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Special Counsel Jack Smith has filed his reply to former President Trump’s team’s response to his initial filing at the Supreme Court.  

Smith is pressing to expedite the consideration of Trump’s immunity claims, hoping to keep the March trial date he set. Trump’s team opposes the fast track.

This now means the Supreme Court has all the materials it requested and could make a decision on this at any time.  

A decision at this point would only be on whether the Court will expedite their ruling on this particular issue – not on the merits of the case at this stage. 

‘This case involves—for the first time in our Nation’s history—criminal charges against a former President based on his actions while in office,’ Smith wrote in the filing. ‘And not just any actions: alleged acts to perpetuate himself in power by frustrating the constitutionally prescribed process for certifying the lawful winner of an election. The Nation has a compelling interest in a decision on respondent’s claim of immunity from these charges—and if they are to be tried, a resolution by conviction or acquittal, without undue delay.’

This comes after Trump’s attorneys urged the U.S. Supreme Court on Wednesday to stand down from a dispute over whether he can be prosecuted on charges he plotted to overturn the 2020 election results. Smith’s team last week urged the nation’s high court to take up and quickly consider Trump’s claims that he enjoys immunity from prosecution as a former president. 

The unusual request for a speedy ruling seemed designed to prevent any delays that could postpone the trial of the 2024 Republican presidential primary front-runner until after the election. However, Trump’s lawyers told the Supreme Court that there was no reason for them to take up the matter now, especially because a lower appeals court in Washington is already considering the same question and has scheduled arguments for Jan. 9.

‘Importance does not automatically necessitate speed. If anything, the opposite is usually true. Novel, complex, sensitive, and historic issues — such as the existence of presidential immunity from criminal prosecution for official acts — call for more careful deliberation, not less,’ Trump’s lawyers wrote.

It is far from certain that the Supreme Court will decide now to take up Trump’s immunity claims in the election interference case, which were rejected by the trial court judge in a ruling that declared the office of the president ‘does not confer a lifelong ‘get-out-of-jail-free’ pass.’ Smith is asking the Supreme Court to bypass the federal appeals court in Washington, which has expedited its own review of the decision. So the Supreme Court may wait to get involved until after the appeals court judges hear the case.

Separately, Trump’s lawyers plan to ask the Supreme Court to overturn a decision in another case barring him from Colorado’s ballot under Section 3 of the 14th Amendment, which prohibits anyone who swore an oath to support the Constitution and then ‘engaged in insurrection’ against it from holding office. 

The Colorado Supreme Court’s 4-3 ruling is the first time in history the provision has been used to try to prohibit someone from running for the presidency.

The Associated Press contributed to this report.

This post appeared first on FOX NEWS

Distillers of American whiskey and bourbon were close to drowning in their own whiskey river.

Instead, they avoided a torrent of tariffs. 

The European Union was slated to slap a staggering 50 percent tariff on distilled spirits produced in the U.S. as of Jan. 1. But an emergency truce brokered by U.S. and European trade negotiators blocked what could have been a substantial upcharge to sell American distilled spirits to the EU. 

‘Bourbon has actually been growing all over the world,’ said Senate Minority Leader Mitch McConnell, R-Ky., in an interview. ‘It used to be sort of a Southern, United States preference. But the whole industry has really picked up over the last five to 10 years. And Europe is a good market for us.’ 

McConnell and bipartisan senators wrote several weeks ago to U.S. Trade Representative Katherine Tai, urging a solution before the tariff increase hit. 

‘It’s a devastating potential impact on us,’ warned McConnell. ‘Bourbon is a big deal in Kentucky. It employs thousands of people. If this tariff goes into effect, it will cost a lot of Kentucky jobs, both in the bourbon business and, for example, corn growers who supply corn to the bourbon.’ 

Sen. Rand Paul, R-Ky., also signed the letter sent to Tai. 

‘I’m from Kentucky. I have to be concerned about bourbon. We don’t want our bourbon to be tariffed. And so this is a lingering effect of the trade war,’ said Paul. ‘It’s a multibillion-dollar industry now.’ 

