Bond jump should have been seen coming, yet the reaction is nevertheless a big rush to the exits
In what some are calling a Taper Tantrum, the markets dropped with a sense of purpose today, with little bounce after the close in the futures market. With Fed rate hikes now a certainty, inflation concerns real, and bond yields spiking today, there were plenty of things to point to as catalysts.
This could be, and this is extremely likely regardless of what endless permanent-bull commentators would have you believe, the start of a tough two months, with late September and October being known as a very dangerous time in markets, especially whey they exhibit pre-crash signs and warnings.
Insane valuations that have preceded past September / October disasters are back
It’s unbelievable that the fall of 2008, when the financial crisis came to a head with the Lehman Brothers collapse, was 13 years ago, and the prior peak in November 2007 was a full 14 years.
I guess we can observe that we now have the iPhone 13, with the iPhone “1” which was just called “iPhone” at the time, has been marking the time with yearly iterations, not always named in sequence:
iPhone: June 29, 2007
iPhone 3G: July 11, 2008
iPhone 3GS: June 19, 2009
iPhone 4: June 24, 2010
iPhone 4S: October 14, 2011
iPhone 5: September 21, 2012
iPhone 5S & 5C: September 20, 2013
iPhone 6 & 6 Plus: September 19, 2014
iPhone 6S & 6S Plus: September 19, 2015
iPhone 7 & 7 Plus: September 16, 2016
iPhone 8 & 8 Plus: September 22, 2017
iPhone XS, XS Max: September 21, 2018
iPhone 11, Pro, Pro Max: September 20, 2019
iPhone 12, Mini, Pro, Pro Max: October 23, 2020
iPhone 13, Mini, Pro, Pro Max, September 24, 2021
And during all these years, for the most part the artificially inflated Fed “bubble of everything” has continued.
Here is a disturbing chart, courtesy of Elliott wave International at Elliottwave.com:
This behavior, seen across nearly all markets since extreme measures were taken to respond when the March 2020 pandemic crash occurred, has been building to a crescendo. And today was a tiny pin-prick that could augur ill for October.
What this has led to, naturally, is an overvaluation beyond anything seen in modern times, perhaps 500 years. The previous all-time-peak for overvalued stocks (S&P) was in March 2000. August 2021 is far beyond that peak and likely will stand as the most overvalued moment for decades.
Unless, that is, somehow the insane valuations are pushed even higher. Which is unlikely, but not impossible, given the state of delusional euphoria that pervades the financial markets.
Many 2021 characteristics, such as the Crypto, NFT frenzy will be seen in a similar light to the tech stocks in 2000 or Real estate in 2007
There’s a sense that it is normal for bored apes NFTs to experience a multimillion dollar bidding wars, or for crypto alt coins with dog mascots to explode 10,000% or more during this, possibly final phase, of what has been called the “everything bubble”.
And why not? If you bought and held almost anything in March 2009 or again at the bottom of the crash on March 16, 2020, then you have seen nearly continuous gains that you’d be eager to risk on, well, anything.
And if you were 10 years old in the year 2000, you’d not have known about NASDAQ drops that take around 13 years to regain what was lost after a 1 year bear market, so why worry?
Perhaps the Fed and the markets seemingly infinite ability to expand and inflate will go on for years. Or the next bear, possibly the one that already kicked off today, and will accelerate into October, is one to take seriously.
Subpoenas have been issued for documents and testimony that held close ties to then-President Trump and were either working or had communications with the White House on in the the days leading to Jan 6th. An official press release revealed four individuals have been served and include: former WH Chief of Staff Mark Meadows, former WH Deputy Chief of Staff Daniel Scavino, Defense Dept Official Kashyap Patel, and lastly former advisor Stephen Bannon.
Chairman Bennie G. Thompson wrote:
“The Committee is investigating the facts, circumstances, and causes of the January 6th attack and issues relating to the peaceful transfer of power, to identify and evaluate lessons learned and to recommend corrective laws, policies, procedures rules, or regulations”
According to committee, Mark Meadows allegedly communicated with officials at the state level and Justice Dept in an effort to overturn 2020 election result ( or prevent its certification).
Kashyap Patel performed several national security jobs for Trump as well as served as Chief of Staff to then Defense Secretary Christopher Miller. Patel allegedly was in involved with discussions among senior Pentagon officials regarding Capitol security before and on Jan 6.
Daniel Scavino prior to Trump’s rally on the 6th took to his social media to encourage MAGA-ers to “be a part of history”. According to records obtain he also have text messages from the White House on Jan. 6.
Steve Bannon communicated with Trump around Dec 30 regarding focused efforts on or leading up to Jan. 6 and even told his War Room podcast listeners that “all hell was going to break loose”
The subpoenas instruct the witnesses to appear at depositions on the following dates and are required to produce all relevant documents by October 7th:
October 15, 2021: Mark Meadows and Daniel Scavino
October 14, 2021: Kashyap Patel and Stephen Bannon
The letters to the four witnesses can be found here:
Shocking. DTJ sues his own niece, Mary Trump along with The New York Times and several reporters (Suzanne Craig, David Barstow and Russ Buettner) for obtaining his tax documents used to investigate his finances.
The 2018 article which won a Pulitzer Prize which showcased how the former president “participated in dubious tax schemes during the 1990’s including instances of outright fraud, that greatly increased the fortune he received from his parents”.
The report reveal confidential tax returns and financial records, highlight that Trump received at least $413 million from his father’s real estate empire, although he always touted himself as a “self-proclaimed” billionaire.
“I think he is a loser, and he is going to throw anything against the wall he can. It’s desperation. The walls are closing in and he is throwing anything against the wall that he thinks will stick. As is always the case with Donald, he’ll try and change the subject.”
Facebook’s Mark Zuckerberg is said to be working on a rebranding plan. According to The New York Times, the plan which has come to be known internally as “Project Amplify” was signed off by the CEO and included a boost of pro-Facebook stories (written by the Facebook Team) onto its billions of users.
An internal meeting back in January hatched the initiative to showcase “positive” stories about the social network platform on its largest digital real estate, the News Feed.
Based on the report from the Times, some executives present at the meeting were “shocked” by the proposal.
Project Amplify also made strong attempts for the Facebook platform to distance itself from any scandals (i.e. minimizing access to negative reports) relating to Zuckerberg, while simultaneously, ramping up new stories that provided a more flattering spin on the social network.
When the iOS 15.1 update drops for the general public (likely soon as it’s already been seeded to beta testers since Monday) it will feature the ability to add your proof of vaccination status to the Health app and then create a vaccination ID card in Apple Wallet.
Many businesses, venues, restaurants, and more are requiring proof of vaccination for entry. For example California is the first state where proof of COVID vaccination or negative test for indoor events over 1,000 people.
The new feature in iOS 15.1 is made possible by the support Smart Health Cards which are valid for California, Louisiana, New York, Virginia, Hawaii, and some Maryland counties, as do Walmart, Sam’s Club, and CVS Health.
Above: ID in iPhone Wallet
Therefore, using this system you would be able to to look up their information in state databases, if you are in any of the states listed above, but if you were vaccinated through at Walmart or CVS it will also be feasible to add your information to the Health and Wallet.
Once you have gone to the web site for your state, for example in California it would be found at https://myvaccinerecord.cdph.ca.gov where you can type in personal information such as name and date of birth to get access to your records and status.
Though iOS 15 already has the ability to download the information to your Health app, and you can do this today, the last step, adding an ID to your wallet from the health app will not be possible until you have upgraded to iOS 15.1.
The record is locked to your name and can only be used by you. There will be a QR code that you will first download to your health app on the iPhone, then, once it is in the health app there will be a prompt to allow you to “add to wallet”. By clicking that link a vaccination ID car, with the QR code will be generated and added to your wallet.
iOS 15.1 is likely to be available under > General > software update in your phone’s Settings app within days. (Our guess is by Monday, September 27, 2021)
Tap the download link on your iPhone or iPod touch.
Tap Add to Health to add the record to the Health app.
House Bill Would Blow Up the Massive IRAs of the Superwealthy
Legislation currently making its way through Congress would take a sledgehammer to the massive individual retirement accounts built up tax-free by a select group of the ultrawealthy.
The proposal, which is part of the infrastructure and tax package advancing in the House, targets the jaw-dropping IRAs accumulated by multimillionaires and billionaires such as tech investor Peter Thiel, which were first reported by ProPublica earlier this year. Those accounts — Thiel’s alone was worth $5 billion in 2019 — have allowed some super-wealthy Americans to turn their Roth IRAs, tools meant to incentivize middle-class retirement saving, into supersized tax shelters.
The proposed reform, put forward by House Ways and Means Chairman Richard Neal, D-Mass., would effectively cap the total amount someone could hold in a Roth at $20 million and compel the holders of the giant accounts to withdraw anything over that limit. Separately, individuals would have to add up the balances of their retirement accounts — including Roths, traditional IRAs, 401(k)s and 403(b)s — and every year withdraw half of any amount over $10 million. The provisions would only apply to individuals with taxable income of over $400,000 or couples making over $450,000.
The reform wouldn’t affect the overwhelming majority of Americans, whose retirement savings (if they have any) are far more modest — the average Roth was worth just $39,108 at the end of 2018.
“Incentives in our tax code that help Americans save for retirement were never intended to enable a tax shelter for the ultra-wealthy,” Neal said earlier this year. “We must shut down these practices.”
Should the bill pass, it could have profound implications for PayPal founder Thiel, whose gargantuan Roth stunned lawmakers, spurring Neal to vow a crackdown. Thiel wouldn’t owe any tax up front and no early withdrawal penalties would apply, but he’d be required to move billions out of the tax-advantaged account. And any gains on investments made with that money would no longer be sheltered from taxes, potentially creating hundreds of millions of dollars in future tax liabilities.
Above: “I’ll Take Your Questions” book on inside secrets of the Trump final days, by Stephanie Grisham for aide to both Trump and Melania
The great appeal of the Roth IRA is that once money is inside it, any income generated — such as capital gains from selling a stock, investment interest or dividends — is tax-free, as long as the holder waits until he or she is 59 and a half to withdraw it. (Thiel hits that mark in 2027.) In a traditional IRA, by contrast, money that’s withdrawn counts as income and is taxed.
The IRA reforms are part of a slate of proposals designed to eliminate loopholes and boost tax rates on rich individuals and corporations.
Several of the changes address revelations contained in The Secret IRS Files, a series of ProPublica stories published this year that are exploring the ways the very richest Americans avoid paying taxes. Usually such efforts remain secret, but ProPublica has obtained a trove of tax records covering thousands of the country’s richest people. The records reveal not only the diverse array of tax-avoidance techniques used by the rich, but also that some of the very richest have consistently found ways to avoid taking income, so they pay little or no taxes, even as their wealth multiplied to historic levels.
The current House plan falls short of President Joe Biden’s more ambitious proposals to combat wealth inequality through the tax code. But experts say it would significantly increase the taxes paid by high-income Americans. Among other things, it would all but eliminate a major deduction created by President Donald Trump’s 2017 tax law that, as ProPublica recently reported, showered massive tax breaks on some of the richest families in the country.
Given the stakes for a small group of wealthy and powerful Americans, it’s unclear whether the IRA proposal, along with the rest of the package, will become law. It must pass the House and make it through the Senate, where it will likely need the votes of all 50 Democratic senators to pass. Capitol Hill staffers say the bill remains fluid and provisions could still be cut, added or modified.
For now, however, the proposal has alarmed those who stand to lose the most. Three tax lawyers told ProPublica that clients with giant IRAs have reached out to them, worried about the potential reforms. Already a lawyer and an accountant are offering a paid webinar that pitches strategies to help owners of large IRAs get around the proposed rules.
A spokesman for Thiel didn’t respond to a request for comment.
The tax proposals have drawn opposition from Republicans on Capitol Hill. “This is very bad news for the U.S. economy,” said Ways and Means Committee ranking member Rep. Kevin Brady, R-Texas, in an interview this week.
A budget analyst at the anti-tax Heritage Foundation specifically criticized the IRA reform proposals as “stifling retirement savings and decreasing the economy-wide investment in future productivity.”
Neal announced his plans to curb the size of mega IRAs in July following ProPublica’s story revealing how Thiel and other billionaires had amassed giant retirement accounts using techniques largely unavailable to most taxpayers. Other wealthy investors with giant retirement accounts included financier Michael Milken, Warren Buffett and executives from investment giant Bain Capital.
Neal joined his Senate counterpart, Ron Wyden, D-Ore., who had been pushing for reform of mega IRAs for years without much support from his peers.
With a multibillion-dollar tax-free account on the line, a wealthy investor might try to keep his income below the $400,000 threshold set by the proposal. In Thiel’s case, it’s not clear if that would be possible, given that he’s long reported tens of millions of dollars on his tax returns from capital gains, interest and dividends on investments he holds outside of his Roth IRA. And even if he has to withdraw billions from his Roth, he will never have to pay taxes on years of growth inside the account.
ProPublica has previously reported that several billionaires have had very little taxable income in certain years, including Jeff Bezos and Elon Musk. Musk did not respond to questions for that story and Bezos’ representatives would not designate someone to accept questions related to that story.
The proposal would also add restrictions in areas that congressional investigators have said are ripe for abuse by the wealthy: The owners of IRAs would be barred from using the accounts to either purchase certain nonpublic investments or buy stakes in companies in which they are an officer.
Thiel launched his Roth IRA by purchasing so-called founder’s shares of PayPal in 1999 when he was chairman and CEO of the company, according to tax records and a financial statement Thiel included in his application for residency in New Zealand. Securities and Exchange Commission records show he bought 1.7 million shares for $1,700, or a tenth of a penny per share. (The maximum contribution to a Roth that year was $2,000.) PayPal later told the SEC the shares were sold “below market value.”
The practice has become popular among the founders of Silicon Valley companies, who tuck shares of their startups into IRAs, often after buying them at bargain prices. This can sidestep IRA contribution limits and generate massive tax-free growth if the value of their companies explodes.
The proposal would also shut down the so-called backdoor Roth. ProPublica found that billionaires like Buffett had taken advantage of a maneuver, known as a conversion, that allows the wealthy to sidestep existing income caps to create a Roth IRA. In a conversion, the owner of a traditional IRA can transform it into a Roth by paying one-time tax on the money. Once the account is converted into a Roth, no additional income taxes are ever due. The new provision would bar conversions for individuals with income over $400,000, though the ban would not go into effect until 2031 for budgetary reasons. (Buffett previously didn’t respond to questions about his IRA.)
The proposal also has implications for the holders of giant traditional IRAs, who could suddenly owe a hefty tax bill. Money withdrawn from a traditional IRA counts as taxable income. Milken, the 1980s junk bond king who went to prison for fraud and was later pardoned by Trump, had traditional IRAs valued at $509 million at the end of 2018, according to tax records. If the law passed, Milken could face a tax bill of roughly $100 million, depending on the current size of his account. A spokesperson for Milken declined to comment.
Separately, another part of the bill would tackle the generous business income deductions granted by Trump’s 2017 tax law.
As ProPublica previously reported, the drafting of the deduction was marked by last-minute changes and a rush of lobbying dollars from corporations and the superrich. The result of its passage, confidential tax records show, was a windfall for billionaires such as media mogul Michael Bloomberg, packaging tycoons Dick and Liz Uihlein, and the Bechtel family, owners of a global engineering and construction firm.
