Posts Tagged ‘Gary Gensler’

Paxton Sues To Stop Fed Crypto Power Grab

Monday, November 18th, 2024

Another week, another Ken Paxton lawsuit against federal overreach, this time on the cutting edge of cryptocurrency regulation.

A group of states is suing the Security Exchanges Commission (SEC), claiming the commission is overstepping its authority in regulating digital assets like cryptocurrencies — arguing that the SEC’s actions stifle state-level innovation and impose federal control without congressional approval.

Eighteen state attorneys general have joined the lawsuit, one of which is Texas Attorney General Ken Paxton, in addition to DeFi Education Fund, a nonpartisan research and advocacy group.

Along with naming the SEC directly in the complaint, it also lists SEC Chair Gary Gensler, among other officials.

If Gensler’s name rings a vague bell, it may be because he was the chief financial officer for Hillary Clinton’s ill-fated presidential run.

The states want the court to stop the SEC from enforcing regulations and allow them to manage digital assets with their own laws.

“The SEC’s sweeping assertion of regulatory jurisdiction is untenable,” the suit states. “The digital assets implicated here are just that — assets, not investment contracts covered by federal securities laws.”

“They do not entail any traditional investment relationship, in which the investor invests capital and the promoter assumes an ongoing obligation to use that capital in a common enterprise to generate returns that the investor will share.”

The lawsuit goes on to explain that the laws defining what counts as an “investment contract” were written in a clear way, and past U.S. Supreme Court decisions support this definition. Because of this, the complaint asserts, the SEC does not have broad authority to regulate all digital asset transactions as if they were securities. The argument is that the SEC is overreaching beyond what these laws and past rulings allow.

The complaint, filed in Kentucky district court, is asking the court to declare that digital asset transactions are not considered securities if they don’t involve a promise to manage assets for profit. They also want the court to stop the SEC from forcing digital asset platforms to register as securities-related businesses if they don’t meet those conditions. Additionally, the states claim the SEC broke rules by not following proper procedures.

Snip.

While on the campaign trail, President-elect Donald Trump vowed to protect the blockchain industry, making a bevy of promises to crypto enthusiasts.

Trump took the stage at the Libertarian National Convention back in May, where he promised to stop “Joe Biden’s crusade to crush crypto.” In July he said he would “fire Gary Gensler” on day one of his new administration.

“No longer will your government sit by and watch as Bitcoin jobs and businesses flee to other countries, because America’s laws are too unclear and too tough and too angry and too stiff,” Trump said while delivering the keynote address at a Bitcoin conference. “We will keep each and every Bitcoin job in the United States of America, that’s what we’re going to be doing.”

Texas has become a major center of the crypto and Bitcoin industry in America. Sen. Ted Cruz (R-TX) is a vocal advocate for the emerging finance sector, and Gov. Greg Abbott signaled he will continue to be friendly to the crypto community, describing himself as a “crypto law proposal supporter.”

There’s a long-running debate about just what the hell cryptocurrencies are under federal law. Unlike other securities (say, a stock or bond), a unit of cryptocurrency is not a token that represents a tangible legal entity in the real world. It’s not a currency as traditionally understood, as it is not backed by specie or the power and authority of a government. It’s not a commodity, because what commodity can be moved across the world at the speed of light?

If it doesn’t actually fit the profile of anything that legislation has specified that the government regulates, then maybe, as Paxton et al assert, then the federal government shouldn’t regulate it. That would seem to be the proper constitutional interpretation under the Tenth Amendment.

While I’m still skeptical of the long-term usefulness of cryptocurrency (though with Bitcoin hovering around $90,000, I sure wish I had mined some back when it was easier to do), the Trump Administration is filled with very smart people who believe in Bitcoin and other cryptocurrencies. History teaches us that it’s best to let new technologies shake out without government interference, so let’s hope Paxton and company’s lawsuit succeeds.

LinkSwarm For December 16, 2022

Friday, December 16th, 2022

Democrats being soft on criminals, pedophiles and common sense highlights this week’s LinkSwarm.



  • Man, there sure seems to be a lot of funny number counting going on in Philadelphia.

    Regular readers are well aware that back in July, Zero Hedge first (long before it became a running theme among so-called “macro experts”) pointed out that a gaping 1+ million job differential had opened up between the closely-watched and market-impacting, if easily gamed and manipulated, Establishment Survey and the far more accurate if volatile, Household Survey – the two core components of the monthly non-farm payrolls report.