Sen. Tim Kaine, D-Va., was stunned to learn how much whiskey Catoctin Creek, a Virginia distillery about an hour outside of Washington, D.C., sells to the EU. 

‘They said, ‘These tariffs are killing us.’ I said, ‘Wait a minute, I thought you guys sold whiskey right here.’ And they said, ‘Yeah. But about 40% of our product at that point is for export because people really like American whiskey. They like Virginia whiskey,’’ said Kaine. 

Consider for a moment the impact of tariffs. 

U.S. bourbon staples like Jim Beam or Blanton’s are prominent in Europe. They come from big distillers in Kentucky (Buffalo Trace distills Blanton’s). But tariffs could inhibit boutique distillers from selling their whiskeys abroad. It may be hard to find something overseas like Brother Justus from the Twin Cities, Kings County from New York, or Northside from Cincinnati. 

One distillery that actively sells to the EU is Boulder Spirits in Boulder, Colorado. Alastair Brogan is the owner and master distiller. Originally from Glasgow, Scotland, Brogan has marketed his expressions to Europe. 

‘We’re actually selling our single malt whiskey Boulder American into Scotland itself,’ said Brogan. ‘American whiskeys have got a real foothold into Europe. Europeans are beginning to realize that there is more to whiskey than just Scotch.’ 

Of course, Scotland is part of the U.K. And post-Brexit, the U.K. is no longer in the European Union. But Brogan echoed Kaine about Europeans discovering sweeter, woodier, vanilla expressions from the U.S. rather than malts produced in Scotland, Northern Ireland or the Republic of Ireland. 

But added tariffs would be a killer. 

‘We built a market,’ said Brogan. ‘But we can’t sustain 50 percent tariffs. So we would have to come out of the European market.’ 

The tariff threat forced Brogan to tell his European distributor he wouldn’t reserve space for an upcoming shipment. 

‘We’re focusing in other markets,’ conceded Brogan. ‘So yeah. A few sleepless nights.’ 

From a taste standpoint, Americans are used to enjoying smoky, peaty malts from Scotland’s ‘whisky isle’ of Islay like Lagavulin and Caol Ila. The same with sweeter spirts from the Speyside region like Glenfiddich or Macallan. But it’s a treat when they stumble upon more obscure Scottish malts like Tormore, Bladnoch or Dailuaine. Those labels are hard to find in the U.S. But when Americans do, it’s a palette-altering experience. And for the same reason, Europeans are discovering they enjoy more obscure offerings, say from Boulder Spirits or Catoctin Creek.

However, none of that happens without open trade. Massive tariffs tramp on that. 

Ken Troske is an economist who studies trade at the University of Kentucky.

‘I have plenty of bourbon myself,’ said Troske. ‘I have whiskey from Tasmania, which is some of the best made in the world. And I had to go to Tasmania to purchase it. I’d love to get some in the United States.’

Hence, the consumer impacts of tariffs — to say nothing of connoisseur blight — when it could be blithe.

‘Political leaders in recent years have just gotten, for lack of a better word, stupid about the benefits of trade,’ said Troske. ‘How they would get hung up on something as small as moving distilled spirits around the world escapes me. Why? Why? That’s an easy fix.’

The current ‘fix’ is but an interim one. It blocks the whiskey and bourbon tariffs until after the inauguration of the next American president in January 2025. But distillers remind negotiators that they’re dealing with spirits that require aging. Straight bourbon is aged only two years. Most bourbons are aged three years or longer. Sometimes seven or eight years. Thus, any unpredictability makes it hard for distillers to gauge how much product they should make now — especially when the surcharge to Europe could hit in 2025.

A crystal ball would help. But forecasting the distilled spirits market years in advance is nearly impossible. At least established tariffs would eliminate one variable. 

‘What we’re really looking for is permanency,’ said Brogan. ‘And having that, you (can) trade within the European Union and the U.S.’ 