Bloomberg received a deduction of roughly $183 million in 2018 alone as a result of the provision, while the Uihleins netted around $118 million.
Under the House proposal, the deduction would be capped at $400,000 for an individual and $500,000 for a couple, virtually wiping it out for the very rich. If such a cap had been in place in 2018, for example, the Uihleins would have gotten a deduction worth just $500,000 instead of $118 million. A competing Senate proposal unveiled by Wyden in July would go even further. A spokesperson for the Uihleins declined to comment on the proposed reforms.
On a broader level, the House plan would spell a significant tax hike on Americans earning more than $400,000, raising their individual income tax rates as well as bumping up the corporate tax rate, the first such hikes in a decade.
But despite the proposal’s ambition, critics say it misses a rare opportunity to capture the massive untaxed wealth of some of the richest individuals in history, including Bezos and Musk, who have often found ways to keep their income low.
As ProPublica reported, they and other billionaires have managed to pay little to no taxes in the past. Some have done so by pursuing the so-called buy, borrow, die strategy. By holding on to his Tesla stock but borrowing money to finance his lifestyle, Musk, for example, can avoid income that is taxable under current law. If he sticks to this strategy till death, the income tax liability on his fortune will evaporate for his heirs.
Some Democrats and policymakers had aspired to even bolder tax code changes that would have targeted the stratospheric increases in the ultrawealthy’s riches. One idea, championed by Sens. Elizabeth Warren, D-Mass., and Bernie Sanders, I-Vt., would be to levy a so-called wealth tax on billionaires’ overall holdings. Another, pushed by Wyden, would tax the annual gains billionaires logged, even if they hadn’t sold the assets. Both ideas foundered, with concerted opposition from billionaires and skittishness from Democratic centrists. Some critics point out that wealth taxes have often failed in other countries. And many policymakers believe it would be too logistically difficult to measure assets properly and enforce such a sweeping rule on gains.
Originally published on ProPublica by Justin Elliott, Patricia Callahan and James Bandler and republished under Creative Commons.
NYMag Article details this deceptive talking point endlessly repeated by the Right
It’s hard to trace the origin of the partially accurate, yet highly misleading, stat that has been so often used to refute the idea that the current tax burden in the U.S. is not falling enough on the richest 1% compared to the rest of society.
The stat, which under the very narrow definition of “taxes” as federal income tax, calculated separately from any other form of tax, is, in this narrow sense, basically true. This isolated and totally meaningless fact does not address the overall taxes paid by the “top 1%” (which itself is an arbitrary category).
The reality, when overall taxes paid are taken into account, as the NT Mag article points out, is actually much less dramatic and has completely different implications for any call to “tax the rich” which was made by Alexandria Ocasio-Cortez’s Dress, as an example.
First, the top 1% represent 21% of all income, which means, by the narrow definition of declared income for tax purposes, that they “earn” more than 20% of the total income declared.
Further, this does not include the loopholes that allow billionaires to have virtually no declarable income and still avoid capital gains taxes via Roth IRAs and other methods, even as the calculated net worth of theses individuals increases by billions.
Opinion: ultimately, rather than defending the current system as if it is already adequate and somehow fair, the facts show that, on so many levels it’s hard to delineate them all, the system is functioning in a way that is not only unfair, but so corrupt that change would need to be nearly total before it could even be accurate to say that it was functioning fairly for the majority.
According to the article, the actual stat, with the above dodges, that are universally used, still not taken into account, is that: “the richest one percent earn about 21 percent of the income and pay 24 percent of the taxes”.
Which is a far cry from the ubiquitous sound byte that “1% pays 40% of taxes”.
Above: Inspiration4 Crew Members / Photo / Netflix
What do a billionaire, cancer survivor, geoscientists and a data engineer have in common?
For the first time on the streaming platform, Netflix will offer a 5 part docuseries covering the SpaceX’s Inspiration4 Mission in near real-time.
The series will cover SpaceX’s first all civilian mission (no astronauts!) as they prepare and train for the mission, the live launch coverage from Kennedy Space Center in Florida, as well as footage from inside the Crew Dragon spacecraft as the 4 passenger crew orbit the Earth on the 3 day mission.
Unlike recent flights from Virgin (Richard Branson) and Blue Orbit (Jeff Bezos) that led suborbital flights, Inspiration4 will reach higher altitudes than that of the International Space Station and make history as first all-civilian mission to orbit.
Multiple firsts and groundbreaking accomplishments that go beyond, way beyond…
Breakdown for Netflix’s “ Countdown: Inspiration4 Mission to Space”
Monday, September 6: Meet the four civilians heading to space
Monday, September 13: Watch them prepare
Wednesday, September 15: Watch the live launch
Thursday, September 30: Spend time with the crew in space
The Inspiration4 Mission which was brokered as a private deal by 38 year old Jared Isaacman, CEO of Shift4 Payments with SpaceX.
Isaacman will lead the mission along with his 3 other crew members: 29 year old Hayley Arceneaux who will act as chief medical officer , 51 year old Dr. Sian Proctor (mission pilot), who will become the fourth Black female American in space and 41 year old Christopher Sembroski, a veteran of the U.S. Air Force who will be the mission’s specialist.
The mission also serves as a $200 million fundraising campaign for St. Jude Children’s Research Hospital.
A day before the launch day, Netflix will also launch “A StoryBots Space Adventure” on Sept.14 which is a live-action/animation special where Inspration4 crew members will participate by answering some of kids’ most pressing space related questions.
“It’s important to address the fact that billionaire heirs may never pay tax on billions in stock gains.”
Sen. Ron Wyden, chair of the Senate Finance Committee, warned Tuesday that House Democrats’ newly released tax plan would let U.S. billionaires off the hook by omitting key reforms that progressive lawmakers, advocacy organizations, and President Joe Biden have embraced.
“It would be a monumental mistake for Congress to pass a bill that really exempts billionaires,” Wyden (D-Ore.) told the New York Times in response to the House Ways and Means Committee’s proposal, which was spearheaded by Rep. Richard Neal (D-Mass.).
While the House plan (pdf) would hike taxes on large corporations and the top 1% of earners in the U.S., analysts and Democratic lawmakers have voiced concerns that it doesn’t go nearly as far as it should to raise revenue for policy priorities and tackle the nation’s runaway income inequality, which the coronavirus crisis has made even worse. According to one recent analysis, the collective wealth of U.S. billionaires has risen by $1.8 trillion—62%—during the pandemic.
Wyden’s committee is in the process of crafting a tax plan of its own as Democrats race to compile their sprawling budget reconciliation package, which is expected to include major investments in green energy, healthcare, housing, and other key areas.
Specifically, Wyden and progressive organizations criticized the House Ways and Means Committee for failing to tackle a loophole that allows the ultra-wealthy to pass on massive fortunes to their heirs tax-free. Earlier this year, Biden released a tax plan that would close the loophole.
“It’s important to address the fact that billionaire heirs may never pay tax on billions in stock gains,” Wyden toldHuffPost on Monday. “The nurses, firefighters, and teachers who pay their taxes with every paycheck know the system is broken when billionaire heirs never pay tax on billions in stock gains.”
Steve Wamhoff, director of federal tax policy at the Institute for Taxation and Economic Policy (ITEP), echoed Wyden’s concern, noting in an interview with the Washington Post that “if the Ways and Means plan was enacted as is, Jeff Bezos and Elon Musk would still pay an effective rate of $0 on most of their income if they pass their assets on to their heirs.”
“It’s obviously a big improvement over the tax code we have now,” Wamhoff said of the House plan, “but there are a lot of things Biden suggested that would go a lot further.”
I agree with Chairman @RonWyden: we need to pass a bill that ensures that billionaires and corporations are finally paying their fair share. A wealth tax and my Real Corporate Profits Tax are two ways to get that done. https://t.co/xTtTQ8PGx2
On Tuesday, the progressive advocacy group Patriotic Millionaires made the House plan’s shortcomings the focus of a new mobile billboard campaign that features an image of Bezos—the richest man in the world—accompanied by the caption, “Oops! Missed me! (Thanks, Richie Neal!)”
“Richard Neal and the House Ways and Means Committee failed the president, failed the country, and failed history. It’s that simple,” Morris Pearl, chair of the Patriotic Millionaires, said in a statement. “This is not what the American people voted for when they elected Joe Biden as president.”
To remedy the proposal, the Patriotic Millionaires urged the House Democratic leadership to make several changes, including:
End the preferential tax rate for capital gains income over $1 million as President Biden requested. There is no intellectual or economic justification for working people in America to pay a higher tax rate than investors.
Eliminate the “stepped up basis” that allows the heirs of billionaires to avoid capital gains taxes on inherited assets (provide a reasonable exemption for family farms and small businesses). The committee’s failure to address this problem at all is particularly troubling.
End the Carried Interest Loophole which allows fund managers to mischaracterize their “ordinary” income as capital gain income for tax purposes. The Ways and Means proposal extends the hold time for investments to five years. Given that most private equity firms hold investments for six years, this change will have essentially zero effect. The loophole should be eliminated entirely.
Rep. Alexandria Ocasio-Cortez (D-N.Y.), whose “Tax the Rich” dress at the lavish 2021 Met Gala made waves on social media, said Tuesday that “members of both parties have tried to halt taxing the wealthiest in our society” even after billionaires made enormous wealth gains during the pandemic.
“It’s unacceptable,” the New York Democrat added. “We must tax the rich.”
According to a June survey released by Americans for Tax Fairness, 72% of U.S. voters support closing “loopholes that let the wealthy avoid paying taxes on the profits from assets they transfer to heirs.” The poll also found that 62% of voters support raising the corporate tax rate from 21% to 28%.
The House Ways and Means Committee proposal would only raise the corporate rate to 26.5%.
As Chuck Collins and Sarah Anderson of the Institute for Policy Studies argued in a blog post on Monday, “The public has a tremendous appetite to do much more to address the grotesque concentrations of democracy-distorting wealth and power—and to shut down the ways that billionaires and a few hundred global corporations manipulate our tax system.”
“House Democratic tax writers do not go far enough to raise revenue or reduce extreme wealth inequality,” Collins and Anderson wrote. “The tax reforms would generate an estimated $2.2 trillion—just barely more than the revenue lost due to the 2017 Republican tax cuts.”
Experts say the privacy promise—ubiquitous in online services and apps—obscures the truth about how companies use personal data
You’ve likely run into this claim from tech giants before: “We do not sell your personal data.”
Companies from Facebook to Google to Twitter repeat versions of this statement in their privacy policies, public statements, and congressional testimony. And when taken very literally, the promise is true: Despite gathering masses of personal data on their users and converting that data into billions of dollars in profits, these tech giants do not directly sell their users’ information the same way data brokers directly sell data in bulk to advertisers.
But the disclaimers are also a distraction from all the other ways tech giants use personal data for profit and, in the process, put users’ privacy at risk, experts say.
Lawmakers, watchdog organizations, and privacy advocates have all pointed out ways that advertisers can still pay for access to data from companies like Facebook, Google, and Twitter without directly purchasing it. (Facebook spokesperson Emil Vazquez declined to comment and Twitter spokesperson Laura Pacas referred us to Twitter’s privacy policy. Google did not respond to requests for comment.)
And focusing on the term “sell” is essentially a sleight of hand by tech giants, said Ari Ezra Waldman, a professor of law and computer science at Northeastern University.
“[Their] saying that they don’t sell data to third parties is like a yogurt company saying they’re gluten-free. Yogurt is naturally gluten-free,” Waldman said. “It’s a misdirection from all the other ways that may be more subtle but still are deep and profound invasions of privacy.”
Those other ways include everything from data collected from real-time bidding streams (more on that later), to targeted ads directing traffic to websites that collect data, to companies using the data internally.
How Is My Data at Risk if It’s Not Being Sold?
Even though companies like Facebook and Google aren’t directly selling your data, they are using it for targeted advertising, which creates plenty of opportunities for advertisers to pay and get your personal information in return.
The simplest way is through an ad that links to a website with its own trackers embedded, which can gather information on visitors including their IP address and their device IDs.
Advertising companies are quick to point out that they sell ads, not data, but don’t disclose that clicking on these ads often results in a website collecting personal data. In other words, you can easily give away your information to companies that have paid to get an ad in front of you.
If the ad is targeted toward a certain demographic, then advertisers would also be able to infer personal information about visitors who came from that ad, Bennett Cyphers, a staff technologist at the Electronic Frontier Foundation, said.
For example, if there’s an ad targeted at expectant mothers on Facebook, the advertiser can infer that everyone who came from that link is someone Facebook believes is expecting a child. Once a person clicks on that link, the website could collect device IDs and an IP address, which can be used to identify a person. Personal information like “expecting parent” could become associated with that IP address.
“You can say, ‘Hey, Google, I want a list of people ages 18–35 who watched the Super Bowl last year.’ They won’t give you that list, but they will let you serve ads to all those people,” Cyphers said. “Some of those people will click on those ads, and you can pretty easily figure out who those people are. You can buy data, in a sense, that way.”
Then there’s the complicated but much more common way that advertisers can pay for data without it being considered a sale, through a process known as “real-time bidding.”
Often, when an ad appears on your screen, it wasn’t already there waiting for you to show up. Digital auctions are happening in milliseconds before the ads load, where websites are selling screen real estate to the highest bidder in an automated process.
Visiting a page kicks off a bidding process where hundreds of advertisers are simultaneously sent data like an IP address, a device ID, the visitor’s interests, demographics, and location. The advertisers use this data to determine how much they’d like to pay to show an ad to that visitor, but even if they don’t make the winning bid, they have already captured what may be a lot of personal information.
With Google ads, for instance, the Google Ad Exchange sends data associated with your Google account during this ad auction process, which can include information like your age, location, and interests.
The advertisers aren’t paying for that data, per se; they’re paying for the right to show an advertisement on a page you visited. But they still get the data as part of the bidding process, and some advertisers compile that information and sell it, privacy advocates said.
In May, a group of Google users filed a federal class action lawsuit against Google in the U.S. District Court for the Northern District of California alleging the company is violating its claims to not sell personal information by operating its real-time bidding service.
The lawsuit argues that even though Google wasn’t directly handing over your personal data in exchange for money, its advertising services allowed hundreds of third parties to essentially pay and get access to information on millions of people. The case is ongoing.
“We never sell people’s personal information and we have strict policies specifically prohibiting personalized ads based on sensitive categories,” Google spokesperson José Castañeda told the San Francisco Chronicle in May.
Real-time bidding has also drawn scrutiny from lawmakers and watchdog organizations for its privacy implications.
In January, Simon McDougall, deputy commissioner of the United Kingdom’s Information Commissioner’s Office, announced in a statement that the agency was continuing its investigation of real-time bidding (RTB), which if not properly disclosed, may violate the European Union’s General Data Protection Regulation.
“The complex system of RTB can use people’s sensitive personal data to serve adverts and requires people’s explicit consent, which is not happening right now,” McDougall said. “Sharing people’s data with potentially hundreds of companies, without properly assessing and addressing the risk of these counterparties, also raises questions around the security and retention of this data.”
And in April, a bipartisan group of U.S. senators sent a letter to ad tech companies involved in real-time bidding, including Google. Their main concern: foreign companies and governments potentially capturing massive amounts of personal data about Americans.
