Monday, May 06, 2019


Donald Trump says Kim Jong-un will not interfere with economic potential of North Korea

I have long said that economics was Mr Kim's motive in wanting change.  With hugely prosperous China to his North and hugely prosperous South Korea to his South, he has got to be envious.  And in both cases a market economy has brought that prosperity.  So he wants to set that up for North Korea.  I see from the report below that Mr Trump has a similar analysis

Trump has said that Kim Jong-un would not do anything to jeopardise a deal with the US after North Korea allegedly test-fired missiles.

US President Donald Trump has reiterated his confidence a deal will be reached with North Korea as the South called on its neighbour to “stop acts that escalate military tension on the Korean Peninsula”.

North Korea fired several “unidentified short-range projectiles” into the sea off its east coast on Saturday. South Korean military initially described it as a missile launch but subsequently gave it a more vague description.

The South Korean military said it was conducting joint analysis with the US of the latest launches. Experts say the projectiles appeared to come from multiple rocket launchers, and were not ballistic missiles.

In a Twitter message on Saturday morning, Mr Trump said he was still confident he could reach a deal with North Korean leader Kim Jong-un.

“I believe that Kim Jong-un fully realises the great economic potential of North Korea, & will do nothing to interfere or end it,” Mr Trump wrote. “He also knows that I am with him & does not want to break his promise to me. Deal will happen!”

Talks stalled after a second summit between Kim and Trump in Hanoi in February failed to produce a deal to end Pyongyang’s nuclear program in return for sanctions relief.

Analysts suspect the flurry of military activity by Pyongyang was an attempt to exert pressure on the US to give ground in negotiations.

Trump raised the issue of North Korea during a telephone call with Russian President Vladimir Putin on Friday.

White House Press Secretary Sarah Sanders said Trump told Putin several times “the need and importance of Russia stepping up and continuing to put pressure on North Korea to denuclearise”.

During a summit with Putin in late April, North Korea’s Kim said peace and security on the Korean peninsula depended on the US, warning that a state of hostility could easily return, according to North Korean media.

SOURCE 

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1,860 unconstitutional FDA rules

Will the Food and Drug Administration (FDA) change its rule-making practices when it learns that 98 percent of its regulations since 2001 were unconstitutional? That’s the figure we uncovered in a comprehensive study examining 2,952 Health and Human Services (HHS) regulations issued during a 17-year period.

If a federal agency enforces even one invalid rule against Americans, it breaches the public trust and the rule of law. Enforcing 100 invalid rules would constitute an unprecedented threat to democratic principles from a lawless agency. What we found at FDA dwarfs those figures. From early 2001 to early 2018, FDA issued 1,860 unconstitutional rules.

Though we didn’t know the full scale of the problem, we broke the news of FDA’s unconstitutional rule-making practices a year ago with our lawsuit challenging the FDA’s “deeming rule.” That regulation made vaping product retailers subject to the same requirements as cigarette manufacturers under the Tobacco Control Act. We explained that the deeming rule was not just bad policy, it also was illegal: a career civil-service employee named Leslie Kux signed and issued that rule, even though she had no constitutional authority to do so.

Because Kux was never nominated by the president, confirmed by the Senate, nor hired by the HHS secretary pursuant to a congressional authorization, she could not be an “officer of the United States” as the Constitution defines that term. Career employees such as Kux (who worked at the FDA for 30 years) fill vital staff roles in federal agencies, but they are not democratically accountable for significant policy decisions. Kux’s exercise of rule-making power — the power to issue final regulations that are binding on citizens — was an impermissible end-run around the Constitution’s Appointments Clause, which allows only officers to exercise such coercive governmental power.