    We first described this divergence in early July, when looking at the June payrolls data, we found that the gap between the Housing and Establishment Surveys had blown out to 1.5 million starting in March when “something snapped.” We described this in “Something Snaps In The US Labor Market: Full, Part-Time Workers Plunge As Multiple Jobholders Soar.”

    Since then the difference only got worse, and culminated earlier this month when the gap between the Establishment and Household surveys for the November dataset nearly doubled to a whopping 2.7 million jobs, a bifurcation which we described in “Something Is Rigged: Unexplained, Record 2.7 Million Jobs Gap Emerges In Broken Payrolls Report.”

    Snip.

    We bring all this up again because late on Dec 13, the Philadelphia Fed published something shocking: as part of the regional Fed’s quarterly reassessment of payrolls in the form of an “early benchmark revision of state payroll employment”, the Philly Fed confirmed what we have been saying since July, namely that US payrolls are overstated by at least 1.1 million, and likely much more!

    And the correction came after the midterms! What are the odds?

  • Accused FTX crypto fraudster Sam Bankman-Fried arrested in the Bahamas.

    The Royal Bahamas Police Force took the failed financial tech entrepreneur into custody after the U.S. filed criminal charges against him, according to a press statement. FTX, which Bankman-Fried founded, imploded in November, costing investors millions of dollars in losses. The fallen businessman has been accused of misusing customer funds deposited with FTX to artificially prop up another one of his enterprises: a crypto hedge fund, Alameda Research, which he operated simultaneously while seemingly evading financial ethics scrutiny.

  • “Ukrainian Military Is Targeting Russian Fuel Supply Lines As Winter Approaches.” (Hat tip: Stephen Green at Instapundit.)
  • Did Russian forces have a torture chamber for children in Ukraine?
  • “SEC Chairman Gensler Scrubbed Evidence Of Clinton, Soros And Pelosi Meetings.”
  • Speaking of abusing children: “Former CNN Producer Pleads Guilty In Pedo Scandal. Former CNN producer John Griffin, who worked ‘shoulder to shoulder’ with Chris Cuomo, pleaded guilty on Monday in federal court to using interstate commerce to entice and coerce a 9-year-old girl to engage in sexual activity as his Vermont ski house. This is a different CNN pedophile than Jake Tapper’s former producer, Rick Saleeby, who resigned after it emerged that he solicited sexually explicit photos of an underage girl.”
  • Speaking pedophiles: “Mother of Child Rape Victim Sues Virginia Soros Prosecutor in Federal Court.”

    The mother of an 11-year-old rape victim is suing a George-Soros backed prosecutor in Virginia who let the boy’s rapist walk free, alleging the prosecutor’s actions violated the minor’s civil rights and made him fear for his physical safety.

    Amber Reel in November filed the federal lawsuit on behalf of her son after Fairfax County commonwealth’s attorney Steve Descano (D.) let the rapist walk. Court filings show Descano was months late in sharing necessary evidence before a September trial, dooming the case and forcing his office to enter into a lesser plea deal with the rapist the same month. Ronnie Reel, who was released on time served, had faced life in prison for forcibly sodomizing the minor. Reel is the victim’s uncle.

    This is the second high-profile case in the last month where the Soros prosecutor freed a dangerous offender. In December, Descano struck a plea deal that would clear the record of a man who fired his gun into a crowded Virginia bar. Soros donated more than half a million dollars to Descano’s 2019 campaign.

    A grand jury had already indicted Reel in February for sodomy and aggravated sexual battery, and the case was set for trial in September. But Descano’s office didn’t share evidence with the public defender before trial, bungling Reel’s prosecution with its “woefully, woefully missed” deadlines. The case’s presiding judge said Descano’s office did a “disservice to the victim” and was “very concerning to the court.”

    Because he dodged a felony sex crime conviction, Reel won’t have to register as a sex offender and won’t be barred from holding jobs in schools or other places that would put him near children. The victim and his mother in their suit say Descano’s “deliberate indifference represents egregious conduct that is shocking to the conscience.”

    (Hat Tip: Instapundit.)