“Few Americans realize that some auction participants are siphoning off and storing ‘bidstream’ data to compile exhaustive dossiers about them,” the letter said. “In turn, these dossiers are being openly sold to anyone with a credit card, including to hedge funds, political campaigns, and even to governments.”
On May 4, Google responded to the letter, telling lawmakers that it doesn’t share personally identifiable information in bid requests and doesn’t share demographic information during the process.
“We never sell people’s personal information and all ad buyers using our systems are subject to stringent policies and standards, including restrictions on the use and retention of information they receive,” Mark Isakowitz, Google’s vice president of government affairs and public policy, said in the letter.
What Does It Mean to “Sell” Data?
Advocates have been trying to expand the definition of “sell” beyond a straightforward transaction.
The California Consumer Privacy Act, which went into effect in January 2020, attempted to cast a wide net when defining “sale,” beyond just exchanging data for money. The law considers it a sale if personal information is sold, rented, released, shared, transferred, or communicated (either orally or in writing) from one business to another for “monetary or other valuable consideration.”
And companies that sell such data are required to disclose that they’re doing so and allow consumers to opt out.
“We wrote the law trying to reflect how the data economy actually works, where most of the time, unless you’re a data broker, you’re not actually selling a person’s personal information,” said Mary Stone Ross, chief privacy officer at OSOM Products and a co-author of the law. “But you essentially are. If you are a social media company and you’re providing advertising and people pay you a lot of money, you are selling access to them.”
But that doesn’t mean it’s always obvious what sorts of personal data a company collects and sells.
In T-Mobile’s privacy policy, for instance, the company says it sells compiled data in bulk, which it calls “audience segments.” The policy states that audience segment data for sale doesn’t contain identifiers like your name and address but does include your mobile advertising ID.
Nevertheless, T-Mobile’s privacy policy says the company does “not sell information that directly identifies customers.”
T-Mobile spokesperson Taylor Prewitt didn’t provide an answer to why the company doesn’t consider advertising IDs to be personal information but said customers have the right to opt out of that data being sold.
So What Should I Be Looking for in a Privacy Policy?
The next time you look at a privacy policy, which few people ever really do, don’t just focus on whether or not the company says it sells your data. That’s not necessarily the best way to assess how your information is traveling and being used.
And even if a privacy policy says that it doesn’t share private information beyond company walls, the data collected can still be used for purposes you might feel uncomfortable with, like training internal algorithms and machine learning models. (See Facebook’s use of one billion pictures from Instagram, which it owns, to improve its image recognition capability.)
Consumers should look for deletion and retention policies instead, said Lindsey Barrett, a privacy expert and until recently a fellow at Georgetown Law. These are policies that spell out how long companies keep data, and how to get it removed.
She noted that these statements hold a lot more weight than companies promising not to sell your data.
“People don’t have any meaningful transparency into what companies are doing with their data, and too often, there are too few limits on what they can do with it,” Barrett said. “The whole ‘We don’t sell your data’ doesn’t say anything about what the company is doing behind closed doors.”
After Steve Bannon urged his followers to take over local-level GOP positions, the plan went viral across far-right media.
One of the loudest voices urging Donald Trump’s supporters to push for overturning the presidential election results was Steve Bannon. “We’re on the point of attack,” Bannon, a former Trump adviser and far-right nationalist, pledged on his popular podcast on Jan. 5. “All hell will break loose tomorrow.” The next morning, as thousands massed on the National Mall for a rally that turned into an attack on the Capitol, Bannon fired up his listeners: “It’s them against us. Who can impose their will on the other side?”
When the insurrection failed, Bannon continued his campaign for his former boss by other means. On his “War Room” podcast, which has tens of millions of downloads, Bannon said President Trump lost because the Republican Party sold him out. “This is your call to action,” Bannon said in February, a few weeks after Trump had pardoned him of federal fraud charges.
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The solution, Bannon announced, was to seize control of the GOP from the bottom up. Listeners should flood into the lowest rung of the party structure: the precincts. “It’s going to be a fight, but this is a fight that must be won, we don’t have an option,” Bannon said on his show in May. “We’re going to take this back village by village … precinct by precinct.”
Precinct officers are the worker bees of political parties, typically responsible for routine tasks like making phone calls or knocking on doors. But collectively, they can influence how elections are run. In some states, they have a say in choosing poll workers, and in others they help pick members of boards that oversee elections.
After Bannon’s endorsement, the “precinct strategy” rocketed across far-right media. Viral posts promoting the plan racked up millions of views on pro-Trump websites, talk radio, fringe social networks and message boards, and programs aligned with the QAnon conspiracy theory.
Suddenly, people who had never before showed interest in party politics started calling the local GOP headquarters or crowding into county conventions, eager to enlist as precinct officers. They showed up in states Trump won and in states he lost, in deep-red rural areas, in swing-voting suburbs and in populous cities.
In Wisconsin, for instance, new GOP recruits are becoming poll workers. County clerks who run elections in the state are required to hire parties’ nominees. The parties once passed on suggesting names, but now hardline Republican county chairs are moving to use those powers.
“We’re signing up election inspectors like crazy right now,” said Outagamie County party chair Matt Albert, using the state’s formal term for poll workers. Albert, who held a “Stop the Steal” rally during Wisconsin’s November recount, said Bannon’s podcast had played a role in the burst of enthusiasm.
ProPublica contacted GOP leaders in 65 key counties, and 41 reported an unusual increase in signups since Bannon’s campaign began. At least 8,500 new Republican precinct officers (or equivalent lowest-level officials) joined those county parties. We also looked at equivalent Democratic posts and found no similar surge.
“I’ve never seen anything like this, people are coming out of the woodwork,” said J.C. Martin, the GOP chairman in Polk County, Florida, who has added 50 new committee members since January. Martin had wanted congressional Republicans to overturn the election on Jan. 6, and he welcomed this wave of like-minded newcomers. “The most recent time we saw this type of thing was the tea party, and this is way beyond it.”
Bannon, through a spokesperson, declined to comment.
While party officials largely credited Bannon’s podcast with driving the surge of new precinct officers, it’s impossible to know the motivations of each new recruit. Precinct officers are not centrally tracked anywhere, and it was not possible to examine all 3,000 counties nationwide. ProPublica focused on politically competitive places that were discussed as targets in far-right media.
The tea party backlash to former President Barack Obama’s election foreshadowed Republican gains in the 2010 midterm. Presidential losses often energize party activists, and it would not be the first time that a candidate’s faction tried to consolidate control over the party apparatus with the aim of winning the next election.
What’s different this time is an uncompromising focus on elections themselves. The new movement is built entirely around Trump’s insistence that the electoral system failed in 2020 and that Republicans can’t let it happen again. The result is a nationwide groundswell of party activists whose central goal is not merely to win elections but to reshape their machinery.
“They feel President Trump was rightfully elected president and it was taken from him,” said Michael Barnett, the GOP chairman in Palm Beach County, Florida, who has enthusiastically added 90 executive committee members this year. “They feel their involvement in upcoming elections will prevent something like that from happening again.”
It has only been a few months — too soon to say whether the wave of newcomers will ultimately succeed in reshaping the GOP or how they will affect Republican prospects in upcoming elections. But what’s already clear is that these up-and-coming party officers have notched early wins.
In Michigan, one of the main organizers recruiting new precinct officers pushed for the ouster of the state party’s executive director, who contradicted Trump’s claim that the election was stolen and who later resigned. In Las Vegas, a handful of Proud Boys, part of the extremist group whose members have been charged in attacking the Capitol, supported a bid to topple moderates controlling the county party — a dispute that’s now in court.
In Phoenix, new precinct officers petitioned to unseat county officials who refused to cooperate with the state Senate Republicans’ “forensic audit” of 2020 ballots. Similar audits are now being pursued by new precinct officers in Michigan and the Carolinas. Outside Atlanta, new local party leaders helped elect a state lawmaker who championed Georgia’s sweeping new voting restrictions.
And precinct organizers are hoping to advance candidates such as Matthew DePerno, a Michigan attorney general hopeful who Republican state senators said in a report had spread “misleading and irresponsible” misinformation about the election, and Mark Finchem, a member of the Oath Keepers militia who marched to the Capitol on Jan. 6 and is now running to be Arizona’s top elections official. DePerno did not respond to requests for comment, and Finchem asked for questions to be sent by email and then did not respond. Finchem has said he did not enter the Capitol or have anything to do with the violence. He has also said the Oath Keepers are not anti-government.
When Bannon interviewed Finchem on an April podcast, he wrapped up a segment about Arizona Republicans’ efforts to reexamine the 2020 results by asking Finchem how listeners could help. Finchem answered by promoting the precinct strategy. “The only way you’re going to see to it this doesn’t happen again is if you get involved,” Finchem said. “Become a precinct committeeman.”
Some of the new precinct officers were in the crowd that marched to the Capitol on Jan. 6, according to interviews and social media posts; one Texas precinct chair was arrested for assaulting police in Washington. He pleaded not guilty. Many of the new activists have said publicly that they support QAnon, the online conspiracy theory that believes Trump was working to root out a global child sex trafficking ring. Organizers of the movement have encouraged supporters to bring weapons to demonstrations. In Las Vegas and Savannah, Georgia, newcomers were so disruptive that they shut down leadership elections.
“They’re not going to be welcomed with open arms,” Bannon said, addressing the altercations on an April podcast. “But hey, was it nasty at Lexington?” he said, citing the opening battle of the American Revolution. “Was it nasty at Concord? Was it nasty at Bunker Hill?”
Bannon plucked the precinct strategy out of obscurity. For more than a decade, a little-known Arizona tea party activist named Daniel J. Schultz has been preaching the plan. Schultz failed to gain traction, despite winning a $5,000 prize from conservative direct-mail pioneer Richard Viguerie in 2013 and making a 2015 pitch on Bannon’s far-right website, Breitbart. Schultz did not respond to repeated requests for comment.
In December, Schultz appeared on Bannon’s podcast to argue that Republican-controlled state legislatures should nullify the election results and throw their state’s Electoral College votes to Trump. If lawmakers failed to do that, Bannon asked, would it be the end of the Republican Party? Not if Trump supporters took over the party by seizing precinct posts, Schultz answered, beginning to explain his plan. Bannon cut him off, offering to return to the idea another time.
That time came in February. Schultz returned to Bannon’s podcast, immediately preceding Mike Lindell, the MyPillow CEO who spouts baseless conspiracy theories about the 2020 election.
“We can take over the party if we invade it,” Schultz said. “I can’t guarantee you that we’ll save the republic, but I can guarantee you this: We’ll lose it if we conservatives don’t take over the Republican Party.”
Bannon endorsed Schultz’s plan, telling “all the unwashed masses in the MAGA movement, the deplorables” to take up this cause. Bannon said he had more than 400,000 listeners, a count that could not be independently verified.
Bannon brought Schultz back on the show at least eight more times, alongside guests such as embattled Florida congressman Matt Gaetz, a leading defender of people jailed on Capitol riot charges.
The exposure launched Schultz into a full-blown far-right media tour. In February, Schultz spoke on a podcast with Tracy “Beanz” Diaz, a leading popularizer of QAnon. In an episode titled “THIS Is How We Win,” Diaz said of Schultz, “I was waiting, I was wishing and hoping for the universe to deliver someone like him.”
Schultz himself calls QAnon “a joke.” Nevertheless, he promoted his precinct strategy on at least three more QAnon programs in recent months, according to Media Matters, a Democratic-aligned group tracking right-wing content. “I want to see many of you going and doing this,” host Zak Paine said on one of the shows in May.
Schultz’s strategy also got a boost from another prominent QAnon promoter: former National Security Adviser Michael Flynn, who urged Trump to impose martial law and “rerun” the election. On a May online talk show, Flynn told listeners to fill “thousands of positions that are vacant at the local level.”
Precinct recruitment is now “the forefront of our mission” for Turning Point Action, according to the right-wing organization’s website. The group’s parent organization bussed Trump supporters to Washington for Jan. 6, including at least one person who was later charged with assaulting police. He pleaded not guilty. In July, Turning Point brought Trump to speak in Phoenix, where he called the 2020 election “the greatest crime in history.” Outside, red-capped volunteers signed people up to become precinct chairs.
Organizers from around the country started huddling with Schultz for weekly Zoom meetings. The meetings’ host, far-right blogger Jim Condit Jr. of Cincinnati, kicked off a July call by describing the precinct strategy as the last alternative to violence. “It’s the only idea,” Condit said, “unless you want to pick up guns like the Founding Fathers did in 1776 and start to try to take back our country by the Second Amendment, which none of us want to do.”
By the next week, though, Schultz suggested the new precinct officials might not stay peaceful. Schultz belonged to a mailing list for a group of military, law enforcement and intelligence veterans called the “1st Amendment Praetorian” that organizes security for Flynn and other pro-Trump figures. Back in the 1990s, Schultz wrote an article defending armed anti-government militias like those involved in that decade’s deadly clashes with federal agents in Ruby Ridge, Idaho, and Waco, Texas.
“Make sure everybody’s got a baseball bat,” Schultz said on the July strategy conference call, which was posted on YouTube. “I’m serious about this. Make sure you’ve got people who are armed.”
The sudden demand for low-profile precinct positions baffled some party leaders. In Fort Worth, county chair Rick Barnes said numerous callers asked about becoming a “precinct committeeman,” quoting the term used on Bannon’s podcast. That suggested that out-of-state encouragement played a role in prompting the calls, since Texas’s term for the position is “precinct chair.” Tarrant County has added 61 precinct chairs this year, about a 24% increase since February. “Those podcasts actually paid off,” Barnes said.
For weeks, about five people a day called to become precinct chairs in Outagamie County, Wisconsin, southwest of Green Bay. Albert, the county party chair, said he would explain that Wisconsin has no precinct chairs, but newcomers could join the county party — and then become poll workers. “We’re trying to make sure that our voice is now being reinserted into the process,” Albert said.
Similarly, the GOP in Cumberland County, Pennsylvania, is fielding a surge of volunteers for precinct committee members, but also for election judges or inspectors, which are party-affiliated elected positions in that state. “Who knows what happened on Election Day for real,” county chair Lou Capozzi said in an interview. The county GOP sent two busloads of people to Washington for Jan. 6 and Capozzi said they stayed peaceful. “People want to make sure elections remain honest.”
Elsewhere, activists inspired by the precinct strategy have targeted local election boards. In DeKalb County, east of Atlanta, the GOP censured a long-serving Republican board member who rejected claims of widespread fraud in 2020. To replace him, new party chair Marci McCarthy tapped a far-right activist known for false, offensive statements. The party nominees to the election board have to be approved by a judge, and the judge in this case rejected McCarthy’s pick, citing an “extraordinary” public outcry. McCarthy defended her choice but ultimately settled for someone less controversial.
In Raleigh, North Carolina, more than 1,000 people attended the county GOP convention in March, up from the typical 300 to 400. The chair they elected, Alan Swain, swiftly formed an “election integrity committee” that’s lobbying lawmakers to restrict voting and audit the 2020 results. “We’re all about voter and election integrity,” Swain said in an interview.
In the rural western part of the state, too, a wave of people who heard Bannon’s podcast or were furious about perceived election fraud swept into county parties, according to the new district chair, Michele Woodhouse. The district’s member of Congress, Rep. Madison Cawthorn, addressed a crowd at one county headquarters on Aug. 29, at an event that included a raffle for a shotgun.
