichi’s “responsible, proactive” fiscal policy. BBG
  • Treasury Secretary Scott Bessent cited Chinese traders as a reason behind last week’s wild swings in the gold market. He said “They’re having to tighten margin requirements. So gold looks to me kind of like a classical, speculative blowoff.” Bessent expects the Federal Reserve to move cautiously in any effort to trim its balance sheet, and to take at least a year to decide what to do. RTRS
  • Thailand’s ruling party clinched a surprise election win over the pro-democracy People’s Party. PM Anutin Charnvirakul’s victory marks the first this century for a party aligned with the royalist establishment. Thai stocks and currency rose. BBG
  • UK PM Keir Starmer is battling to save his premiership after the dramatic resignation on Sunday of his most trusted aide Morgan McSweeney, as Labour MPs and officials warn that his job is still in grave peril. FT
  • The ECB’s Gediminas Simkus said there’s an equal chance that policymakers’ next move will be to raise or lower borrowing costs. BBG
  • Big Tech’s AI push and data center building being financed by some of the world’s biggest companies in the AI boom is becoming one of the most momentous capital efforts in US history (as a percentage of GDP). It’s bigger than the railroad expansion of the 1850s, the Apollo space program that put astronauts on the moon in the 1960s and the decadeslong build-out of the U.S. interstate highway system that ended in the 1970s. WSJ
  • Trump posted “Record Stock Market, and National Security, driven by our Great TARIFFS. I am predicting 100,000 on the DOW by the end of my Term. REMEMBER, TRUMP WAS RIGHT ABOUT EVERYTHING! I hope the United States Supreme Court is watching”.

Trade/Tariffs

  • Indian imports of Russian oil could nearly halve following the White House order, Bloomberg reported citing sources. Within the order, it stated that India has committed to stop directly or indirectly importing Russian oil or import tariffs will be raised.
  • South Korea’s legislature approves creation of special US investment committee.
  • Australia has imposed 10% tariffs on China’s steel ceiling frames, following an investigation by the nation’s Anti-Dumping Commission, according to Bloomberg.

A more detailed look at global markets courtesy of Newsquawk

APAC stocks began the week higher after last Friday’s rally on Wall St, where the DJIA topped the 50k level for the first time, while the Nikkei 225 also hit a fresh record high after PM Takaichi’s landslide election victory and supermajority. ASX 200 rallied with all sectors in the green and the advances being led by broad strength in tech, real estate, miners, materials and resources. Nikkei 225 rose to fresh record highs above the 57,000 level after the Japanese PM Takaichi’s LDP won a supermajority in the lower house election, which would allow it to override the upper house in legislation, while the decisive win paves the way for the government to proc eed with further stimulus and a sales tax cut. Hang Seng and Shanghai Comp conformed to the widespread upbeat mood across the region, while it was also reported late last week that China’s Cabinet studied measures to promote effective investment and pledged to boost support for private investment.

Top Asian News

  • Japan’s PM Takaichi said that she has received strong mandate for her policies, following the election. Confirms a swift restart of of parliamentary session. Discussions on refundable tax credit will commence. Will not resort to debt to fund the suspension of food sales tax. Will summit bill to establish national information and committee on foreign investment in the next parliament. Want to pursue a coalition expansion with the DPP if they are keen to do so. Want to lay out interim finding at cross-party meeting on food sales tax suspension by around summer this year. Closely watching market moves, including FX.
  • Japanese PM Takaichi said the potential of our alliance with the US is limitless and she is sincerely grateful to US President Trump for his warm words.
  • US President Trump congratulates Japanese PM Takaichi and her coalition on a landslide election victory.
  • Japanese Finance Minister Katayama said will not comment on FX levels, but noted that recent yen moves are somewhat rapid and one-sided.
  • Hong Kong court sentences media tycoon Jimmy Lai to 20 years in jail.
  • Japan’s top currency diplomat Mimura said closely watching FX moves with a high urgency.

European bourses (STOXX 600 +0.2%) are firmer across the board, as strength across APAC equities filters through into Europe. European sectors hold a positive bias. Travel & Leisure leads, followed closely by Healthcare and Banks whilst Optimised Personal Care and Retail lags. Healthcare is buoyed by gains in Novo Nordisk (+8.3%), which benefits after Hims & Hers said it will stop selling a copycat version of Novo Nordisk’s Wegovy weight-loss pill two days after launch.

Top European News

  • Norwegian GDP Growth Rate YoY (Q4) Y/Y 2.2% (Prev. 2.1%).
  • Norwegian PPI YoY (Jan) Y/Y -7.8% (Prev. -11.4%).
  • Norwegian GDP Growth Mainland QoQ (Q4) Q/Q 0.4% vs. Exp. 0.4% (Prev. 0.1%).
  • Norwegian GDP Growth Rate QoQ (Q4) Q/Q -0.3% (Prev. 1.1%).