So, it may be a disappointment for Europeans just getting a taste for rare, exotic American whiskeys. But there could be an upside for American consumers. Withholding U.S. spirits from Europe could create a glut here at home.

‘That might result in a decline in price in the U.S.,’ observed Troske.

That could form a whiskey river here in the U.S. But certainly not a river of cash for American producers.

This post appeared first on FOX NEWS

Claims that former President Donald Trump and the GOP pose a grave ‘threat to democracy’ have become a key Democrat talking point ahead of the 2024 elections, but several prominent Republicans and experts say it is really President Biden’s party that is working overtime to undermine the vote.

To make their case, they point to Democrats’ efforts to keep Trump off the ballot, imprison him, stifle free speech on social media, and rewrite election laws while fighting measures designed to protect ballot integrity. Those ongoing efforts, they say, are a much bigger threat to democracy than the Jan. 6, 2021, Capitol riot Biden and Democrats frequently cite.

Biden summed up those efforts in a speech last year about saving the ‘soul of the nation’ from Trump and his fellow Republicans, claiming they represented ‘an extremism that threatens the very foundations of our republic,’ were ‘a threat to American democracy,’ and ‘a clear and present danger’ to all Americans.

Most recently, Democrats have thrown their weight behind state-level legal efforts to prevent Trump from appearing on 2024 presidential ballots, including in Colorado, where the state Supreme Court ruled 4-3 earlier this week that the former president violated the Constitution’s 14th Amendment when he ‘engaged in insurrection’ concerning Jan. 6, and should be disqualified.

‘Democrats cynically used the COVID-19 pandemic to radically undermine long-standing election laws on the fly and then started pushing for non-citizens to vote in U.S. elections,’ Republican National Committee (RNC) Chairwoman Ronna McDaniel told Fox News Digital. ‘Now the left is working to remove political opponents from the ballot in a shocking display of disregard for the American people’s right to choose their candidates.’

‘These attacks on the democratic process drive down voter confidence and trust in the electoral system. Meanwhile, the RNC and our partners are fighting to make sure the American people choose their presidential candidates, not the courts,’ she said, adding that the RNC was trying to protect election integrity by fighting for policies to ensure only American citizens vote in elections.

Legal expert and Fox News contributor Jonathan Turley agreed, calling the Colorado court’s ruling ‘the most anti-democratic opinion in decades,’ and arguing that Democrats’ claims about protecting democracy ‘would be more compelling if they were not supporting the effort to block voters from being able to vote for Trump and canceling primaries in states like Florida.’

‘It is also difficult to claim the mantle of the defender of democracy when your party is actively fighting for the censorship and blacklisting of those with opposing views,’ Turley added. ‘The best way to defend democracy is to practice it by supporting both the right to vote and to free speech in others, including those who hold opposing viewpoints.’

Turley’s reference to censorship concerns accusations the Biden administration engaged in efforts to violate Americans’ First Amendment rights by working with Big Tech platforms to police controversial social media posts pertaining to the COVID-19 pandemic and the president’s son, Hunter Biden.

The Supreme Court agreed in October to review a court-ordered ban on certain communications between the Biden administration and Big Tech after state attorneys general from Missouri and Louisiana accused high-ranking government officials of working with social media companies ‘under the guise of combating misinformation.’ 

Democrats challenging Biden for the party’s presidential nomination, including author Marianne Williamson, Rep. Dean Phillips, D-Minn., and now-independent presidential candidate Robert F. Kennedy, Jr., all fault the Democratic National Committee for silencing them by refusing to hold primary debates.

Prior to shifting to running as an independent, Kennedy also faced the wrath of his fellow Democrats at a July House hearing on the ‘weaponization’ of the federal government intended to address censorship.

Democrats on the committee unsuccessfully attempted to halt the hearing and instead use it to blast comments previously made by Kennedy that they said were anti-Asian and antisemitic.

‘This is an attempt to censor a censorship hearing,’ Kennedy said in response.

Despite their actions, recent polling has shown Democrats hold an advantage in swing states when it comes to which party is most trusted on the issue of protecting democracy.