“If our election systems continue to be rigged and continue to be stolen, it’s going to lead to one place, and it’s bloodshed,” Cawthorn said, in remarks livestreamed on Facebook, shortly after holding the prize shotgun, which he autographed. “That’s right,” the audience cheered. Cawthorn went on, “As much as I’m willing to defend our liberty at all costs, there’s nothing that I would dread doing more than having to pick up arms against a fellow American, and the way we can have recourse against that is if we all passionately demand that we have election security in all 50 states.”
After Cawthorn referred to people arrested on Jan. 6 charges as “political hostages,” someone asked, “When are you going to call us to Washington again?” The crowd laughed and clapped as Cawthorn answered, “We are actively working on that one.”
Schultz has offered his own state of Arizona as a proof of concept for how precinct officers can reshape the party. The result, Schultz has said, is actions like the state Senate Republicans’ “forensic audit” of Maricopa County’s 2020 ballots. The “audit,” conducted by a private firm with no experience in elections and whose CEO has spread conspiracy theories, has included efforts to identify fraudulent ballots from Asia by searching for traces of bamboo. Schultz has urged activists demanding similar audits in other states to start by becoming precinct officers.
“Because we’ve got the audit, there’s very heightened and intense public interest in the last campaign, and of course making sure election laws are tightened,” said Sandra Dowling, a district chair in northwest Maricopa and northern Yuma County whose precinct roster grew by 63% in less than six months. Though Dowling says some other district chairs screen their applicants, she doesn’t. “I don’t care,” she said.
One chair who does screen applicants is Kathy Petsas, a lifelong Republican whose district spans Phoenix and Paradise Valley. She also saw applications explode earlier this year. Many told her that Schultz had recruited them, and some said they believed in QAnon. “Being motivated by conspiracy theories is no way to go through life, and no way for us to build a high-functioning party,” Petsas said. “That attitude can’t prevail.”
As waves of new precinct officers flooded into the county party, Petsas was dismayed to see some petitioning to recall their own Republican county supervisors for refusing to cooperate with the Senate GOP’s audit.
“It is not helpful to our democracy when you have people who stand up and do the right thing and are honest communicators about what’s going on, and they get lambasted by our own party,” Petsas said. “That’s a problem.”
This spring, a team of disaffected Republican operatives put Schultz’s precinct strategy into action in South Carolina, a state that plays an outsize role in choosing presidents because of its early primaries. The operatives’ goal was to secure enough delegates to the party’s state convention to elect a new chair: far-right celebrity lawyer Lin Wood.
Wood was involved with some of the lawsuits to overturn the presidential election that courts repeatedly ruled meritless, or even sanctionable. After the election, Wood said on Bannon’s podcast, “I think the audience has to do what the people that were our Founding Fathers did in 1776.” On Twitter, Wood called for executing Vice President Mike Pence by firing squad. Wood later said it was “rhetorical hyperbole,” but that and other incendiary language got him banned from mainstream social media. He switched to Telegram, an encrypted messaging app favored by deplatformed right-wing influencers, amassing roughly 830,000 followers while repeatedly promoting the QAnon conspiracy theory.
Asked for comment about his political efforts, Wood responded, “Most of your ‘facts’ are either false or misrepresent the truth.” He declined to cite specifics.
Typically, precinct meetings were “a yawner,” according to Mike Connett, a longtime party member in Horry County, best known for its popular beach towns. But in April, Connett and other establishment Republicans were caught off guard when 369 people, many of them newcomers, showed up for the county convention in North Myrtle Beach. Connett lost a race for a leadership role to Diaz, the prominent QAnon supporter, and Wood’s faction captured the county’s other executive positions plus 35 of 48 delegate slots, enabling them to cast most of the county’s votes for Wood at the state convention. “It seemed like a pretty clean takeover,” Connett told ProPublica.
In Greenville, the state’s most populous county, Wood campaign organizers Jeff Davis and Pressley Stutts mobilized a surge of supporters at the county convention — about 1,400 delegates, up from roughly 550 in 2019 — and swept almost all of the 79 delegate positions. That gave Wood’s faction the vast majority of the votes in two of South Carolina’s biggest delegations.
Across the state, the precinct strategy was contributing to an unprecedented surge in local party participation, according to data provided by a state GOP spokeswoman. In 2019, 4,296 people participated. This year, 8,524 did.
“It’s a prairie fire down there in Greenville, South Carolina, brought on by the MAGA posse,” Bannon said on his podcast.
Establishment party leaders realized they had to take Wood’s challenge seriously. The incumbent chair, Drew McKissick, had Trump’s endorsement three times over — including twice after Wood entered the race. But Wood fought back by repeatedly implying that McKissick and other prominent state Republicans were corrupt and involved in various conspiracies that seemed related to QAnon. The race became heated enough that after one event, Wood and McKissick exchanged angry words face-to-face.
Wood’s rallies were raucous affairs packed with hundreds of people, energized by right-wing celebrities like Flynn and Lindell. In interviews, many attendees described the events as their first foray into politics, sometimes referencing Schultz and always citing Trump’s stolen election myth. Some said they’d resort to violence if they felt an election was stolen again.
Wood’s campaign wobbled in counties that the precinct strategy had not yet reached. At the state convention in May, Wood won about 30% of the delegates, commanding Horry, Greenville and some surrounding counties, but faltering elsewhere. A triumphant McKissick called Wood’s supporters “a fringe, rogue group” and vowed to turn them into a “leper colony” by building parallel Republican organizations in their territory.
But Wood and his partisans did not act defeated. The chairmanship election, they argued, was as rigged as the 2020 presidential race. Wood threw a lavish party at his roughly 2,000-acre low-country estate, secured by armed guards and surveillance cameras. From a stage fit for a rock concert on the lawn of one of his three mansions, Wood promised the fight would continue.
Diaz and her allies in Horry County voted to censure McKissick. The county’s longtime Republicans tried, but failed, to oust Diaz and her cohort after one of the people involved in drafting Wood tackled a protester at a Flynn speech in Greenville. (This incident, the details of which are disputed, prompted Schultz to encourage precinct strategy activists to arm themselves.) Wood continued promoting the precinct strategy to his Telegram followers, and scores replied that they were signing up.
In late July, Stutts and Davis forced out Greenville County GOP’s few remaining establishment leaders, claiming that they had cheated in the first election. Then Stutts, Davis and an ally won a new election to fill those vacant seats. “They sound like Democrats, right?” Bannon asked Stutts in a podcast interview. Stutts replied, “They taught the Democrats how to cheat, Steve.”
Stutts’ group quickly pushed for an investigation of the 2020 presidential election, planning a rally featuring Davis and Wood at the end of August, and began campaigning against vaccine and school mask mandates. “I prefer dangerous freedom over peaceful slavery,” Stutts had previously posted on Facebook, quoting Thomas Jefferson. Stutts continued posting messages skeptical of vaccine and mask mandates even after he entered the hospital with a severe case of COVID-19. He died on Aug. 19.
The hubbub got so loud inside the Cobb County, Georgia, Republican headquarters that it took several shouts and whistles to get everyone’s attention. It was a full house for Salleigh Grubbs’ first meeting as the county’s party chair. Grubbs ran on a vow to “clean house” in the election system, highlighting her December testimony to state lawmakers in which she raised unsubstantiated fraud allegations. Supporters praised Grubbs’ courage for following a truck she suspected of being used in a plot to shred evidence. She attended Trump’s Jan. 6 rally as a VIP. She won the chairmanship decisively at an April county convention packed with an estimated 50% first-time participants.
In May, Grubbs opened her first meeting by asking everyone munching on bacon and eggs to listen to her recite the Gettysburg Address. “Think of the battle for freedom that Americans have before them today,” Grubbs said. “Those people fought and died so that you could be the precinct chair.” After the reading, first-time precinct officers stood for applause and cheers.
Their work would start right away: putting up signs, making calls and knocking on doors for a special election for the state House. The district had long leaned Republican, but after the GOP’s devastating losses up and down the ballot in 2020, they didn’t know what to expect.
“There’s so many people out there that are scared, they feel like their vote doesn’t count,” Cooper Guyon, a 17-year-old right-wing podcaster from the Atlanta area who speaks to county parties around the state, told the Cobb Republicans in July. The activists, he said, need to “get out in these communities and tell them that we are fighting to make your vote count by passing the Senate bill, the election-reform bills that are saving our elections in Georgia.”
Of the field’s two Republicans, Devan Seabaugh took the strongest stance in favor of Georgia’s new law restricting ways to vote and giving the Republican-controlled Legislature more power over running elections. “The only people who may be inconvenienced by Senate Bill 202 are those intent on committing fraud,” he wrote in response to a local newspaper’s candidate questionnaire.
Seabaugh led the June special election and won a July runoff. Grubbs cheered the win as a turning point. “We are awake. We are preparing,” she wrote on Facebook. “The conservative citizens of Cobb County are ready to defend our ballots and our county.”
Newcomers did not meet such quick success everywhere. In Savannah, a faction crashed the Chatham County convention with their own microphone, inspired by Bannon’s podcast to try to depose the incumbent party leaders who they accused of betraying Trump. Party officers blocked the newcomers’ candidacies, saying they weren’t officially nominated. Shouting erupted, and the meeting adjourned without a vote. Then the party canceled its districtwide convention.
The state party ultimately sided with the incumbent leaders. District chair Carl Smith said the uprising is bound to fail because the insurgents are mistaken in believing that he and other local leaders didn’t fight hard enough for Trump.
“You can’t build a movement on a lie,” Smith said.
In Michigan, activists who identify with a larger movement working against Republicans willing to accept Trump’s loss have captured the party leadership in about a dozen counties. They’re directly challenging state party leaders, who are trying to harness the grassroots energy without indulging demands to keep fighting over the last election.
Some of the takeovers happened before the rise of the precinct strategy. But the activists are now organizing under the banner “Precinct First” and holding regular events, complete with notaries, to sign people up to run for precinct delegate positions.
“We are reclaiming our party,” Debra Ell, one of the organizers, told ProPublica. “We’re building an ‘America First’ army.”
Under normal rules, the wave of new precinct delegates could force the party to nominate far-right candidates for key state offices. That’s because in Michigan, party nominees for attorney general, secretary of state and lieutenant governor are chosen directly by party delegates rather than in public primaries. But the state party recently voted to hold a special convention earlier next year, which should effectively lock in candidates before the new, more radical delegates are seated.
Activist-led county parties including rural Hillsdale and Detroit-area Macomb are also censuring Republican state legislators for issuing a June report on the 2020 election that found no evidence of systemic fraud and no need for a reexamination of the results like the one in Arizona. (The censures have no enforceable impact beyond being a public rebuke of the politicians.) At the same time, county party leaders in Hillsdale and elsewhere are working on a ballot initiative to force an Arizona-style election review.
Establishment Republicans have their own idea for a ballot initiative — one that could tighten rules for voter ID and provisional ballots while sidestepping the Democratic governor’s veto. If the initiative collects hundreds of thousands of valid signatures, it would be put to a vote by the Republican-controlled state Legislature. Under a provision of the state constitution, the state Legislature can adopt the measure and it can’t be vetoed.
State party leaders recently reached out to the activists rallying around the rejection of the presidential election results, including Hillsdale Republican Party Secretary Jon Smith, for help. Smith, Ell and others agreed to join the effort, the two activists said.
“This empowers them,” Jason Roe, the state party executive director whose ouster the activists demanded because he said Trump was responsible for his own loss, told ProPublica. Roe resigned in July, citing unrelated reasons. “It’s important to get them focused on change that can actually impact” future elections, he said, “instead of keeping their feet mired in the conspiracy theories of 2020.”
Jesse Law, who ran the Trump campaign’s Election Day operations in Nevada, sued the Democratic electors, seeking to declare Trump the winner or annul the results. The judge threw out the case, saying Law’s evidence did not meet “any standard of proof,” and the Nevada Supreme Court agreed. When the Electoral College met in December, Law stood outside the state capitol to publicly cast mock votes for Trump.
This year, Law set his sights on taking over the Republican Party in the state’s largest county, Clark, which encompasses Las Vegas. He campaigned on the precinct strategy, promising 1,000 new recruits. His path to winning the county chairmanship — just like Stutts’ team in South Carolina, and Grubbs in Cobb County, Georgia — relied on turning out droves of newcomers to flood the county party and vote for him.
In Law’s case, many of those newcomers came through the Proud Boys, the all-male gang affiliated with more than two dozen people charged in the Capitol riot. The Las Vegas chapter boasted about signing up 500 new party members (not all of them belonging to the Proud Boys) to ensure their takeover of the county party. After briefly advancing their own slate of candidates to lead the Clark GOP, the Proud Boys threw their support to Law. They also helped lead a state party censure of Nevada’s Republican secretary of state, who rejected the Trump campaign’s baseless claims of fraudulent ballots.
Law, who did not respond to repeated requests for comment, has declined to distance himself from the Las Vegas Proud Boys, citing Trump’s “stand back and stand by” remark at the September 2020 presidential debate. “When the president was asked if he would disavow, he said no,” Law told an independent Nevada journalist in July. “If the president is OK with that, I’m going to take the presidential stance.”
The outgoing county chair, David Sajdak, canceled the first planned vote for his successor. He said he was worried the Proud Boys would resort to violence if their newly recruited members, who Sajdak considered illegitimate, weren’t allowed to vote.
Sajdak tried again to hold a leadership vote in July, with a meeting in a Las Vegas high school theater, secured by police. But the crowd inside descended into shouting, while more people tried to storm past the cops guarding the back entrance, leading to scuffles. “Let us in! Let us in!” some chanted. Riling them up was at least one Proud Boy, according to multiple videos of the meeting.
At the microphone, Sajdak was running out of patience. “I’m done covering for you awful people,” he bellowed. Unable to restore order, Sajdak ended the meeting without a vote and resigned a few hours later. He’d had enough.
“They want to create mayhem,” Sajdak said.
Soon after, Law’s faction held their own meeting at a hotel-casino and overwhelmingly voted for Law as county chairman. Nevada Republican Party Chairman Michael McDonald, a longtime ally of Law who helped lead Trump’s futile effort to overturn the Nevada results, recognized Law as the new county chair and promoted a fundraiser to celebrate. The existing county leaders sued, seeking a court order to block Law’s “fraudulent, rogue election.” The judge preliminarily sided with the moderates, but told them to hold off on their own election until a court hearing in September.
To Sajdak, agonizing over 2020 is pointless because “there’s no mechanism for overturning an election.” Asked if Law’s allies are determined to create one, Sajdak said: “It’s a scary thought, isn’t it.”
This article was originally published by ProPublica via Creative Commons and written by Isaac Arnsdorf, Doug Bock Clark, Alexandra Berzon and Anjeanette Damon
One of the country’s most important sources of fresh water is in peril, the latest victim of the accelerating climate crisis.
On a 110-degree day several years ago, surrounded by piles of sand and rock in the desert outside of Las Vegas, I stepped into a yellow cage large enough to fit three standing adults and was lowered 600 feet through a black hole into the ground. There, at the bottom, amid pooling water and dripping rock, was an enormous machine driving a cone-shaped drill bit into the earth. The machine was carving a cavernous, 3-mile tunnel beneath the bottom of the nation’s largest freshwater reservoir, Lake Mead.