FX

  • DXY is on the backfoot and trades at the bottom end of a 97.33-97.76 range; further pressure could see a test of last week’s trough at 97.00. Much of the pressure this morning can be associated with JPY strength (post-election, discussed below) and following a Bloomberg report which noted that China is urging banks to curb US Treasuries exposure amid market risk – whilst this piece pertains to USTs, it renews fears of a “sell America” theme. US data is lacking for the remainder of the day, so focus will be on Fed speak via Waller, Miran and Bostic. Note: Waller is to discuss “digital assets”, markets know what they expect from arch-dove Miran, and Bostic is set to retire. The docket picks up later in the week, where markets will await US NFP (Wed) and then CPI (Fri); as a reminder, recent jobs metrics have been pointing towards a weakening of the labour market.
  • JPY is amongst the outperformers this morning. USD/JPY initially gapped higher at the open (157.47), edged lower a few moments later, before reversing back to highs of 157.65. Since, the JPY has been strengthening vs the USD, potentially on a) high expectations of an LDP victory, b) higher JGB yields, c) jaw-boning via Finance Minister Katayama, d) political stability, e) odds of a BoJ hike in April rising to circa. 60% (prev. 54%). For the latter, analysts at Barclays believe that LDP’s landslide victory may allow the BoJ to proceed with normalisation “somewhat” faster. As such, the bank brought forward its expectations of a 25bps hike to April (prev. saw July), and increased its terminal forecast to 1.5% (prev. 1.25%). This morning, PM Takaichi has provided commentary, has reiterated her vows of fiscal stability, noting that she “will not resort to debt to fund the suspension of food sales tax” – another factor which is likely helping the strength in the JPY this morning. [More details can be found on the Newsquawk headline feed at 07:40GMT/02:40ET]
  • G10s are broadly stronger against the USD, with JPY, AUD, EUR, and CHF all firmer by around 0.5%. GBP is the laggard this morning, as domestic political woes remain for the PM. On Sunday, Chief of Staff McSweeney resigned from his role following the Mandelson scandal. Irrespective of this, risks remain, as members of the Cabinet are potentially set to call for the PM to resign, and if he doesn’t, they will possibly step down themselves.

Fixed Income

  • JGBs gapped lower by 30 ticks from 131.42 to 131.12 at the open, and then continued to trundle lower to a 131.10 trough; there was then a brief bounce overnight, before gradually declining back to the APAC low. Action today can be characterised by concern around potential increased spending and fiscal instability fears, but overall, the response to Takaichi’s LDP securing a super majority has been within recent levels – see the 07:40GMT post for more details and next steps.
  • USTs are lower, given the above initially. More recently, pressure is a function of a Bloomberg report that China has urged banks to diversify exposure to US Treasuries amid heightened market risk, guidance that reportedly does not apply to state holdings. A report that pushed USTs to a 111-26 low. Fed speak ahead, though the individuals scheduled are, on face value, not particularly interesting. Reminder, the week ahead has NFP on Wednesday and CPI on Friday.
  • Bunds followed the above. Interestingly, while they were initially hit by the Bloomberg report, the benchmark bounced off a 128.03 trough in short order. As the report is, potentially, a net-positive for EGBs long-term, as Chinese banks have to reposition their holdings.
  • Gilts hit on the ongoing Mandelson/McSweeney fallout. In brief, while McSweeney has resigned, the pressure around Starmer hasn’t abated. Action that saw Gilts gap lower by 42 ticks before slipping another two to a 90.21 base. Since, the benchmark has rebounded by around 30 ticks, but remains in the red by some 10 ticks. The Spectator highlights that some ministers are concerned that Starmer could stand down at any moment. More likely, we could see Cabinet Ministers, privately initially and then possibly publicly, call for the PM to resign, and then they themselves may resign from Starmer’s cabinet if he does not comply.
  • China is reportedly urging banks to curb US Treasuries exposure amid market risk, Bloomberg reported citing sources; guidance does not apply to China’s state holdings of US Treasuries.

Commodities

  • WTI and Brent gapped lower but then traded with an upward bias as the morning progressed, to currently trade flat; Brent now trading around USD 68.20/bbl, with a recent bid higher led reports that Qatar is pushing the start of its LNG expansion to the end of 2026. US-Iran meetings last week lacked a material outcome, with the pair agreeing to further talks. For the next meeting, the Trump administration has told Iran to arrive with meaningful substance, following the “good meeting” on Friday.
  • Precious metals have continued Friday’s rebound, with spot gold regaining the USD 5k/oz handle. Over the weekend, the PBoC announced its 15th straight month of gold buying, which reinforces the key structural driver of major central bank buying of the gold bullion. The dollar has also weakened at the start of the European session, weighed on by the Bloomberg report that China is urging banks to limit USTs exposure. Silver has gradually bid higher as European trade continues, returning back above USD 80/oz and briefly topping above USD 82/oz.
  • 3M LME Copper gapped higher but trades muted in a USD 13.02k-13.14k/t band, heading into the Chinese New Year celebrations.
  • US Energy Secretary Wright intends to visit Venezuela soon to discuss the future of PDVSA, Politico reported; focussed on improving the management of the Co. Expects Venezuela to hold elections in 18-24 months.
  • Vitol Group forecasts peak oil demand to be pushed back to the mid-2030s, with peak demand reaching around 112mln bpd.
  • New Zealand energy minister said has shortlisted proposals related to building a first LNG import plant and facility could be operational by 2027 or early 2028.
  • Qatar reportedly pushes the start of its LNG expansion to the end of 2026.