According to Republican strategist Garrett Ventry, that advantage is attributed to Democrats’ ‘obsession’ with talking about ‘threats to democracy’ in place of issues where they fail to win over the American people, such as the economy, prices and jobs.

‘They know they can’t talk about those issues because the American people know that they’ve handled those in a very abysmal way. The border is wide open, inflation has been very high over the last couple of years, the economy is stagnant and people feel like their financial situation is worse,’ he told Fox.

‘There is no greater threat to democracy in our republic than the Democrat Party,’ Ventry said. ‘When Donald Trump was sworn into office, he never went after Hillary Clinton. He didn’t go after Barack Obama. He didn’t go after his political opponents. We didn’t have state attorneys general and state secretaries of state and district court judges trying to get Joe Biden off the ballot.’

Ventry pointed to Biden’s Department of Justice targeting other individual Americans, including Catholic church-goers, parents attending school board meetings to express concern over what was being taught to their children, and lower-income Americans through the hiring of 87,000 new IRS agents.

‘They’ve used every lever of government, whether it be the federal government, or state courts, to try to attack their political opponents here. And you’re not seeing Republicans do the same across the country,’ he added.

Former Sen. Kelly Loeffler, R-Ga., a strong advocate for ballot reform and voter turnout since leaving the Senate in 2021, told Fox that Democrats call Republicans ‘election deniers,’ and attempt to silence them whenever they object to their anti-democratic actions.

‘Democrats fight commonsense safeguards to prevent voter fraud, encourage activist DAs to throw leading political opponents in jail, and empower unelected judges who interfere in presidential elections,’ she said, adding that she was working in Georgia, a state expected to be competitive in 2024, to ‘actively pushing back against the left’s work to undermine election integrity.’ 

‘To prevent the further takeover of our elections, it’s imperative that every state remains vigilant in defending actual democracy rather than just protecting Democrat rule,’ she said.

Loeffler argued that Democrats would ‘rather gain power by moving the goalposts than by defending their policies and track records,’ and that they know they’ll ‘have a lock on elections and government power’ if they abolish voter ID laws, restore voting rights for felons, allow ballot harvesting and legalize same-day voter registration.

‘It’s the number one reason they look away while the U.S. breaks records for illegal immigration: non-citizen voting is at the top of their wish lists this Christmas,’ she said before adding that the Colorado court’s ruling to keep Trump off the ballot was just the latest example of Democrats’ ‘non-stop work to undermine democracy and interfere in the 2024 elections.’

As the 2024 election draws closer, the latest efforts by Democrats to stop Trump by any means necessary have begun to give pause to some of the party’s thought leaders, including former Biden official Tim Wu, now a professor at Columbia University.

‘This may be an unpopular post, but I think we need to realize that using undemocratic means to fight candidate Trump increases the odds of losing democracy itself,’ he wrote Thursday.

Fox News’ Alexander Hall contributed to this report.

This post appeared first on FOX NEWS

In the fourth of a five-part special series on StockCharts TV‘s The Final Bar, Dave discusses the top leadership trends of 2023. From the concept of narrow leadership to the rise of the Magnificent Seven, he explores the most important themes that shaped the year in this engaging episode. Get ready to gain valuable insights and set yourself up for success in 2024.

Click here to take advantage of the StockCharts Holiday Sale!

This video originally premiered on December 21, 2023. Watch on our dedicated Final Bar page on StockCharts TV, or click this link to watch on YouTube.

New episodes of The Final Bar premiere every weekday afternoon at 4pm ET. You can view all previously recorded episodes at this link.

A passage from the Outlook:

SPY’s all-time high was made in January 2022 at $479.98.

For now, the chart looks clear. If SPY pushes over 460, we can expect more upside at least until we get near the ATHs.

Should those levels clear, then we are in uncharted territory therefore it is hard to predict a target.

On the flipside, $415 is a clear line in the sand of support.