Lake Mead, a reservoir formed by the construction of the Hoover Dam in the 1930s, is one of the most important pieces of infrastructure on the Colorado River, supplying fresh water to Nevada, California, Arizona and Mexico. The reservoir hasn’t been full since 1983. In 2000, it began a steady decline caused by epochal drought. On my visit in 2015, the lake was just about 40% full. A chalky ring on the surrounding cliffs marked where the waterline once reached, like the residue on an empty bathtub. The tunnel far below represented Nevada’s latest salvo in a simmering water war: the construction of a $1.4 billion drainage hole to ensure that if the lake ever ran dry, Las Vegas could get the very last drop.
For years, experts in the American West have predicted that, unless the steady overuse of water was brought under control, the Colorado River would no longer be able to support all of the 40 million people who depend on it. Over the past two decades, Western states took incremental steps to save water, signed agreements to share what was left and then, like Las Vegas, did what they could to protect themselves. But they believed the tipping point was still a long way off.
Like the record-breaking heat waves and the ceaseless mega-fires, the decline of the Colorado River has been faster than expected. This year, even though rainfall and snowpack high up in the Rocky Mountains were at near-normal levels, the parched soils and plants stricken by intense heat absorbed much of the water, and inflows to Lake Powell were around one-fourth of their usual amount. The Colorado’s flow has already declined by nearly 20%, on average, from its flow throughout the 1900s, and if the current rate of warming continues, the loss could well be 50% by the end of this century.
Earlier this month, federal officials declared an emergency water shortage on the Colorado River for the first time. The shortage declaration forces reductions in water deliveries to specific states, beginning with the abrupt cutoff of nearly one-fifth of Arizona’s supply from the river, and modest cuts for Nevada and Mexico, with more negotiations and cuts to follow. But it also sounded an alarm: one of the country’s most important sources of fresh water is in peril, another victim of the accelerating climate crisis.
Americans are about to face all sorts of difficult choices about how and where to live as the climate continues to heat up. States will be forced to choose which coastlines to abandon as sea levels rise, which wildfire-prone suburbs to retreat from and which small towns cannot afford new infrastructure to protect against floods or heat. What to do in the parts of the country that are losing their essential supply of water may turn out to be the first among those choices.
The Colorado River’s enormous significance extends well beyond the American West. In addition to providing water for the people of seven states, 29 federally recognized tribes and northern Mexico, its water is used to grow everything from the carrots stacked on supermarket shelves in New Jersey to the beef in a hamburger served at a Massachusetts diner. The power generated by its two biggest dams — the Hoover and Glen Canyon — is marketed across an electricity grid that reaches from Arizona to Wyoming.
The formal declaration of the water crisis arrived days after the Census Bureau released numbers showing that, even as the drought worsened over recent decades, hundreds of thousands more people have moved to the regions that depend on the Colorado.
Phoenix expanded more over the past 10 years than any other large American city, while smaller urban areas across Arizona, Nevada, Utah and California each ranked among the fastest-growing places in the country. The river’s water supports roughly 15 million more people today than it did when Bill Clinton was elected president in 1992. These statistics suggest that the climate crisis and explosive development in the West are on a collision course. And it raises the question: What happens next?
Since about 70% of water delivered from the Colorado River goes to growing crops, not to people in cities, the next step will likely be to demand large-scale reductions for farmers and ranchers across millions of acres of land, forcing wrenching choices about which crops to grow and for whom — an omen that many of America’s food-generating regions might ultimately have to shift someplace else as the climate warms.
California, so far shielded from major cuts, has already agreed to reductions that will take effect if the drought worsens. But it may be asked to do more. Its enormous share of the river, which it uses to irrigate crops across the Imperial Valley and for Los Angeles and other cities, will be in the crosshairs when negotiations over a diminished Colorado begin again. The Imperial Irrigation District there is the largest single water rights holder from the entire basin and has been especially resistant to compromise over the river. It did not sign the drought contingency plan laying out cuts that other big players on the Colorado system agreed to in 2019.
New Mexico, Colorado, Utah and Wyoming — states in the river’s Upper Basin — will most likely also face pressure to use less water. Should that happen, places like Utah that hoped to one day support faster development and economic growth with their share of the river may have to surrender their ambition.
The negotiations that led to the region being even minimally prepared for this latest shortage were agonizing, but they were merely a warm-up for the pain-inflicting cuts and sacrifices that almost certainly will be required if the water shortages persist over the coming decades. The region’s leaders, for all their efforts to compromise, have long avoided these more difficult conversations. One way or another, farms will have to surrender their water, and cities will have to live with less of it. Time has run out for other options.
Western states arrived at this crucible in large part because of their own doing. The original multistate compact that governs the use of the Colorado, which was signed in 1922, was exuberantly optimistic: The states agreed to divide up an estimated total amount of water that turned out to be much more than what would actually flow. Nevertheless, with the building of the Hoover Dam to collect and store river water, and the development of the Colorado’s plumbing system of canals and pipelines to deliver it, the West was able to open a savings account to fund its extraordinary economic growth. Over the years since, those states have overdrawn the river’s average deposits. It should be no surprise that even without the pressures of climate change, such a plan would lead to bankruptcy.
Making a bad situation worse, leaders in Western states have allowed wasteful practices to continue that add to the material threat facing the region. A majority of the water used by farms — and thus much of the river — goes to growing nonessential crops like alfalfa and other grasses that feed cattle for meat production. Much of those grasses are also exported to feed animals in the Middle East and Asia. Short of regulating which types of crops are allowed, which state authorities may not even have the authority to do, it may fall to consumers to drive change. Water usage data suggests that if Americans avoid meat one day each week they could save an amount of water equivalent to the entire flow of the Colorado each year, more than enough water to alleviate the region’s shortages.
Water is also being wasted because of flaws in the laws. The rights to take water from the river are generally distributed — like deeds to property — based on seniority. It is very difficult to take rights away from existing stakeholders, whether cities or individual ranchers, so long as they use the water allocated to them. That system creates a perverse incentive: Across the basin, ranchers often take their maximum allocation each year, even if just to spill it on the ground, for fear that, if they don’t, they could lose the right to take that water in the future. Changes in the laws that remove the threat of penalties for not exercising water rights, or that expand rewards for ranchers who conserve water, could be an easy remedy.
A breathtaking amount of the water from the Colorado — about 10% of the river’s recent total flow — simply evaporates off the sprawling surfaces of large reservoirs as they bake in the sun. Last year, evaporative losses from Lake Mead and Lake Powell alone added up to almost a million acre feet of water — or nearly twice what Arizona will be forced to give up now as a result of this month’s shortage declaration. These losses are increasing as the climate warms. Yet federal officials have so far discounted technological fixes — like covering the water surface to reduce the losses — and they continue to maintain both reservoirs, even though both of them are only around a third full. If the two were combined, some experts argue, much of those losses could be avoided.
For all the hard-won progress made at the negotiating table, it remains to be seen whether the stakeholders can tackle the looming challenges that come next. Over the years, Western states and tribes have agreed on voluntary cuts, which defused much of the political chaos that would otherwise have resulted from this month’s shortage declaration, but they remain disparate and self-interested parties hoping they can miraculously agree on a way to manage the river without truly changing their ways. For all their wishful thinking, climate science suggests there is no future in the region that does not include serious disruptions to its economy, growth trajectory and perhaps even quality of life.
The uncomfortable truth is that difficult and unpopular decisions are now unavoidable. Prohibiting some water uses as unacceptable — long eschewed as antithetical to personal freedoms and the rules of capitalism — is now what’s needed most.
The laws that determine who gets water in the West, and how much of it, are based on the principle of “beneficial use” — generally the idea that resources should further economic advancement. But whose economic advancement? Do we support the farmers in Arizona who grow alfalfa to feed cows in the United Arab Emirates? Or do we ensure the survival of the Colorado River, which supports some 8% of the nation’s GDP?
Earlier this month, the Bureau of Reclamation released lesser-noticed projections for water levels, and they are sobering. The figures include an estimate for what the bureau calls “minimum probable in flow” — or the low end of expectations. Water levels in Lake Mead could drop by another 40 vertical feet by the middle 2023, ultimately reaching just 1,026 feet above sea level — an elevation that further threatens Lake Mead’s hydroelectric power generation for about 1.3 million people in Arizona, California and Nevada. At 895 feet, the reservoir would become what’s called a “dead pool”; water would no longer be able to flow downstream.
The bureau’s projections mean we are close to uncharted territory. The current shortage agreement, negotiated between the states in 2007, only addresses shortages down to a lake elevation of 1,025 feet. After that, the rules become murky, and there is greater potential for fraught legal conflicts. Northern states in the region, for example, are likely to ask why the vast evaporation losses from Lake Mead, which stores water for the southern states, have never been counted as a part of the water those southern states use. Fantastical and expensive solutions that have previously been dismissed by the federal government — like the desalinization of seawater, towing icebergs from the Arctic or pumping water from the Mississippi River through a pipeline — are likely to be seriously considered. None of this, however, will be enough to solve the problem unless it’s accompanied by serious efforts to lower carbon dioxide emissions, which are ultimately responsible for driving changes to the climate.
Meanwhile, population growth in Arizona and elsewhere in the basin is likely to continue, at least for now, because short-term fixes so far have obscured the seriousness of the risks to the region. Water is still cheap, thanks to the federal subsidies for all those dams and canals that make it seem plentiful. The myth persists that technology can always outrun nature, that the American West holds endless possibility. It may be the region’s undoing. As the author Wallace Stegner once wrote: “One cannot be pessimistic about the West. This is the native home of hope.”
Originally published on ProPublica by Abrahm Lustgarten via Creative Commons. This article is co-published with The New York Times.
Thousands crowded near the only way out of Afghanistan ahead of U.S. August 31 deadline
It has been reported that at least two explosions and gunfire occurred just outside Kabul airport. The blast happened around one of the entry gates of the Hamid Karzai International Airport on Thursday August 26, 2021.
Based on an AMN report and Pentagon statements, the blast may have been the result of a suicide attack. There have been casualties and injuries, including U.S. service members among Afghan citizens, however no additional details have been confirmed.
This is an emerging, breaking story and various outlets, including Fox News, The Wall Street Journal and others have reported multiple, sometimes conflicting totals regarding the dead and wounded.
Fox News reported 10 Marines were killed, up from four, according to U.S. officials
“We can confirm that the explosion at the Abbey Gate was the result of a complex attack that resulted in a number of US & civilian casualties. We can also confirm at least one other explosion at or near the Baron Hotel, a short distance from Abbey Gate. We will continue to update,” Pentagon spokesman John Kirby tweeted.
— Maj. Gen. Patrick Ryder (@PentagonPresSec) August 26, 2021
The following bullet points were published in the Fox News article cited above:
A suicide bombing outside the Abbey Gate at Kabul’s airport in Afghanistan Thursday has killed at least 10 U.S. Marines and soldiers, U.S. officials tell Fox News.
A U.S. official indicated that the attack set off a firefight at Abbey Gate, where last night, there were 5,000 Afghans and potentially some Americans seeking access to the airport.
A second explosion happened outside the Baron Hotel, sources say.
Chair of the Federal Trade Commission Lina Khan posted on her Twitter the official press release of its position against Facebook.
Pulling no punches the language of the filing leaves no doubt as to the direction of the FTC going forward in this case. Illegal, Bribery, “Buy-or-Bury Scheme” these are characterizations that go to the heart of anticompetitive and monopolistic behavior of the giant. FTC Bureau of Competition Acting Director, Holly Vedova, said ““This conduct is no less anticompetitive than if Facebook had bribed emerging app competitors not to compete. The antitrust laws were enacted to prevent precisely this type of illegal activity by monopolists.”
While The Federal Trade Commission’s mandate has traditionally been “to promote competition and protect and educate consumers” the attempt by big tech to appear “helpful” to consumers with hidden costs and deflated pricing is finally at issue with Kahn in the chair. Khan’s famous 2017 article; “Amazon’s Antitrust Paradox“ helped to re-define a new direction for antitrust law for the digital age, which appears to be in the early stages of fulfillment at the agency under her leadership.
FTC Alleges Facebook Resorted to Illegal Buy-or-Bury Scheme to Crush Competition After String of Failed Attempts to Innovatehttps://t.co/tR9yokuyFo
As described in the amended case, upon Facebook starting out as an open space for third party developers, the company quickly reversed (pulling a bait-and-switch) by requiring developers to terms that would have prevented successful applications from emerging as competitive threats to the company.
As reported from Reuters, in the 80 page new complaint, the U.S. Federal Trade Commission (FTC) accuses Facebook of illegally monopolizing power. The refiled case includes additional evidence which is intended to support FTC’s case that Facebook dominates the U.S. personal social networking market.
In the headline of its press release, FTC alleges the company resorted to “illegal buy-or-bury- scheme to crush competition after string of failed attempts to innovate”.
“Despite causing significant customer dissatisfaction, Facebook has enjoyed enormous profits for an extended period of time suggesting both that it has monopoly power and that its personal social networking rivals are not able to overcome entry barriers and challenge its dominance,”
AMENDED complaint – federal trade COMMISSION
The FTC voted 3-2 to file the amended lawsuit. They also denied Facebook’s request that Lina Khan be recused, Khan participated in the filing of the new complaint.
Evacuations resume with green light from Afghanistan’s new rulers
Although no concrete timetable for the evacuation of Americans and Afghan allies has been solidified with Taliban, according to AP, Biden’s national security adviser, Jake Sullivan reports that the Taliban has agreed to allow U.S. directed “safe passage” from Afghanistan.
Despite some civilians encountering resistance and even violence as they attempted to reach Kabul international airport, “very large numbers” were reaching destinations. After interruptions (due to Afghans rushing onto tarmac) , per Pentagon officials, the airlift is back on track and schedule being accelerated.
“I cautioned them against interference in our evacuation, and made it clear to them that any attack would be met with overwhelming force in the defense of our forces”
-Gen. Frank McKenzie, head of U.S. Central Command
A total of more than 6,000 U.S. troops are expected to be involved in securing the airport. The White House reports 13 flights on Tuesday airlifted 1,100 U.S. citizens. President Biden wants the evaluation to be completed by the end of the month, August 31, 2021.
Greg Abbott, the Republican Governor for Texas tested positive for Covid-19. The news comes in the middle of the legal battles over banning vaccination and mask mandates in the state, despite opposition from both local officials and school districts.
According to NBC News, Abbott is fully vaccinated, there are reports he also received a 3rd booster shot and is currently receiving Regeneron’s antibody treatment (usually exclusive to those with compromised immune systems). Per his communication’s director, he is “in good health, and currently experiencing no symptoms.”
“Governor Abbott is in constant communication with his staff, agency heads, and government officials to ensure that state government continues to operate smoothly and efficiently”
-Mark Miner, the governor’s communications director
Perhaps a “bit” hyprocritcal? Abbott has access and benefits from any and all possible medical services necessary. Unfortunately the same privilege is not available to most ordinary Texans, where currently the state is experiencing a surge of new cases and hospitalizations
There’s a storm brewing and tech mega-monsters like Amazon, Google & Facebook know it
Practically since the day that Lina M. Kahn was appointed chair of the FTC, big tech giants have shown that they are worried. Both Amazon and Facebook filed suits asking that she recuse herself almost immediately.