  • Speaking of pedophile friendly Democrats: “During the hearing before the House Oversight and Reform Committee, California [Democratic] Rep. Katie Porter asserted that the phrase “groomer” is a “lie” used to maliciously discriminate against LGBTQ+ people and make them appear to be a “threat.” “You know, this allegation of ‘groomer’ and ‘pedophile,’ it is alleging that a person is criminal somehow and engaged in criminal acts merely because of their gender identity, their sexual orientation, their gender identity.” Yes, if your “gender identity” is “I like to have sex with children,” then yes, you’re a pedophile, and if you tell elementary school children what sort of sex you have, then yes, you’re a groomer.
  • Speaking of Democrats being on the side of criminals, Oregon’s outgoing Democratic governor Kate Brown commuted the life of every death row inmate to life in prison.
  • Speaking of Democrat-run locales letting criminals walk free, a fire destroyed decades worth of NYPD-stored evidence.
  • “Federal Judge Prevents Biden’s DHS From Ending Trump’s ‘Remain in Mexico’ Policy.” Good. (Hat tip: Stephen Green at Instapundit.)
  • Kirk Watson, the less heinous of the two remaining Democrats in the runoff for Austin mayor, defeated state Rep. Celia Israel.

    Former state Sen. Kirk Watson (D-Austin) will be the next mayor of Austin about two decades after he left that same office in the early aughts.

    He defeated state Rep. Celia Israel (D-Austin) by a slim margin after finishing second in the general election. He’ll serve as mayor for the next two years before having to seek re-election in 2024 due to redistricting.

    Watson lost Travis County, the city’s largest portion, by 17 votes while winning Williamson county by 881 and Hays County by 22. During the general and runoff races, he outspent Israel by a wide margin.

    The two candidates sparred over housing and homeless policy during the general election and the runoff. About one-third of the voting population turned out to vote in the runoff versus the November 8 general.

    Watson will take over for Mayor Steve Adler after his self-described “disruptive” tenure marked by a lingering homelessness problem, public fallout and a declining relationship with the police department, and a cumbersome and increasingly costly light rail transit project.

  • Japan buys the Tomahawk missile.

    The United States has always had kind of a friends and family plan that it sells military gear to, but it has always reserved the very top top top stuff for itself and the Brits. Well, in this calendar year we have already seen the first two exceptions to that policy being made. The United States is sending air-launch cruise missiles and nuclear-powered submarines to the Australians. And now we’re giving Tomahawks to the Japanese, giving both of these countries the ability to independently destroy China’s economic links to the wider world without any additional help from the United States. And this sudden proliferation of countries that can now bring China to their knees independently, this is arguably the biggest strategic development of the Year, even more so than the Ukraine war, because it takes what has become the world’s second largest economy and puts it completely at the mercy of the domestic politics of a third party, and now a fourth party.

  • Twitter ends their radical “Trust and Safety” Council. Good. Long overdue.
  • Oberlin College finally pays their judgment to Gibson’s Bakery. “The $25 million verdict plus interest and attorney’s fees resulted in an almost $32 million judgment, with interest running at about $4000 per day since June 2019. In all, over $36 million was owed.” Cudos to William A. Jacobson at Legal Insurrection for his thorough, ongoing coverage of this story from beginning to end.
  • New York City Mayor Eric Adams finally allows police to take mentally ill people off the street. Long overdue.
  • NBC News Suspends Reporter Ben Collins Over His Elon Musk Coverage.” It seems that Collins was very, very upset that Matt Tiabbi was allowed to speak truths about twitter’s previous abuses that went against The Narrative. (Hat tip: Ed Driscoll at Instapundit, whose tagline was “The Stig Loses His Car Keys.”)
  • Quis custodes corrumpit? “Bill Gates Donates $319 Million To Media”
  • How about “No.” Does “No” work for you? “Biden Wants $8 Billion In Taxpayer Funds To Shut Down Coal Power In South Africa.”
  • F-35B fighter crashes in the Metroplex. Fortunately the pilot safely ejected, and it appears that the airplane (which was undergoing testing for Lockheed) looks recoverable. To my untrained eye it looks like a stuck throttle.
  • “The US government is giving out free wasps.”
  • You may be cool, but chances are you’ll never be jump 100,000 feet from a ballon in space cool. Colonel Joseph William Kittinger II, RIP.
  • New York Democratic Rep. Alexandria Ocasio Cortez’s global warming film earns all of 80 dollars per screen.
  • World’s largest free-standing aquarium didn’t.
  • “Canadian Healthcare System Introduces Punch Card Where On Your 10th Visit You Get Free Suicide.”
  • “DOJ Arrests Sam Bankman-Fried For Running Out Of Bribery Money.”
  • Donna Brazile Admits Hillary Clinton Gutted the DNC And Wore Its Skin To Shovel More Campaign Cash Into Her Gaping Maw