That statement was from December 1st. Here are some updated thoughts to add to the great content of the Outlook (which we highly recommend you get your free copy of).

December 22nd is the start date of a Santa Claus Rally. (last 5 trading days) However…

If Santa Claus should fail to call, bears may come to Broad and Wall.”

What does that mean for now? SPY gets close, but does not clear ATHs. Extreme greed hit recently along with record inflows. Folks are convinced the Fed will lower rates in 2024. All positives got too ahead of themselves.

Some of our predictions? If at the close of December, SPY closes under 470, January and 460 is key and pivotal. If SPY just hangs in there and does not fail, then small caps and retail can shine.

Click this link to get your free copy of the Outlook 2024 and stay in the loop!

This is for educational purposes only. Trading comes with risk.

If you find it difficult to execute the MarketGauge strategies or would like to explore how we can do it for you, please email Ben Scheibe at Benny@MGAMLLC.com, our Head of Institutional Sales. Cell: 612-518-2482.

For more detailed trading information about our blended models, tools and trader education courses, contact Rob Quinn, our Chief Strategy Consultant, to learn more.

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Get your copy of Plant Your Money Tree: A Guide to Growing Your Wealth.

Grow your wealth today and plant your money tree!

“I grew my money tree and so can you!” – Mish Schneider

Follow Mish on Twitter @marketminute for stock picks and more. Follow Mish on Instagram (mishschneider) for daily morning videos. To see updated media clips, click here.

Mish in the Media

Mish makes the case for Vaxcyte (PCVX) and presents the bullish case for gold in this appearance on Business First AM from November 29th.

Mish talksabout money supply, debt, the consumer, inflation and trends that could gain traction in 2024 with Nicole Petallides on Schwab Network.

On the Tuesday, November 28 edition of StockCharts TV’s Your Daily Five, Mish presents 6 stock picks with specific actionable plans.

Mish covers the technical setup for Palo Alto and how MarketGauge’s quant models found this winner on Business First AM.

Mish and Maggie Lake cover inflation, technology, commodities and stock picks in this interview with Real Vision.

Coming Up:

December 22: Yahoo! Finance

December 28: Singapore Breakfast Radio

January 2: The Final Bar with David Keller, StockCharts TV

January 5: Daily Briefing, Real Vision

Weekly: Business First AM, CMC Markets

ETF Summary

S&P 500 (SPY): 480 all-time highs, 465 underlying support.Russell 2000 (IWM) 200 pivotal and 194 support.Dow (DIA): Needs to hold 370.Nasdaq (QQQ): 410 resistance with support at 395.Regional Banks (KRE): 47 support 55 resistance.Semiconductors (SMH): 174 pivotal support to hold this month.Transportation (IYT): Needs to hold 250.Biotechnology (IBB): 130 pivotal support.Retail (XRT): Huge gap up last 2 days of the week that now needs to hold.

Mish Schneider

MarketGauge.com

Director of Trading Research and Education

Note to the reader: This is the third in a series of articles I’m publishing here taken from my book, “Investing with the Trend,” in article form here on my blog. Hopefully, you will find this content useful. Market myths are generally perpetuated by repetition, misleading symbolic connections, and the complete ignorance of facts. The world of finance is full of such tendencies, and here, you’ll see some examples. Please keep in mind that not all of these examples are totally misleading — they are sometimes valid — but have too many holes in them to be worthwhile as investment concepts. And not all are directly related to investing and finance. Enjoy! – Greg

Believable Misinformation in Investing

Remember in our previous articles how many of the things we learned when we were young simply are not true? How many things have you learned in regard to investing that also just might not be true? Well…

“Buy and hold is the only way to be successful in the stock market.””Dollar-cost averaging is a good technique.””Diversification will protect you from bear markets.””Compounding is the eighth wonder of the world.””You must remain invested at all times, or you will miss the 10 best days each year.””Average returns are never better than compounded returns.””Probability and risk are the same thing.””Equity asset allocation will protect you from bear markets.””Economists are good at predicting the market.””Chasing performance is a common technique.”