Khan’s famous 2017 article; “Amazon’s Antitrust Paradox“, published in the Yale Law Journal was both the obvious initial catalyst to her becoming chair of the FTC and also Amazon being unhappy that she would be at the helm of the FTC while antitrust actions are being brought against them.
The idea of removing her would have obvious appeal for those that fear her dedication to a new antitrust stance at the FTC, one that no longer allows digital behemoths to skate, monopolize and grow unchecked. But there is likely little chance that they can get her off their metaphorical backs that easily.
As per the Guardian: “Khan does not have any conflicts of interest under federal ethics laws, which typically apply to financial investments or employment history, and the requests [for her recusal] are not likely to go far.”
The speed and seeming ease of the fall of Afghanistan to the Taliban this week shocked the world. First cities around the country fell, one after another, and then, just days later, the nation’s capitol Kabul was ready to go.
“The urgency bordering on panic laid bare how the president’s strategy for ending the 20-year U.S. military effort — leaving Afghan forces to hold off the Taliban for months as negotiators redoubled efforts to hammer out a peace deal — has undergone a rapid dismantling.”
Washington Post
The Kabul airport became virtually the last US controlled zone as scenes reminiscent of the fall of Saigon were broadcast over the weekend, showing the desperate scramble to evacuate remaining personnel.
The FEC’s inspector general has called for the agency to review its policies and internal controls after ProPublica revealed a key employee’s undisclosed ties to Trump.
The inspector general for the Federal Election Commission is calling on the agency to review its ethics policies and internal controls after a ProPublica investigation last year revealed that a senior manager openly supported Donald Trump and maintained a close relationship with a Republican attorney who went on to serve as the 2016 Trump campaign’s top lawyer.
The report by ProPublica raised questions about the impartiality of the FEC official, Debbie Chacona, a civil servant who oversees the unit responsible for keeping unlawful contributions out of U.S. political campaigns. The division’s staffers are supposed to adhere to a strict ethics code and forgo any public partisan activities because such actions could imply preferential treatment for a candidate or party and jeopardize the commission’s credibility.
In its findings, the inspector general said Chacona, head of the FEC’s Reports Analysis Division, or RAD, did not improperly intervene in a review of the Trump inaugural committee’s fundraising and acted “consistent with relevant law and policy” by allowing career analysts to handle the filings.
But the inspector general said “it is important to address the ethical principle that federal employees should avoid even the appearance of impropriety.” It added that the FEC’s “unique mission raises heightened concerns when allegations of personal or political bias are raised against FEC senior personnel that could undermine the public’s confidence in the agency” and recommended the commission “evaluate the current agency policies on ethical behavior and update them, as may be appropriate.”
Chacona displayed her support for Trump in Facebook posts, including one in which she posed with her family around a “Make America Great Again” sign at Trump’s January 2017 inaugural. Separately, emails obtained by ProPublica showed that she also consulted regularly on matters personal and professional with the Republican lawyer, Donald McGahn, when he was an FEC commissioner from 2008 to September 2013.
After Trump’s election, the fundraising practices of his inaugural committee prompted complaints that the FEC failed to properly examine contributions. As head of RAD, Chacona signed off on amended filings by the committee intended to address some of those complaints even though the revised reports continued to list problematic donations, including ones from donors whose addresses didn’t exist in public records.
The 300-employee FEC is an independent regulatory agency that was created by Congress to enforce campaign finance law. It is headed by six presidentially appointed commissioners, four of whom must vote together for the agency to take any official action, a requirement that was meant to bolster nonpartisan compromise but has resulted in chronic gridlock.
The inspector general also took issue with the way the FEC regulates presidential inaugural committees, which are nonprofit entities separate from campaign committees. Trump’s inaugural committee raised a record-breaking $107 million from more than 1,000 contributors. Its initial disclosure report was 510 pages.
The inspector general found that unlike with campaign committees, FEC policy confers “broad, subjective discretion to the RAD senior manager to determine what potential violations of law warrant further inquiry” when it comes to inaugural committees. It called such a standard “ill-defined and subjective,” cautioning that it could create “a reasonable likelihood of inconsistent results and arbitrary or capricious application (in fact or appearance).”
The inspector general also said that unlike political committees, which file their reports to the FEC electronically, inaugural committee disclosure reports are filed on paper to the commission and then manually reviewed by agency staffers — a system the inspector general said was “antiquated and lacks adequate internal controls.”
Asked what the agency has done to address the appearance of a conflict of interest at RAD and whether the agency planned on adopting any of the inspector general recommendations, an FEC spokesperson declined to comment.
McGahn, who was appointed White House counsel after serving as the Trump campaign’s top lawyer, now heads the government regulations group at the law firm Jones Day. He did not respond to messages seeking comment; in a response for the earlier ProPublica story, he said he doesn’t comment on “nonsense.” Chacona did not respond to a message seeking comment. A spokesperson for Trump’s inaugural committee didn’t return a message seeking comment.
The inspector general said that it interviewed FEC lawyers and RAD staffers, and that it obtained and reviewed agency records to conduct its inquiry. Commissioners were notified of the investigators’ findings at the end of July.
With its unprecedented haul and its questionable outlays, Trump’s inaugural committee drew swift attention from journalists and regulators. The Washington, D.C., attorney general has sued the committee, accusing it of enriching the Trump family business by spending lavishly at Trump-owned properties, claims the committee has denied in court papers. Separately, federal prosecutors subpoenaed the committee’s donor records as part of an inquiry into illegal contributions made by foreign nationals.
Both inaugural and political committees are prohibited from accepting contributions from foreign nationals. But Trump’s inaugural committee included in its disclosure reports donations from contributors outside the U.S., and RAD relied on the word of the committee that the donors were indeed U.S. citizens, the inspector general report found. Investigators took issue with that practice. They noted that RAD’s policy of accepting a committee’s “self-certification” wasn’t memorialized in any policy, and they recommended that the division set a threshold when such a contribution would trigger further inquiry to independently verify the source of the money.
Fred Wertheimer, whose advocacy group Democracy 21 helped file a 2017 FEC complaint against Trump’s inaugural committee, which the agency’s general counsel later dismissed, said the head of RAD should have recused herself from overseeing the committee’s filings.
“In my view Ms. Chacona had a clear appearance of conflict and never should’ve gone anywhere near the inaugural committee’s report,” said Wertheimer, who was derided by Chacona and McGahn in the email exchanges obtained by ProPublica.
This story was originally published by ProPublica.
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In 2007, Jeff Bezos, then a multibillionaire and now the world’s richest man, did not pay a penny in federal income taxes. He achieved the feat again in 2011. In 2018, Tesla founder Elon Musk, the second-richest person in the world, also paid no federal income taxes.
Michael Bloomberg managed to do the same in recent years. Billionaire investor Carl Icahn did it twice. George Soros paid no federal income tax three years in a row.
ProPublica has obtained a vast trove of Internal Revenue Service data on the tax returns of thousands of the nation’s wealthiest people, covering more than 15 years. The data provides an unprecedented look inside the financial lives of America’s titans, including Warren Buffett, Bill Gates, Rupert Murdoch and Mark Zuckerberg. It shows not just their income and taxes, but also their investments, stock trades, gambling winnings and even the results of audits.
Taken together, it demolishes the cornerstone myth of the American tax system: that everyone pays their fair share and the richest Americans pay the most. The IRS records show that the wealthiest can — perfectly legally — pay income taxes that are only a tiny fraction of the hundreds of millions, if not billions, their fortunes grow each year.
Many Americans live paycheck to paycheck, amassing little wealth and paying the federal government a percentage of their income that rises if they earn more. In recent years, the median American household earned about $70,000 annually and paid 14% in federal taxes. The highest income tax rate, 37%, kicked in this year, for couples, on earnings above $628,300.
The confidential tax records obtained by ProPublica show that the ultrarich effectively sidestep this system.
America’s billionaires avail themselves of tax-avoidance strategies beyond the reach of ordinary people. Their wealth derives from the skyrocketing value of their assets, like stock and property. Those gains are not defined by U.S. laws as taxable income unless and until the billionaires sell.
To capture the financial reality of the richest Americans, ProPublica undertook an analysis that has never been done before. We compared how much in taxes the 25 richest Americans paid each year to how much Forbes estimated their wealth grew in that same time period.
We’re going to call this their true tax rate.
The results are stark. According to Forbes, those 25 people saw their worth rise a collective $401 billion from 2014 to 2018. They paid a total of $13.6 billion in federal income taxes in those five years, the IRS data shows. That’s a staggering sum, but it amounts to a true tax rate of only 3.4%.
It’s a completely different picture for middle-class Americans, for example, wage earners in their early 40s who have amassed a typical amount of wealth for people their age. From 2014 to 2018, such households saw their net worth expand by about $65,000 after taxes on average, mostly due to the rise in value of their homes. But because the vast bulk of their earnings were salaries, their tax bills were almost as much, nearly $62,000, over that five-year period.
No one among the 25 wealthiest avoided as much tax as Buffett, the grandfatherly centibillionaire. That’s perhaps surprising, given his public stance as an advocate of higher taxes for the rich. According to Forbes, his riches rose $24.3 billion between 2014 and 2018. Over those years, the data shows, Buffett reported paying $23.7 million in taxes.
That works out to a true tax rate of 0.1%, or less than 10 cents for every $100 he added to his wealth.
In the coming months, ProPublica will use the IRS data we have obtained to explore in detail how the ultrawealthy avoid taxes, exploit loopholes and escape scrutiny from federal auditors.
Experts have long understood the broad outlines of how little the wealthy are taxed in the United States, and many lay people have long suspected the same thing.
But few specifics about individuals ever emerge in public. Tax information is among the most zealously guarded secrets in the federal government. ProPublica has decided to reveal individual tax information of some of the wealthiest Americans because it is only by seeing specifics that the public can understand the realities of the country’s tax system.
Consider Bezos’ 2007, one of the years he paid zero in federal income taxes. Amazon’s stock more than doubled. Bezos’ fortune leapt $3.8 billion, according to Forbes, whose wealth estimates are widely cited. How did a person enjoying that sort of wealth explosion end up paying no income tax?
In that year, Bezos, who filed his taxes jointly with his then-wife, MacKenzie Scott, reported a paltry (for him) $46 million in income, largely from interest and dividend payments on outside investments. He was able to offset every penny he earned with losses from side investments and various deductions, like interest expenses on debts and the vague catchall category of “other expenses.”
In 2011, a year in which his wealth held roughly steady at $18 billion, Bezos filed a tax return reporting he lost money — his income that year was more than offset by investment losses. What’s more, because, according to the tax law, he made so little, he even claimed and received a $4,000 tax credit for his children.
His tax avoidance is even more striking if you examine 2006 to 2018, a period for which ProPublica has complete data. Bezos’ wealth increased by $127 billion, according to Forbes, but he reported a total of $6.5 billion in income. The $1.4 billion he paid in personal federal taxes is a massive number — yet it amounts to a 1.1% true tax rate on the rise in his fortune.
The revelations provided by the IRS data come at a crucial moment. Wealth inequality has become one of the defining issues of our age. The president and Congress are considering the most ambitious tax increases in decades on those with high incomes. But the American tax conversation has been dominated by debate over incremental changes, such as whether the top tax rate should be 39.6% rather than 37%.
ProPublica’s data shows that while some wealthy Americans, such as hedge fund managers, would pay more taxes under the current Biden administration proposals, the vast majority of the top 25 would see little change.
ProPublica is not disclosing how it obtained the data, which was given to us in raw form, with no conditions or conclusions. ProPublica reporters spent months processing and analyzing the material to transform it into a usable database.
We then verified the information by comparing elements of it with dozens of already public tax details (in court documents, politicians’ financial disclosures and news stories) as well as by vetting it with individuals whose tax information is contained in the trove. Every person whose tax information is described in this story was asked to comment. Those who responded, including Buffett, Bloomberg and Icahn, all said they had paid the taxes they owed.
A spokesman for Soros said in a statement: “Between 2016 and 2018 George Soros lost money on his investments, therefore he did not owe federal income taxes in those years. Mr. Soros has long supported higher taxes for wealthy Americans.” Personal and corporate representatives of Bezos declined to receive detailed questions about the matter. ProPublica attempted to reach Scott through her divorce attorney, a personal representative and family members; she did not respond. Musk responded to an initial query with a lone punctuation mark: “?” After we sent detailed questions to him, he did not reply.
One of the billionaires mentioned in this article objected, arguing that publishing personal tax information is a violation of privacy. We have concluded that the public interest in knowing this information at this pivotal moment outweighs that legitimate concern.
The consequences of allowing the most prosperous to game the tax system have been profound. Federal budgets, apart from military spending, have been constrained for decades. Roads and bridges have crumbled, social services have withered and the solvency of Social Security and Medicare is perpetually in question.
There is an even more fundamental issue than which programs get funded or not: Taxes are a kind of collective sacrifice. No one loves giving their hard-earned money to the government. But the system works only as long as it’s perceived to be fair.
Our analysis of tax data for the 25 richest Americans quantifies just how unfair the system has become.
By the end of 2018, the 25 were worth $1.1 trillion.
For comparison, it would take 14.3 million ordinary American wage earners put together to equal that same amount of wealth.
The personal federal tax bill for the top 25 in 2018: $1.9 billion.
The bill for the wage earners: $143 billion.
The idea of a regular tax on income, much less on wealth, does not appear in the country’s founding documents. In fact, Article 1 of the U.S. Constitution explicitly prohibits “direct” taxes on citizens under most circumstances. This meant that for decades, the U.S. government mainly funded itself through “indirect” taxes: tariffs and levies on consumer goods like tobacco and alcohol.
With the costs of the Civil War looming, Congress imposed a national income tax in 1861. The wealthy helped force its repeal soon after the war ended. (Their pique could only have been exacerbated by the fact that the law required public disclosure. The annual income of the moguls of the day — $1.3 million for William Astor; $576,000 for Cornelius Vanderbilt — was listed in the pages of The New York Times in 1865.)
By the late 19th and early 20th century, wealth inequality was acute and the political climate was changing. The federal government began expanding, creating agencies to protect food, workers and more. It needed funding, but tariffs were pinching regular Americans more than the rich. The Supreme Court had rejected an 1894 law that would have created an income tax. So Congress moved to amend the Constitution. The 16th Amendment was ratified in 1913 and gave the government power “to lay and collect taxes on incomes, from whatever source derived.”
In the early years, the personal income tax worked as Congress intended, falling squarely on the richest. In 1918, only 15% of American families owed any tax. The top 1% paid 80% of the revenue raised, according to historian W. Elliot Brownlee.
But a question remained: What would count as income and what wouldn’t? In 1916, a woman named Myrtle Macomber received a dividend for her Standard Oil of California shares. She owed taxes, thanks to the new law. The dividend had not come in cash, however. It came in the form of an additional share for every two shares she already held. She paid the taxes and then brought a court challenge: Yes, she’d gotten a bit richer, but she hadn’t received any money. Therefore, she argued, she’d received no “income.”
Four years later, the Supreme Court agreed. In Eisner v. Macomber, the high court ruled that income derived only from proceeds. A person needed to sell an asset — stock, bond or building — and reap some money before it could be taxed.