The deeming rule litigation is ongoing. Tellingly, the FDA demonstrated its fear that the rule is in jeopardy this month by seeking to cure the constitutional problem with a letter from FDA Commissioner Scott Gottlieb two days before he left office, purporting to “ratify” the rule Kux illegally issued three years ago. The FDA still refuses to acknowledge its past violations of law; Gottlieb denied there was any problem to cure in his litigation-induced letter, but his unusual action speaks louder than his denial. What’s worse, FDA has not altered its unconstitutional practice of career employee rule-making.

We were curious just how common that practice is. In the study released today, Pacific Legal Foundation looked at every rule issued by HHS agencies from Jan. 20, 2001, through the first year of the Trump administration. Among this database of 2,952 rules, we found that 71 percent were unconstitutional, the great majority of which were issued by career staff.

The primary culprit at HHS is FDA. Since 98 percent of FDA rules were unconstitutional (all of those were issued by career employees), and FDA issues so many rules, FDA’s illegal practices skew HHS totals. For FDA rules, the signature of the Senate-confirmed FDA commissioner or HHS secretary is the rare exception. Instead of taking responsibility for the vast majority of FDA rules, the constitutional officers left final rule-making decisions to what some have dubbed “the deep state.”

The study by Angela Erickson and one of us also determined that the employee-issued rules at FDA were not just insignificant ones — 25 unconstitutional FDA rules during the study period each had economic impacts of $100 million or more. Besides the deeming rule, the unconstitutional FDA rules include a counterproductive rule governing skim milk labels, an important (and beneficial) rule regarding the approval of generic drugs, and many more.

Interestingly, other components of HHS have not shown the same disregard for the Constitution, or at least not at the same level. For example, 75 percent of the Center for Medicare and Medicaid Services’ rules were issued by a Senate-confirmed officer, and most were countersigned by the HHS secretary. An even higher percentage of CMS’s substantive rules were constitutionally issued.

Overall, only 2 percent of HHS’s substantive unconstitutional rules were issued by agencies outside the FDA. Compliance with the Constitution clearly is not too much to ask, and it does not bring the process of issuing important regulations to a halt. Instead, it ensures that Senate-confirmed officers are accountable for — and make the final decision regarding — rules that bind the public, as the people who ratified the Constitution insisted.

How could such a blatant violation of the Constitution go unnoticed for so long? An FDA commissioner in 1991 didn’t want the responsibility or distraction that issuing rules imposed and delegated that task to FDA career staff. Once the bureaucracy took over, no one ever thought hard enough about whether that was constitutional. In a similar vein, the Supreme Court ruled last year in Lucia v. S.E.C. that the Securities and Exchange Commission (SEC) had been violating the Appointments Clause for decades in selecting its administrative law judges.

Ignorance or negligence is how such failures start, but stubbornness and imperious attitudes keep them going. At FDA, Leslie Kux and her career employee successor keep issuing rules, putting new regulations in continued legal jeopardy.

Like the SEC violation, the problem we uncovered at HHS will not go away if left to the career staff illegally wielding power. The longer agencies allow rule-making to continue deep within the bureaucracy, the more rules (good and bad) are jeopardized. Other lawsuits surely will follow ours, yet responsible elected officials should not wait for courts to force action. After all, employee rule-making is not merely a legal problem. Regardless of its constitutionality, it’s a monumental lapse in democratic accountability.

Agency heads should act promptly to ensure that future rules are signed by Senate-confirmed officers. Congress should assert its prerogative to prohibit delegations of rule-making power from Senate-confirmed officers to employees. And President Trump, with a stroke of his pen, could order that all rules issued in his administration are signed by Senate-confirmed officers.

The current administration committed to reducing the regulatory burden, and numerous members of Congress from both parties share this goal. For these reform-minded leaders, ending the unconstitutional practice of employee rule-making should be a top priority.

SOURCE 

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Clinton Projection Syndrome
   
Hillary Clinton recently editorialized about the second volume of special counsel Robert Mueller’s massive report. She concluded of the report’s assorted testimonies and inside White House gossip concerning President Trump’s words and actions that “any other person engaged in those acts would certainly have been indicted.”