The Void of Accountability

How often do you watch economists and market experts in financial media (television, print, etc.) offer strong opinions on the future direction of the economy and the stock market? Do they ever present their track record? Never! In fact, if you pay close attention, you will see that most of the “experts” are gaining something from their appearance. I’m shocked and disappointed at the absolute certainty in which they deliver their prognostications.

Hiding Behind Statistics

Have you placed a bet on the market using the Super Bowl indicator?

The Super Bowl indicator is based on the premise that, if the Super Bowl champion came from the old AFL, now known as the AFC, then the year will bring a downtrend in the stock market, while a winner from the old NFL, now the NFC, will lead to a bull market. Hopefully, you have not made any market decision on this, as that is a classic example of data mining and, even then, with an inadequate amount of data. This is not uncommon, however, as analysts, the financial media, newsletter writers, bloggers, and so on are constantly using data-mined statistics to make or support their hypothesis.

Figure 2.1 is a histogram of the annual returns on the Dow Industrial Average since 1897. The returns on the left are the down years, and the ones on the right are the up years. The up years account for 66 percent of all the years, so, if I were selling you a buy-and-hold strategy or an index fund, I could point to this chart and say, “Look, the market is up 66 percent of the time,” and I would be correct. Is this actionable information? Of course not, it is only observable information. And it is good, because it helps one understand market history and statistics. But you can’t make an investment decision based on this information.

Let’s play a game. First of all, I promise you that it is a fair game; here are the rules: 

It will cost you $10 to play the game.You can play as many times as you desire.If you win, you will receive $1 million.There are no tricks.The honest mathematical probability of winning is 1 out of 6. Honest! No tricks!

Figure 2.1

How many want to play?

When I do this during a presentation, most folks raise their hands; a few don’t, but those are the ones that never raise their hand. I then announce that the game is Russian roulette, and ask, “How many want to play the game now?” No one raises their hands. I then ask, “What happened?” I changed your focus from these goofy statistics to the risk of playing the game, and when you found out the risk of playing, you were no longer interested. Most do not realize the difference between probability and risk. This is what you need to do with the market, analyze and assess the risk. Stop paying attention to the daily noise, and know the difference between actionable information and observable information.

You Must Remain Invested or You Will Miss the 10 Best Days of the Year

“You must remain invested, or you will miss the ten best days of each year.” How many times have you heard that? While the fact of this matter is true, it is an impossible task to determine the best days beforehand. Let’s turn it around and ask what happens if you miss the ten worst days each year.

Figure 2.2 shows the S&P 500 since 1979. The line that moves down and to the right is the line represents the “missing the ten best days” argument. Note that this analysis was about missing the 10 best (worst) days per year. Again, the argument is factual; it just isn’t realistic. The line that moves up and to the right is the one that “misses the 10 worst days.” Clearly, missing the 10 worst days gives a drastically better performance than missing the 10 best days. The two lines in the middle are the S&P 500 and the line representing “missing both the 10 best and 10 worst days,” which you can see are quite close.

Figure 2.2

I have done this analysis also using the Dow Industrial Average back to 1885, and the results are always the same. I have done this over many varying time periods, and again, the results are the same. So, the buy-and-hold pundits and the index investing pundits want to scare you into believing their methods are better. A few articles from now, the section “The Deception of Average” should be enough to convince you that there is something wrong with that type of thinking. The best days (worst days) in the market are nothing more than interesting statistical anomalies. The argument that missing the best days would reduce the final return of a buy-and-hold strategy is true, but it also provides no information regarding the question of whether one can time the market in that regard. Somewhat like a strawman argument.

Table 2.1 is the data on the “missing days” conundrum. All data is updated through December 31, 2012. All calculations are based solely on price performance with no adjustment for dividends or inflation. It should be clear that if it were possible, missing the worst days each year would be the better strategy. This might be a stretch, but because missing both best and worst outperforms buy and hold, I think it shows that missing bad market days is more important. It also shows that missing days of high volatility are good. However, the purpose here is to challenge the marketing of buy and hold, which uses the “missing the best days” argument.