    Friday, November 3rd, 2017

    It’s been a ten pound week in a five pound bag, but there’s no rest for the wicked working the Clinton Corruption beat, so let’s just jump into this inescapable top story:

    I had promised Bernie [Sanders] when I took the helm of the Democratic National Committee after the convention that I would get to the bottom of whether Hillary Clinton’s team had rigged the nomination process, as a cache of emails stolen by Russian hackers [No proof they were Russian hackers. -LP] and posted online had suggested. I’d had my suspicions from the moment I walked in the door of the DNC a month or so earlier, based on the leaked emails. But who knew if some of them might have been forged? I needed to have solid proof, and so did Bernie.

    So I followed the money. My predecessor, Florida Rep. Debbie Wasserman Schultz, had not been the most active chair in fundraising at a time when President Barack Obama’s neglect had left the party in significant debt. As Hillary’s campaign gained momentum, she resolved the party’s debt and put it on a starvation diet. It had become dependent on her campaign for survival, for which she expected to wield control of its operations.

    Debbie was not a good manager. She hadn’t been very interested in controlling the party—she let Clinton’s headquarters in Brooklyn do as it desired so she didn’t have to inform the party officers how bad the situation was. How much control Brooklyn had and for how long was still something I had been trying to uncover for the last few weeks.

    By September 7, the day I called Bernie, I had found my proof and it broke my heart.

    * * *

    The Saturday morning after the convention in July, I called Gary Gensler, the chief financial officer of Hillary’s campaign. He wasted no words. He told me the Democratic Party was broke and $2 million in debt.

    “What?” I screamed. “I am an officer of the party and they’ve been telling us everything is fine and they were raising money with no problems.”

    That wasn’t true, he said. Officials from Hillary’s campaign had taken a look at the DNC’s books. Obama left the party $24 million in debt—$15 million in bank debt and more than $8 million owed to vendors after the 2012 campaign and had been paying that off very slowly. Obama’s campaign was not scheduled to pay it off until 2016. Hillary for America (the campaign) and the Hillary Victory Fund (its joint fundraising vehicle with the DNC) had taken care of 80 percent of the remaining debt in 2016, about $10 million, and had placed the party on an allowance.

    If I didn’t know about this, I assumed that none of the other officers knew about it, either. That was just Debbie’s way. In my experience she didn’t come to the officers of the DNC for advice and counsel. She seemed to make decisions on her own and let us know at the last minute what she had decided, as she had done when she told us about the hacking only minutes before the Washington Post broke the news.

    On the phone Gary told me the DNC had needed a $2 million loan, which the campaign had arranged.

    “No! That can’t be true!” I said. “The party cannot take out a loan without the unanimous agreement of all of the officers.”

    “Gary, how did they do this without me knowing?” I asked. “I don’t know how Debbie relates to the officers,” Gary said. He described the party as fully under the control of Hillary’s campaign, which seemed to confirm the suspicions of the Bernie camp. The campaign had the DNC on life support, giving it money every month to meet its basic expenses, while the campaign was using the party as a fund-raising clearing house. Under FEC law, an individual can contribute a maximum of $2,700 directly to a presidential campaign. But the limits are much higher for contributions to state parties and a party’s national committee.

    Individuals who had maxed out their $2,700 contribution limit to the campaign could write an additional check for $353,400 to the Hillary Victory Fund—that figure represented $10,000 to each of the thirty-two states’ parties who were part of the Victory Fund agreement—$320,000—and $33,400 to the DNC. The money would be deposited in the states first, and transferred to the DNC shortly after that. Money in the battleground states usually stayed in that state, but all the other states funneled that money directly to the DNC, which quickly transferred the money to Brooklyn.

    “Wait,” I said. “That victory fund was supposed to be for whoever was the nominee, and the state party races. You’re telling me that Hillary has been controlling it since before she got the nomination?”

    Gary said the campaign had to do it or the party would collapse.

    “That was the deal that Robby struck with Debbie,” he explained, referring to campaign manager Robby Mook. “It was to sustain the DNC. We sent the party nearly $20 million from September until the convention, and more to prepare for the election.”

    “What’s the burn rate, Gary?” I asked. “How much money do we need every month to fund the party?”

    The burn rate was $3.5 million to $4 million a month, he said.

    I gasped. I had a pretty good sense of the DNC’s operations after having served as interim chair five years earlier. Back then the monthly expenses were half that. What had happened? The party chair usually shrinks the staff between presidential election campaigns, but Debbie had chosen not to do that. She had stuck lots of consultants on the DNC payroll, and Obama’s consultants were being financed by the DNC, too.