Central Banks

  • ECB’s Kocher said that inflation expectations are fully anchored and FX movements are factored in; Europe must prepare for a greater financial safe haven role. Policy is appropriate and it would require a change in the environment to change current policy stance.
  • ECB’s Simkus said there’s a 50/50 chance that their next move is a hike or cut; rates are at neutral level with growth near potential. Economic environment is fragile.

Geopolitics: Ukraine

  • Indian imports of Russian oil could nearly halve following the White House order, Bloomberg reported citing sources. Within the order, it stated that India has committed to stop directly or indirectly importing Russian oil or import tariffs will be raised.
  • Russia’s FSB said an attempted assassination of General Alexeyev was ordered by Ukraine with Poland’s participation, according to Interfax.
  • US reportedly aims for a March peace deal in Ukraine, followed by quick elections, according to reported.

Geopolitics: Middle East

  • Iran’s advisor to Supreme Leader is to visit Oman on Tuesday, Tasnim reported.
  • Iranian Parliament Speaker said they discussed defence and security in a secret session.

CRYPTO

  • Bitcoin is on the backfoot and trades around USD 69k, whilst Ethereum remains just above the USD 2k mark.

US Event Calendar

 

DB’s Jim Reid concludes the overnight wrap

 

 

 

 

 

Tyler Durden
Mon, 02/09/2026 – 08:34

via ZeroHedge News https://ift.tt/VSoQZ2j Tyler Durden

Novo Nordisk Slaps HIMS With Lawsuit Over Copycat Wegovy Pill As GLP-1 Feud Erupts

Novo Nordisk Slaps HIMS With Lawsuit Over Copycat Wegovy Pill As GLP-1 Feud Erupts

The GLP-1 feud between Hims & Hers Health and Novo Nordisk keeps accelerating by the day.

The latest is that Novo is now taking legal action against HIMS, alleging that the telehealth firm “unlawfully mass markets unapproved versions of Novo Nordisk’s FDA-approved semaglutide medicines, deceiving patients and putting their health at risk.”

In late January, Novo released a $149 per month Wegovy pill, with HIMS just days later releasing a GLP-1 copycat pill of Wegovy for $49 a month.

By late last week, FDA Commissioner Marty Makary warned against companies “mass-marketing illegal copycat drugs, claiming they are similar to FDA-approved products.”

Then, on Saturday, not even a day after Makary’s comments, HIMS pulled the GLP-1 copycat pill …

Back to Novo’s lawsuit.

Here are the three takeaways:

  • Hims & Hers unlawfully mass markets unapproved versions of Novo Nordisk’s FDA-approved semaglutide medicines, deceiving patients and putting their health at risk

  • Novo Nordisk takes decisive legal action to stop Hims’ illegal conduct, protect public health, and defend the scientific innovations that deliver better health outcomes to Americans living with serious chronic diseases like obesity and diabetes

  • Novo Nordisk is asking the court to permanently ban Hims from selling unapproved, compounded drugs that infringe our patents, and is seeking to recover damages

Hims & Hers is mass marketing unapproved knock-off versions of Wegovy and Ozempic that evade the FDA’s gold standard review process – that’s dangerous and deceptive to patients, and undermines the scientific innovation and regulatory rigor in place to ensure these treatments are safe and effective,” John F. Kuckelman, senior vice president, Group General Counsel, Global Legal, IP and Security, wrote in a statement.

Kuckelman noted, “We’ve taken legal action to protect the American public and our intellectual property and will continue to work with regulators, law enforcement, and other key stakeholders to ensure patients have access to FDA-approved safe and effective medicines.”

In markets, HIMS shares fell 20% in New York premarket trading after its GLP-1 copycat pill was pulled, with additional pressure from Novo’s lawsuit.

On the other hand, Novo Shares in Denmark moved up 7%. Shares were beaten down last week amid a dismal full-year earnings outlook and HIMS’ GLP-1 copycat pill.

Here’s our coverage on the HIMS-Novo feud:

Citi analyst Daniel Grosslight told clients that the FDA’s crackdown on HIMS’ “aggressive compounding practices” suggests there could be further downside if the FDA “completely eliminates or severely curtails” HIMS’ ability to compound GLP-1s. He rates the stock “Sell” and slashed his price target to $16.50 from $30.

Tyler Durden
Mon, 02/09/2026 – 08:25

via ZeroHedge News https://ift.tt/frQ1z0j Tyler Durden