Remember, the message is clear and simple: The name of the game is to miss the bad days a lot more than missing the good days. This will play out as this book moves along. Note that most of the best days happen during bad or bear markets, usually tied to an overreaction to a short-term panic decline (you will see this in Table 3.1 ).

Diversification Will Protect You?

The world of finance is locked into the risk category of nonsystematic, or diversifiable, risk, and they do a really good job of it. However, diversifiable risk is a small piece of the big risk pie. There are many trite sayings about diversification, one being: “The only thing going up in a bear market is correlation.” During big bear markets, correlations move rapidly toward one. This also means that most asset classes fail significantly during severe bear markets. The correlations among them move toward one, which means they become more and more correlated. Correlation is one of the primary components of modern portfolio theory. Diversification is a helpful tool, but it should only be employed to the point where its costs equal its benefits. 

You can see in the two charts, Figures 2.3 and 2.4 , that, during up markets, most asset classes are uncorrelated and exhibit significantly different returns. However, in the second chart (Figure 2.4 ), during big bear markets, those same asset classes performed almost identically to each other, which challenges the need for diversification.

Table 2.1: Best and Worst Days

The old saying goes, “Diversification works until it doesn’t.” The asset classes used in these two charts are shown in Table 2.2.

Diversification Works, as you can see in Figure 2.3 over the period from 2000 to October 2007…

Figure 2.3: Diversification Works. Chart courtesy of StockCharts.com

….Until it doesn’t, as you can see in Figure 2.4 over the period from October 2007 to August 2009.

Figure 2.4: Diversification Does Not Work. Chart courtesy of StockCharts.com.  

Table 2.2: Components of the Diversification Charts (Figures 2.3 and 2.4)

Dollar-Cost Averaging

Dollar-cost averaging is simply the act of making like dollar investments on a periodic basis, say every month or every quarter. It is sold as a technique because they want you to believe that no one can outperform the market. There are many papers written on this subject, and I don’t want to dwell on it. Dollar-cost averaging is very dependent on when you start the process. If you start the process at the top of the market, just prior to a large bear market, you will be buying all the way down, and this process could last a couple of years. Your average purchase price would probably be somewhere in the middle of the decline. A quick study of equivalent returns would tell you that the following bull move would need to go considerably higher than just halfway back up for you to just break even. In addition, it is also critical as to what periodic day or week you choose to make the investment. Should you do it quarterly and invest on the first day of the first week of the quarter, or something else?

The bottom line is that this process is subjected to unknown market risk, which can work for you but can also work against you. However, I think dollar-cost averaging is probably better than buy and hold, and it is certainly better than doing nothing, which might also be the same as buy and hold. When I hear someone talk about dollar cost averaging, I usually assume it is because they don’t know what else to do. Anytime you can get someone to periodically contribute to an investment, you have accomplished something of value.

Table 2.3 is a really simple example of how it works using Apple (AAPL) stock from the year 2011, buying $500 of the stock on the first trading day of each month and determining the results on the day of the last purchase in December. You can see that, on the first trading day of December, you had accumulated 16.65 shares of Apple stock at an average price of $361.70 per share. The lump sum example assumes you bought all $6,000.00 on the first trading day at $329.57 per share, which gave you 18.21 shares.

Table 2.3: Dollar Cost Averaging

From this example, the lump sum investment came out ahead, but I think you can see it has a lot to do with the time period for the investment, the volatility of the share prices, and, actually, the day of the month that you make the purchase. Some of the advantages of DCA are the affordability factor and the convenience; it can be set up just like any monthly household budget item or expense, and also something many people need to keep the process alive. The disadvantages are that lump sum investing can give better returns but also worse returns, and the disadvantage is that you won’t know ahead of time. Also, when making numerous DCA investments, the fees are generally higher than lump sum. The bottom line is that it helps people make investments on a periodic basis, which is always going to be better than sitting on the sidelines because you don’t know what to do. Furthermore, dollar cost averaging becomes less effective as an investor ages because of less time for compounding, and free cash is usually a lower percentage of total investment goals.