Since then, the concept that income comes only from proceeds — when gains are “realized” — has been the bedrock of the U.S. tax system. Wages are taxed. Cash dividends are taxed. Gains from selling assets are taxed. But if a taxpayer hasn’t sold anything, there is no income and therefore no tax.
Contemporary critics of Macomber were plentiful and prescient. Cordell Hull, the congressman known as the “father” of the income tax, assailed the decision, according to scholar Marjorie Kornhauser. Hull predicted that tax avoidance would become common. The ruling opened a gaping loophole, Hull warned, allowing industrialists to build a company and borrow against the stock to pay living expenses. Anyone could “live upon the value” of their company stock “without selling it, and of course, without ever paying” tax, he said.
Hull’s prediction would reach full flower only decades later, spurred by a series of epochal economic, legal and cultural changes that began to gather momentum in the 1970s. Antitrust enforcers increasingly accepted mergers and stopped trying to break up huge corporations. For their part, companies came to obsess over the value of their stock to the exclusion of nearly everything else. That helped give rise in the last 40 years to a series of corporate monoliths — beginning with Microsoft and Oracle in the 1980s and 1990s and continuing to Amazon, Google, Facebook and Apple today — that often have concentrated ownership, high profit margins and rich share prices. The winner-take-all economy has created modern fortunes that by some measures eclipse those of John D. Rockefeller, J.P. Morgan and Andrew Carnegie.
In the here and now, the ultrawealthy use an array of techniques that aren’t available to those of lesser means to get around the tax system.
Certainly, there are illegal tax evaders among them, but it turns out billionaires don’t have to evade taxes exotically and illicitly — they can avoid them routinely and legally.
Most Americans have to work to live. When they do, they get paid — and they get taxed. The federal government considers almost every dollar workers earn to be “income,” and employers take taxes directly out of their paychecks.
The Bezoses of the world have no need to be paid a salary. Bezos’ Amazon wages have long been set at the middle-class level of around $80,000 a year.
For years, there’s been something of a competition among elite founder-CEOs to go even lower. Steve Jobs took $1 in salary when he returned to Apple in the 1990s. Facebook’s Zuckerberg, Oracle’s Larry Ellison and Google’s Larry Page have all done the same.
Yet this is not the self-effacing gesture it appears to be: Wages are taxed at a high rate. The top 25 wealthiest Americans reported $158 million in wages in 2018, according to the IRS data. That’s a mere 1.1% of what they listed on their tax forms as their total reported income. The rest mostly came from dividends and the sale of stock, bonds or other investments, which are taxed at lower rates than wages.
As Congressman Hull envisioned long ago, the ultrawealthy typically hold fast to shares in the companies they’ve founded. Many titans of the 21st century sit on mountains of what are known as unrealized gains, the total size of which fluctuates each day as stock prices rise and fall. Of the $4.25 trillion in wealth held by U.S. billionaires, some $2.7 trillion is unrealized, according to Emmanuel Saez and Gabriel Zucman, economists at the University of California, Berkeley.
Buffett has famously held onto his stock in the company he founded, Berkshire Hathaway, the conglomerate that owns Geico, Duracell and significant stakes in American Express and Coca-Cola. That has allowed Buffett to largely avoid transforming his wealth into income. From 2015 through 2018, he reported annual income ranging from $11.6 million to $25 million. That may seem like a lot, but Buffett ranks as roughly the world’s sixth-richest person — he’s worth $110 billion as of Forbes’ estimate in May 2021. At least 14,000 U.S. taxpayers in 2015 reported higher income than him, according to IRS data.
There’s also a second strategy Buffett relies on that minimizes income, and therefore, taxes. Berkshire does not pay a dividend, the sum (a piece of the profits, in theory) that many companies pay each quarter to those who own their stock. Buffett has always argued that it is better to use that money to find investments for Berkshire that will further boost the value of shares held by him and other investors. If Berkshire had offered anywhere close to the average dividend in recent years, Buffett would have received over $1 billion in dividend income and owed hundreds of millions in taxes each year.
Many Silicon Valley and infotech companies have emulated Buffett’s model, eschewing stock dividends, at least for a time. In the 1980s and 1990s, companies like Microsoft and Oracle offered shareholders rocketing growth and profits but did not pay dividends. Google, Facebook, Amazon and Tesla do not pay dividends.
In a detailed written response, Buffett defended his practices but did not directly address ProPublica’s true tax rate calculation. “I continue to believe that the tax code should be changed substantially,” he wrote, adding that he thought “huge dynastic wealth is not desirable for our society.”
The decision not to have Berkshire pay dividends has been supported by the vast majority of his shareholders. “I can’t think of any large public company with shareholders so united in their reinvestment beliefs,” he wrote. And he pointed out that Berkshire Hathaway pays significant corporate taxes, accounting for 1.5% of total U.S. corporate taxes in 2019 and 2020.
Buffett reiterated that he has begun giving his enormous fortune away and ultimately plans to donate 99.5% of it to charity. “I believe the money will be of more use to society if disbursed philanthropically than if it is used to slightly reduce an ever-increasing U.S. debt,” he wrote.
So how do megabillionaires pay their megabills while opting for $1 salaries and hanging onto their stock? According to public documents and experts, the answer for some is borrowing money — lots of it.
For regular people, borrowing money is often something done out of necessity, say for a car or a home. But for the ultrawealthy, it can be a way to access billions without producing income, and thus, income tax.
The tax math provides a clear incentive for this. If you own a company and take a huge salary, you’ll pay 37% in income tax on the bulk of it. Sell stock and you’ll pay 20% in capital gains tax — and lose some control over your company. But take out a loan, and these days you’ll pay a single-digit interest rate and no tax; since loans must be paid back, the IRS doesn’t consider them income. Banks typically require collateral, but the wealthy have plenty of that.
The vast majority of the ultrawealthy’s loans do not appear in the tax records obtained by ProPublica since they are generally not disclosed to the IRS. But occasionally, the loans are disclosed in securities filings. In 2014, for example, Oracle revealed that its CEO, Ellison, had a credit line secured by about $10 billion of his shares.
Last year Tesla reported that Musk had pledged some 92 million shares, which were worth about $57.7 billion as of May 29, 2021, as collateral for personal loans.
With the exception of one year when he exercised more than a billion dollars in stock options, Musk’s tax bills in no way reflect the fortune he has at his disposal. In 2015, he paid $68,000 in federal income tax. In 2017, it was $65,000, and in 2018 he paid no federal income tax. Between 2014 and 2018, he had a true tax rate of 3.27%.
The IRS records provide glimpses of other massive loans. In both 2016 and 2017, investor Carl Icahn, who ranks as the 40th-wealthiest American on the Forbes list, paid no federal income taxes despite reporting a total of $544 million in adjusted gross income (which the IRS defines as earnings minus items like student loan interest payments or alimony). Icahn had an outstanding loan of $1.2 billion with Bank of America among other loans, according to the IRS data. It was technically a mortgage because it was secured, at least in part, by Manhattan penthouse apartments and other properties.
Borrowing offers multiple benefits to Icahn: He gets huge tranches of cash to turbocharge his investment returns. Then he gets to deduct the interest from his taxes. In an interview, Icahn explained that he reports the profits and losses of his business empire on his personal taxes.
Icahn acknowledged that he is a “big borrower. I do borrow a lot of money.” Asked if he takes out loans also to lower his tax bill, Icahn said: “No, not at all. My borrowing is to win. I enjoy the competition. I enjoy winning.”
He said adjusted gross income was a misleading figure for him. After taking hundreds of millions in deductions for the interest on his loans, he registered tax losses for both years, he said. “I didn’t make money because, unfortunately for me, my interest was higher than my whole adjusted income.”
Asked whether it was appropriate that he had paid no income tax in certain years, Icahn said he was perplexed by the question. “There’s a reason it’s called income tax,” he said. “The reason is if, if you’re a poor person, a rich person, if you are Apple — if you have no income, you don’t pay taxes.” He added: “Do you think a rich person should pay taxes no matter what? I don’t think it’s germane. How can you ask me that question?”
Skeptics might question our analysis of how little the superrich pay in taxes. For one, they might argue that owners of companies get hit by corporate taxes. They also might counter that some billionaires cannot avoid income — and therefore taxes. And after death, the common understanding goes, there’s a final no-escape clause: the estate tax, which imposes a steep tax rate on sums over $11.7 million.
ProPublica found that none of these factors alter the fundamental picture.
Take corporate taxes. When companies pay them, economists say, these costs are passed on to the companies’ owners, workers or even consumers. Models differ, but they generally assume big stockholders shoulder the lion’s share.
For some of the nation’s wealthiest people, particularly Bezos and Musk, adding corporate taxes to the equation would hardly change anything at all. Other companies like Berkshire Hathaway and Walmart do pay more, which means that for people like Buffett and the Waltons, corporate tax could add significantly to their burden.
It is also true that some billionaires don’t avoid taxes by avoiding incomes. In 2018, nine of the 25 wealthiest Americans reported more than $500 million in income and three more than $1 billion.
In such cases, though, the data obtained by ProPublica shows billionaires have a palette of tax-avoidance options to offset their gains using credits, deductions (which can include charitable donations) or losses to lower or even zero out their tax bills. Some own sports teams that offer such lucrative write-offs that owners often end up paying far lower tax rates than their millionaire players. Others own commercial buildings that steadily rise in value but nevertheless can be used to throw off paper losses that offset income.
Michael Bloomberg, the 13th-richest American on the Forbes list, often reports high income because the profits of the private company he controls flow mainly to him.
In 2018, he reported income of $1.9 billion. When it came to his taxes, Bloomberg managed to slash his bill by using deductions made possible by tax cuts passed during the Trump administration, charitable donations of $968.3 million and credits for having paid foreign taxes. The end result was that he paid $70.7 million in income tax on that almost $2 billion in income. That amounts to just a 3.7% conventional income tax rate. Between 2014 and 2018, Bloomberg had a true tax rate of 1.30%.
In a statement, a spokesman for Bloomberg noted that as a candidate, Bloomberg had advocated for a variety of tax hikes on the wealthy. “Mike Bloomberg pays the maximum tax rate on all federal, state, local and international taxable income as prescribed by law,” the spokesman wrote. And he cited Bloomberg’s philanthropic giving, offering the calculation that “taken together, what Mike gives to charity and pays in taxes amounts to approximately 75% of his annual income.”
The statement also noted: “The release of a private citizen’s tax returns should raise real privacy concerns regardless of political affiliation or views on tax policy. In the United States no private citizen should fear the illegal release of their taxes. We intend to use all legal means at our disposal to determine which individual or government entity leaked these and ensure that they are held responsible.”
Ultimately, after decades of wealth accumulation, the estate tax is supposed to serve as a backstop, allowing authorities an opportunity to finally take a piece of giant fortunes before they pass to a new generation. But in reality, preparing for death is more like the last stage of tax avoidance for the ultrawealthy.
University of Southern California tax law professor Edward McCaffery has summarized the entire arc with the catchphrase “buy, borrow, die.”
The notion of dying as a tax benefit seems paradoxical. Normally when someone sells an asset, even a minute before they die, they owe 20% capital gains tax. But at death, that changes. Any capital gains till that moment are not taxed. This allows the ultrarich and their heirs to avoid paying billions in taxes. The “step-up in basis” is widely recognized by experts across the political spectrum as a flaw in the code.
Then comes the estate tax, which, at 40%, is among the highest in the federal code. This tax is supposed to give the government one last chance to get a piece of all those unrealized gains and other assets the wealthiest Americans accumulate over their lifetimes.
It’s clear, though, from aggregate IRS data, tax research and what little trickles into the public arena about estate planning of the wealthy that they can readily escape turning over almost half of the value of their estates. Many of the richest create foundations for philanthropic giving, which provide large charitable tax deductions during their lifetimes and bypass the estate tax when they die.
Wealth managers offer clients a range of opaque and complicated trusts that allow the wealthiest Americans to give large sums to their heirs without paying estate taxes. The IRS data obtained by ProPublica gives some insight into the ultrawealthy’s estate planning, showing hundreds of these trusts.
The result is that large fortunes can pass largely intact from one generation to the next. Of the 25 richest people in America today, about a quarter are heirs: three are Waltons, two are scions of the Mars candy fortune and one is the son of Estée Lauder.
In the past year and a half, hundreds of thousands of Americans have died from COVID-19, while millions were thrown out of work. But one of the bleakest periods in American history turned out to be one of the most lucrative for billionaires. They added $1.2 trillion to their fortunes from January 2020 to the end of April of this year, according to Forbes.
That windfall is among the many factors that have led the country to an inflection point, one that traces back to a half-century of growing wealth inequality and the financial crisis of 2008, which left many with lasting economic damage. American history is rich with such turns. There have been famous acts of tax resistance, like the Boston Tea Party, countered by less well-known efforts to have the rich pay more.
One such incident, over half a century ago, appeared as if it might spark great change. President Lyndon Johnson’s outgoing treasury secretary, Joseph Barr, shocked the nation when he revealed that 155 Americans making over $200,000 (about $1.6 million today) had paid no taxes. That group, he told the Senate, included 21 millionaires.
“We face now the possibility of a taxpayer revolt if we do not soon make major reforms in our income taxes,” Barr said. Members of Congress received more furious letters about the tax scofflaws that year than they did about the Vietnam War.
Congress did pass some reforms, but the long-term trend was a revolt in the opposite direction, which then accelerated with the election of Ronald Reagan in 1980. Since then, through a combination of political donations, lobbying, charitable giving and even direct bids for political office, the ultrawealthy have helped shape the debate about taxation in their favor.
One apparent exception: Buffett, who broke ranks with his billionaire cohort to call for higher taxes on the rich. In a famous New York Times op-ed in 2011, Buffett wrote, “My friends and I have been coddled long enough by a billionaire-friendly Congress. It’s time for our government to get serious about shared sacrifice.”
Buffett did something in that article that few Americans do: He publicly revealed how much he had paid in personal federal taxes the previous year ($6.9 million). Separately, Forbes estimated his fortune had risen $3 billion that year. Using that information, an observer could have calculated his true tax rate; it was 0.2%. But then, as now, the discussion that ensued on taxes was centered on the traditional income tax rate.
In 2011, President Barack Obama proposed legislation, known as the Buffett Rule. It would have raised income tax rates on people reporting over a million dollars a year. It didn’t pass. Even if it had, however, the Buffett Rule wouldn’t have raised Buffett’s taxes significantly. If you can avoid income, you can avoid taxes.
Today, just a few years after Republicans passed a massive tax cut that disproportionately benefited the wealthy, the country may be facing another swing of the pendulum, back toward a popular demand to raise taxes on the wealthy. In the face of growing inequality and with spending ambitions that rival those of Franklin D. Roosevelt or Johnson, the Biden administration has proposed a slate of changes. These include raising the tax rates on people making over $400,000 and bumping the top income tax rate from 37% to 39.6%, with a top rate for long-term capital gains to match that. The administration also wants to up the corporate tax rate and to increase the IRS’ budget.
Some Democrats have gone further, floating ideas that challenge the tax structure as it’s existed for the last century. Oregon Sen. Ron Wyden, the chairman of the Senate Finance Committee, has proposed taxing unrealized capital gains, a shot through the heart of Macomber. Sens. Elizabeth Warren and Bernie Sanders have proposed wealth taxes.