    When we hung up, I was livid. Not at Gary, but at this mess I had inherited. I knew that Debbie had outsourced a lot of the management of the party and had not been the greatest at fundraising. I would not be that kind of chair, even if I was only an interim chair. Did they think I would just be a surrogate for them, get on the road and rouse up the crowds? I was going to manage this party the best I could and try to make it better, even if Brooklyn did not like this. It would be weeks before I would fully understand the financial shenanigans that were keeping the party on life support.

    * * *

    Right around the time of the convention the leaked emails revealed Hillary’s campaign was grabbing money from the state parties for its own purposes, leaving the states with very little to support down-ballot races. A Politico story published on May 2, 2016, described the big fund-raising vehicle she had launched through the states the summer before, quoting a vow she had made to rebuild “the party from the ground up … when our state parties are strong, we win. That’s what will happen.”

    Yet the states kept less than half of 1 percent of the $82 million they had amassed from the extravagant fund-raisers Hillary’s campaign was holding, just as Gary had described to me when he and I talked in August. When the Politico story described this arrangement as “essentially … money laundering” for the Clinton campaign, Hillary’s people were outraged at being accused of doing something shady. Bernie’s people were angry for their own reasons, saying this was part of a calculated strategy to throw the nomination to Hillary.

    I wanted to believe Hillary, who made campaign finance reform part of her platform, but I had made this pledge to Bernie and did not want to disappoint him. I kept asking the party lawyers and the DNC staff to show me the agreements that the party had made for sharing the money they raised, but there was a lot of shuffling of feet and looking the other way.

    When I got back from a vacation in Martha’s Vineyard [She was head of the DNC in the late phases of the 2016 campaign and she decided to go on vacation? -LP I at last found the document that described it all: the Joint Fund-Raising Agreement between the DNC, the Hillary Victory Fund, and Hillary for America.

    The agreement—signed by Amy Dacey, the former CEO of the DNC, and Robby Mook with a copy to Marc Elias—specified that in exchange for raising money and investing in the DNC, Hillary would control the party’s finances, strategy, and all the money raised. Her campaign had the right of refusal of who would be the party communications director, and it would make final decisions on all the other staff. The DNC also was required to consult with the campaign about all other staffing, budgeting, data, analytics, and mailings.

    I had been wondering why it was that I couldn’t write a press release without passing it by Brooklyn. Well, here was the answer.

    When the party chooses the nominee, the custom is that the candidate’s team starts to exercise more control over the party. If the party has an incumbent candidate, as was the case with Clinton in 1996 or Obama in 2012, this kind of arrangement is seamless because the party already is under the control of the president. When you have an open contest without an incumbent and competitive primaries, the party comes under the candidate’s control only after the nominee is certain. When I was manager of Gore’s campaign in 2000, we started inserting our people into the DNC in June. This victory fund agreement, however, had been signed in August 2015, just four months after Hillary announced her candidacy and nearly a year before she officially had the nomination.

    I had tried to search out any other evidence of internal corruption that would show that the DNC was rigging the system to throw the primary to Hillary, but I could not find any in party affairs or among the staff. I had gone department by department, investigating individual conduct for evidence of skewed decisions, and I was happy to see that I had found none. [I’m imagining Brazil going office to office and asking “Hey, Random DNC staffer, are you fair and impartial, or are you working only for Hillary Clinton?” Random: “Oh, I’m totally fair!” -LP] Then I found this agreement.

    The funding arrangement with HFA and the victory fund agreement was not illegal [I’m not so sure about that. -LP], but it sure looked unethical. If the fight had been fair, one campaign would not have control of the party before the voters had decided which one they wanted to lead. This was not a criminal act, but as I saw it, it compromised the party’s integrity.

    Some of the new details are welcome, though the fact that Clinton was using the DNC as her own personal money-laundering scam should be no surprise to anyone who follows this blog.

    If you wanted to destroy the Democratic Party, it would be harder to top the 1-2 punch of Obama-Clinton that’s left it broke and reeling. And all Trump Derangement Syndrome has done has distracted liberals from just how badly off their party is.

    But let’s be realistic: How on earth could the DNC pay for trivia like “running a political party” when there were all those Fusion GPS consultants to pay?

    (Probably pushing the LinkSwarm to Saturday. It’s been that kind of week…)