Psychologists might call her claims “projection.” That is the well-known psychological malady of attributing bad behavior to others as a means of exonerating one’s own similar, if not often even worse, sins.

After 22 months of investigation and $34 million spent, the Mueller report concluded that there was no Trump-Russia collusion — the main focus of the investigation — even though that unfounded allegation dominated print and televised media’s speculative headlines for the last two years.

While Mueller’s report addressed various allegations of Trump’s other roguery, the special counsel did not recommend that the president be indicted for obstruction of justice in what Mueller had just concluded was not a crime of collusion.

What Mueller strangely did do — and what most federal prosecutors do not do — was cite all the allegedly questionable behavior of a target who has just been de facto exonerated by not being indicted.

What Mueller did not do was explain that much of the evidence he found useful was clearly a product of unethical and illegal behavior. In the case of the false charge of “collusion,” the irony was rich.

Russians likely fed salacious but untrue allegations about Trump to ex-British spy Christopher Steele, who was being paid in part by the Hillary Clinton campaign and the Democratic National Committee to find dirt on Trump.

The Russians rightly assumed that Steele would lap up their fantasies, seed them among Trump-hating officials in the Barack Obama administration and thereby cause hysteria during the election, the transition and, eventually, the Trump presidency.

Russia succeeded in sowing such chaos, thanks ultimately to Clinton, who likely had broken federal laws by using a British national and, by extension, Russian sources to warp an election. Without the fallacious Steele dossier, the entire Russian collusion hoax never would have taken off.

Without Steele’s skullduggery, there likely would have been no Foreign Intelligence Surveillance Act Court-approved surveillance of Trump aide Carter Page. There might have been no FBI plants inserted into the Trump campaign. There might have been no subsequent leaking to the press of classified documents to prompt a Trump collusion investigation.

Given the Steele travesty and other past scandals, it is inexplicable that Clinton has not been indicted.

Her lawlessness first made headlines 25 years ago, when she admitted that her cattle futures broker had defied odds of one in 31 trillion by investing $1,000 from her trading account and returning a profit of nearly $100,000. Clinton failed to report about $6,500 in profits to the IRS. She initially lied about her investment windfall by claiming she made the wagers herself. She even fantastically alleged that she mastered cattle futures trading by reading financial newspapers.

To paraphrase Clinton herself, anyone else would have been indicted for far less.

The reason that foreign oligarchs are no longer donating millions of dollars to the Clinton Foundation, and that Bill Clinton is not being offered $500,000 for speaking appearances in Moscow, is simply because Hillary Clinton is not secretary of state. She is no longer in a public position to hector her colleagues into approving pro-Russian commercial deals, such as the one that gave Russian interests access to North American uranium.

As secretary of state, Clinton also sidestepped the law by setting up a home-brewed email server. She transmitted classified documents over this insecure route and lied about it. And she destroyed some 30,000 emails that were in effect under subpoena. Anyone else would have been indicted for far less.

In truth, Clinton was at the heart of the entire Russian collusion hoax. Even after the election, she kept fueling it to blame Russia-Trump conspiracies for her stunning defeat in 2016. Unable to acknowledge her own culpability as a weak and uninspiring candidate, Clinton formally joined the post-election “resistance” and began whining about collusion. That excuse seemed preferable to explaining why she blew a huge lead and lost despite favorable media coverage and superior funding.

For much of her professional life, Hillary Clinton had acted above and beyond the law on the assumption that as the wife of a governor, as first lady of the United States, as a senator from New York, as secretary of state and as a two-time candidate for the presidency, she could ignore the law without worry over the consequences.

For Clinton now to project that the president should be indicted suggests she is worried about her own potential indictment. And she is rightly concerned that for the first time in 40 years, neither she nor her husband is serving in government or running for some office, and therefore could be held accountable.

SOURCE 

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Socialists like Bernie Sanders tell us that “the rich get richer, and the poor get poorer.”