Aggressive new laws would likely inspire new, sophisticated avoidance techniques. A few countries, including Switzerland and Spain, have wealth taxes on a small scale. Several, most recently France, have abandoned them as unworkable. Opponents contend that they are complicated to administer, as it is hard to value assets, particularly of private companies and property.
What it would take for a fundamental overhaul of the U.S. tax system is not clear. But the IRS data obtained by ProPublica illuminates that all of these conversations have been taking place in a vacuum. Neither political leaders nor the public have ever had an accurate picture of how comprehensively the wealthiest Americans avoid paying taxes.
Buffett and his fellow billionaires have known this secret for a long time. As Buffett put it in 2011: “There’s been class warfare going on for the last 20 years, and my class has won.”
The online giant bans products related to drugs, spying and weapons, but we found plenty for sale; one of the items bought on the site left a grim trail of overdoses
By: Annie Gilbertson and Jon Keegan
Eric Falkowski said he made an easy living working a few hours a week making counterfeit prescription opioids before some two-dozen people overdosed and the authorities caught up with him.
He mixed fentanyl with active ingredients from Xanax and Tylenol and pressed the compound into pills that looked like Percocet, he said, down to the exact color and markings.
Where did he get the equipment? According to federal court records and Falkowski himself: Amazon.com.
“I purchased two pill presses on there. I also purchased the pill press dies, which are the molds to shape the pills and imprint them with whatever number they need be,” Falkowski said in a phone interview from prison, where he is serving a 22-year sentence for crimes connected to his counterfeit drug business.
“You search under the code on the pill … and it’ll just come up,” he added. “It really wasn’t that complex.”
Two people died after taking Falkowski’s pills, and another woman was found dead from an overdose on the property where he kept his makeshift lab, according to officials, law enforcement documents, and autopsy reports. More than 20 others were sickened by the pills but survived.
“Someone could wipe out a whole town” with these “poisonous pills,” said Derrick Helton, a former sheriff’s deputy for Rutherford County, Tenn., where the mass overdose took place. One of the fatalities was his sister Tiffanie Scott, a 33-year-old mother of a young daughter.
Amazon bans pill presses used to make prescription drugs. They’re included among 38 pages of third-party seller rules and prohibitions for its U.S. marketplace.
Yet an investigation by The Markup found that Amazon fails to properly enforce that list, allowing third-party sellers to put up and sell banned items.
Alongside its third-party marketplace, Amazon sells products to consumers directly, and The Markup found it was also selling banned items itself, revealing cracks in the largely automated purchasing system that feeds its massive product catalog.
We found nearly 100 listings for products that the company bans under its categories of drugs, theft, spying, weapons and other dangerous items, a virtual back alley where mostly third-party sellers peddle prohibited goods, some of which are used for illicit and potentially criminal activities.
Amazon’s Choice?
The Markup filled a shopping cart with a bounty of banned items: marijuana bongs, “dab kits” used to inhale cannabis concentrates, “crackers” that can be used to get high on nitrous oxide, and compounds that reviews showed were used as injectable drugs.
We found two pill presses and a die used to shape tablets into a Transformers logo, which is among the characters that have been found imprinted on club drugs such as ecstasy. We found listings for prohibited tools for picking locks and jimmying open car doors. And we found AR-15 gun parts and accessories that Amazon specifically bans.
Almost three dozen listings for banned items were sold by third parties but available to ship from Amazon’s own warehouses. At least four were listed as “Amazon’s Choice.”
The phrase “ships from and sold by Amazon.com” appeared beneath the buy button of five of the banned items we found, which two former employees confirmed means those products are, in fact, sold by Amazon. In addition, one of the sellers we were able to reach also confirmed it sold the items to Amazon.
Many of the items we found had been up for sale for months, some with positive reviews showing they had been sold, including some of the items sold directly by Amazon.
And Amazon led us right to the prohibited listings. When we typed “bong” into the website’s search bar, autocomplete suggestions included “bongs for smoking weed.” When we typed “pill press,” autocomplete suggested “pill press for making pills xanax.”
In a written statement to The Markup, Amazon spokesperson Patrick Graham said the company has “proactive measures in place to prevent suspicious or prohibited products from being listed,” and that the company stopped more than six billion “suspected bad listings” from posting last year, repeating the company’s remarks to Congress earlier this year.
“If products that are against our policies are found on our site, we immediately remove the listing, take action on the bad actor, and further improve our systems,” he said.
Graham did not respond directly to many of our specific questions, including how many of the banned items that The Markup found had been sold, why the company had not noticed some of them for months, why some were listed as Amazon’s Choice, and why many were stored in Amazon’s warehouses for shipment.
He did not respond at all to questions about why Amazon itself had offered banned items for sale.
Most of the banned listings we reported to Amazon have been removed, although at least three have popped back up.
The company removed the six specific terms that we mentioned from autocomplete, according to Graham, who said that feature is informed by “similar searches by other customers.” He wouldn’t say whether the company also removed all other banned items from autocomplete.
Graham also declined to explain why the company chose to allow 13 listings for banned items that we reported to the company to remain for sale. These products were specifically named as banned in Amazon’s rules, met the U.S. Department of Justice’s definition of drug paraphernalia, or were confirmed by two weapons experts to be a gun part or tool. Two of them were items that Amazon sells itself.
In addition to the nearly 100 listings for banned items we found for sale in the U.S. marketplace, we found several pill presses for sale on Amazon’s Canadian marketplace that were available for shipment to the United States. Amazon took them down after we reported them to the company, including a $4,100 TDP 5 Desktop Tablet Press, one of the models Falkowski used.
“Almost dead”
Michael “Shane” Shipley, 39, a native of Rutherford County, Tenn., was one of the people who died after taking Falkowski’s fake pills. He’d worked his entire adult life operating machinery at a local factory.
“I couldn’t even tell you what my dad’s death has done to my family,” his daughter Brittany Conway said in an interview.
Within a day of her father’s death, Conway said, she woke up in a hospital bed herself. She didn’t realize her father had slipped the counterfeit pills into his prescription bottle of Percocet at home and, distraught with grief, she had taken what she thought was a safe medication to help her relax.
“I went from up, talking—to almost dead,” Conway said.
Graham said Amazon’s policies allowed pill press sales when Falkowski was making counterfeit drugs in 2016. He declined comment on the overdoses and said, speaking in general, that the company is not responsible for harm from third-party product sales.
“We are not liable for those products because we do not make, distribute, or sell those products,” he said. He said that also applies to third-party products that are fulfilled by Amazon, which charges sellers to store and ship their items.
The company has successfully shielded itself from legal liability for harm caused by third-party products sold on its website by invoking Section 230 of the federal Communications Decency Act, which states websites are not responsible for third-party content that appears on their sites.
Last year, one federal appeals court ruled that Amazon may shoulder liability for a customer’s injuries from a defective product sold on its site, in part because the company “enables third-party vendors to conceal themselves from the customer, leaving customers injured by defective products with no direct recourse to the third-party vendor.”
Three million third parties from across the globe are now selling on Amazon’s platforms, according to e-commerce intelligence firm Marketplace Pulse. And third-party sellers have fueled the company’s explosive growth for years, according to a 2019 report to shareholders. Last year, Amazon third-party sales reportedly topped $200 billion—a sum that rivals the annual GDP of New Zealand.
Will It “Kill Someone?”
Multiple current and former employees, most of whom asked not to be named for fear of retaliation, said the company struggles to oversee that army of independent sellers.
“Because sellers have the ability to upload items themselves to the website, it makes it very difficult to police all of that without hindering the ability to do business,” said a former member of the product safety team who left the company in 2018. “Amazon knows there’s tons and tons and tons of stuff that shouldn’t be on the website.
“We basically would categorize risks based on their severity,” the former employee added. “Will this product injure or kill someone? Is it high legal risk?”
An Amazon executive acknowledged in the statement to Congress earlier this year that “bad listings” get through but said the company is working to shore up the slippage of “counterfeits, unsafe products, and other types of abuse” by requiring sellers of certain items to be preapproved, partnering with brands to pull counterfeits, and enhancing “proactive” tools to spot problems.
Yet Amazon’s sellers’ tools sometimes help, rather than hinder, the listing of banned items, The Markup found.
When we opened a new seller account and started listing a bong for sale, Amazon suggested we list it as a vase in home decor. We never posted it.
Last month, we successfully listed two banned items for sale: an AR-15 10-round magazine and an AR-15 armorer’s wrench. We removed them within minutes of confirming they had posted. We were able to evade detection by Amazon’s automated filters by purchasing a universal product code for the magazine and by both avoiding specific keywords and miscategorizing the items.
The listings went up even though we had no seller history and had already twice been prohibited from listing the same items using more precise descriptions.
Graham declined to comment on why we were able to post these items but said Amazon’s sellers’ tools “suggest listing categories to help sellers easily categorize their products, but sellers are responsible for choosing the correct category, as they know their products best.” He also declined to comment on why the tools suggested an incorrect product category for listing bongs.
Other media have exposed Amazon’s lax product controls, including three reports just last year: a CNN investigation that documented dangerous child car seats, a CNBC report that revealed Amazon was shipping expired food and baby formula, and a Wall Street Journal investigation that found thousands of unsafe, banned, and deceptively labeled products on the site.
Graham said Amazon investigated these “with urgency” and sought to improve systems when needed but gave no specifics.
Consumer advocates say the company isn’t doing enough to protect the public, and regulators need to step in.
“It’s clear there’s not a major prioritization or investment in resources in policing the terms of service or ensuring that prohibited products are not sold,” said Lori Wallach, a director at the nonprofit organization Public Citizen. “It may be more profitable to have the ‘wild, wild west’ of sales, but it’s also much more dangerous for consumers.”
“We categorically disagree with this claim,” Graham replied.
Automating Enforcement
When Rachel Johnson Greer joined Amazon in 2010 as a product safety program manager, she said she found many problematic products for sale, from unapproved treatments of erectile dysfunction to illegal police radar jammers.
“They were up for sale and selling happily away on Amazon,” Greer said.
She said some troubling products were sold directly by Amazon itself, which she and others said relies on a mostly automated purchasing process.
“Ships and sold by Amazon is Amazon. This is how it all started,” said Greer, who worked for the company until 2017. “They built algorithms to figure out which books they needed to buy and then how much.”
It was Greer’s job to put an end to sketchy sales, she said. Her team wrote programs to flag undesirable products and amassed a universe of terms to feed an automated policing system. She said the tool eventually could scan billions of line items in the catalog in about five minutes.
But it proved flawed, she said. The system by its nature was confined to known threats—things it had seen before. Greer said new problems emerged all the time and slipped right through initial safeguards, only to be flagged by customers after something went wrong.
“The biggest problem with Amazon’s system to begin with is that nearly everything is reactive,” she said. “The reality is when you have a system that relies on finding defects per million, that means that there will always be defects.”
She said some third-party sellers devised “clever, tricky ways to list products. And these rules couldn’t catch it because they hadn’t been written by a human who was thinking in clever, tricky ways.”
One current employee of the restricted products team wearily put it like this: “No matter how much we remove, there’s always more.”
Graham did not directly respond to these descriptions of the company’s difficulties in keeping restricted items off the site. Instead, he said more generally that Amazon strives “to make sure that all products in our store are safe” and “we continuously monitor the products sold in our stores.”
Yet we found an unproven treatment to fight cancer with electromagnetic frequencies that is banned by Amazon’s policies—a rife machine—had been on the site for five years. The listing was removed after we contacted Amazon.
While most of the specific banned listings we brought to Amazon’s attention were removed, similar items that we did not report to the company remained live, including some listings by the same third-party sellers.
Many of the sellers of the banned items that we found continued to sell banned products, including Lead and Steel, which sold gun accessories, and another company, which sold a compound that reviewers said they used as injectable drugs. When we asked Amazon about this in follow-up questions, those storefronts disappeared from Amazon.com.
Graham denied that injectable drugs were sold on its platform, saying they were not sold for that purpose but rather marketed for “research” in the listing. Of the two compounds we found, the World Anti-Doping Agency designates one, TB-500, as a “prohibited substance,” and the U.S. Anti-Doping Agency warned athletes about the risks of the second one, BPC-157, as not approved for human use. Customer reviews on the listing showed people were injecting the product.
Graham said the company removed the listings and would add them to its banned product list “out of an abundance of caution.” But as of publication, both compounds could be found for sale by other sellers on Amazon.com.
Amazon isn’t the only online retailer that has had to grapple with policing the unruly world of third-party e-commerce, where just about anybody can sell just about anything. Falkowski said he bought some of his drug-making supplies on another site.
Some marketplaces are known for thoroughly reviewing products before they go up.
Apple, which offers mobile apps from third-parties, checks the code before any app or update appears in the App Store, for instance. According to its site, Apple uses a combination of automated systems and hundreds of human experts speaking a total of 81 languages to review them before posting.
“We take responsibility for ensuring that apps are held to a high standard for privacy, security, and content,” Apple’s website states, “because nothing is more important than maintaining the trust of our users.”
Amazon’s users appear to know exactly what they’re buying, even when banned products are lightly disguised.
Lead and Steel listed a gunsmithing tool for an AR-15 as a “paperweight desk organizer,” posting a photo of the vise block holding paper clips and erasers.
Customers joined in on the ruse in reviews. “Helps when you need to do a hands free clean up of your desktop,” wrote one. “Locks items solidly into place, will Load plenty of paper clips or tacks.”
Another customer retorted, “Sorry. I’m not playing along. I can buy AR-15 parts all day on Amazon.”
To go along with the vise block, Amazon’s “frequently bought together” tool suggested other gunsmithing tools, showing at least one of Amazon’s automated systems received signals that it was not an office product.
Graham, the Amazon spokesperson, declined to explain why the items were still for sale, even though the “frequently bought together” tool seemed to recognize they were related to firearms.
Lead and Steel, which declined to be interviewed for this story, had sold at least four dozen vise blocks from that posting since it went up in December, according to reviews, until we reported it to Amazon, which pulled the listing.
On the Hunt for Honey Oil Equipment
Vic Massenkoff, a retired fire investigator from Contra Costa County, Calif. said he tried years ago to get Amazon to take down dangerous equipment—but said he was frustrated by what he sees as the company’s inaction.
He said he’d seen too many fires caused by the process of extracting highly potent hash oil, or “honey oil,” from marijuana using butane and in 2013 decided to investigate where the equipment could be found for sale. He said he found it on Amazon.com.
“There it was lined up, everything from the extraction tubes, to the grams digital scales, to the silicone pads, the silicone containers, to the digital thermometers,” Massenkoff said. “Everything you would need to set up shop.”
When he clicked on a listing for the glass tubes, Amazon’s recommendation engine suggested he buy the other items needed to make and use hash oil. He kept screenshots of the suggestions.
“There is no safe way to make butane honey oil,” he said in an interview.
He said he emailed Amazon from his work email to alert the company to the danger. He still remembers the reply: “Thanks for bringing this to our attention. We have assigned it to someone on our staff to research this.”
He said he got one other email from Amazon and then heard nothing.
Graham, the Amazon spokesperson, declined to say how the company handled Massenkoff’s complaint, for which he said The Markup had provided no “evidence.”
Amazon’s current rules ban the sale of equipment to make hash oil; we were able to find it on the site.