That’s a lie. Yes, rich people got absurdly rich. Last year, says Oxfam, “the wealth of the world’s billionaires increased (by) $2.5 billion a day.”

I say, so what? The poor did not get poorer. Bernie’s wrong about that. The poor are much better off.

“As we’ve increased the number of billionaires around the world, extreme poverty has shrunk,” says former investment banker Carol Roth in my video about inequality.

She is right. Over the past 30 years, more than a billion people climbed out of extreme poverty. Thanks to capitalism, more than a billion people no longer struggle to survive on a few pennies a day.

Bernie is correct when he says that the wealth gap between rich and poor grew. In America over the last 40 years, the richest people got 200 percent richer, while poor Americans got just 32 percent richer. But again, so what?

Gaining 32 percent is a very good thing (all these numbers are adjusted for inflation). Everyone’s better off, despite the improvement not being even. It never is.

Now the myth: The media claim in America there’s “a lack of income mobility” — that people born poor are likely to stay poor.

Some do. It’s true that people with rich parents have a big advantage. But it’s a myth that Americans are locked into their economic class.

Economists at Harvard and Berkeley crunched the numbers and found most people born to the richest fifth of Americans fell out of that bracket within 20 years.

Likewise, most born to the poorest fifth climb to a higher quintile. Some make it all the way to the top. In fact, says Roth, “3 out of 4 Americans will hit that top 20 percent at some point in their lifetime.”

You see America’s income mobility on the Forbes richest list. Most of the billionaires are self-made. They didn’t inherit money. They created their wealth.

Still, the very rich are ridiculously rich. The Forbes billionaires have more money than the bottom 64 percent of the U.S. population.

“Unfair!” say the progressives. “It doesn’t matter if nearly everyone got richer, income inequality itself is a huge problem.  It’s “threatening to tear us apart!” says New York City Mayor Bill De Blasio.

It might, if people come to believe that inequality itself is evil. But one question: Why is that true?

Progressives like to point out that in Scandinavian countries, people say they are happier than Americans. Scandinavians have more equal incomes than Americans. But that proves nothing. Incomes are more equal in Afghanistan, too. Incomes are more equal when everyone is poor.

Forget money for a moment and think about how impossible it would be to make everyone equal.

I’ll never sing as well as Adele or play basketball like LeBron. The best athletes, singers, dancers, etc., are just physically different. I’ll never be as self-confident as Donald Trump or as verbally smooth as AOC.

“There’s inequality in everything. There’s inequality in free time, inequality in parents. I don’t have any parents or grandparents,” says Roth. “I have two kidneys. There are people out there who need one, don’t have one that functions. Should the government take my kidney because somebody else needs it?”

I suggest to her that some people having so much more than others is just inherently unfair.

“Life is unfair!” she replied. “Unfair is good. Unfair is a feature. It’s not a bug!”

Certainly, it’s wrong if government makes rules that create inequality. Racist laws forbidding some ethnic groups to do business where they please, or restricting where they live, are evil. So are government subsidies to rich people and well-connected corporations.

But allowing people to be different from one another, to employ their unique talents and succeed or fail by them, to rise as high as the market will bear — that’s an important part of freedom.

We won’t all end up in the same place, but most of us will be more prosperous than if government decided our limits.

And we will be freer.

SOURCE 

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For more blog postings from me, see  TONGUE-TIED, EDUCATION WATCH INTERNATIONAL, GREENIE WATCHPOLITICAL CORRECTNESS WATCH, AUSTRALIAN POLITICS, and Paralipomena (Occasionally updated),  a Coral reef compendium and an IQ compendium. (Both updated as news items come in).  GUN WATCH is now mainly put together by Dean Weingarten. I also put up occasional updates on my Personal blog and each day I gather together my most substantial current writings on THE PSYCHOLOGIST.

Email me  here (Hotmail address). My Home Pages are here (Academic) or  here (Pictorial) or  here  (Personal)

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