Jason Zweig, in a Wall Street Journal article on May 26, 2009, spoke of Benjamin Graham’s comments on dollar cost averaging. Asked if dollar cost averaging could ensure long-term success, Mr. Graham wrote in 1962: “Such a policy will pay off ultimately, regardless of when it is begun, provided that it is adhered to conscientiously and courageously under all intervening conditions.” For that to be true, however, the dollar cost averaging investor must “be a different sort of person from the rest of us… not subject to the alternations of exhilaration and deep gloom that have accompanied the gyrations of the stock market for generations past.” “This,” Mr. Graham concluded, “I greatly doubt.”

He didn’t mean that no one can resist being swept up in the gyrating emotions of the crowd. He meant that few people can. To be an intelligent investor, you must cultivate what Mr. Graham called “firmness of character”—the ability to keep your own emotional counsel. (A102)

Compounding is the Eighth Wonder of the World

I think it was Albert Einstein who made the above comment, even though I found no proof that he did. The rest of the quote is: He who understands it, earns it, and he who doesn’t, pays it. I always remind folks that he forgot to include an adjective. Positive compounding is the eighth wonder of the world, which is usually associated with saving accounts and so on. Table 2.4 is a simple example of how one negative year can ruin your retirement plans. Notice that Investment Option B also started out with a phenomenal first-year return of +36 percent, compared to Option A’s return of only +10 percent. Another example of why chasing performance can be very harmful to your wealth.

The investment option B in Table 2.4 would require a return of 16 percent the following year to get back to the 8 percent per year average. Beware of negative returns; they can destroy your financial plans, especially as you lose time to recover the losses.

It is critical for long-term investment success to not track short-term market movements. Instead, one should only try to outperform the markets over the long term. Let’s assume that your investment goal is to maintain an annualized return of 10 percent over the next five years, as shown in Table 2.5. Here are the hypothetical market returns: +10 percent, +10 percent, +10 percent, -10 percent, +10 percent. Those returns look pretty good at first glance, even though one of them is negative. However, the impact on the actual investment return is quite different. 

Table 2.4 Compounding Example 1

Table 2.5: Compounding Example 2

The important point is that it only takes one drawdown over any one-year period to destroy compounded returns. In the above example, it would take a 33% return in year five to return the portfolio to an annualized 10 percent return. This is why most investors’ performance is far less than that of the actual market. Compounding is indeed the eighth wonder of the world, but it is only when the returns are positive.

Relative Performance

First of all, you cannot retire on relative performance. Relative performance is a marketing concept dreamed up by financial pundits who rarely outperform the market.

Figure 2.5 is a table of various asset classes and their relative performance. Keep in mind that each column (year) is totally independent of the other columns, and the asset classes at the top performed better than those at the bottom of each column. You do not know if they both lost money, both made money or if one made money and one didn’t. It is just simple relative performance. And guess what? You cannot retire on relative returns. Normally, this table is displayed in color, so the delineation between the squares is more apparent, but showing the actual data was not the purpose of introducing it at this point.

Figure 2.5: Callan Periodic Table of Relative Returns. Courtesy of Callan Associates.

Often, the Callan Periodic Table of Returns is shown to convince investors that chasing performance is a bad idea, as last year’s top performer probably won’t be the current year’s top performer. You can see that, sometimes, there is a string of consistent top performance; in fact, in Figure 2.5, Emerging Markets was the top performer from 2003 to 2007. If an investor caught onto that trend after a few years, it wouldn’t have been long before it failed miserably, and sadly, the investor, who probably thought they were genius, had been adding money each year and had no money management concepts or loss protection (stop loss) in place. Emerging markets fell to the worst performer in 2008 and have shown exceptional relative volatility since. If there was any real value in this, it is to learn and understand market history.

This is probably one of the most difficult obstacles to successful investing to overcome. It is human nature to want to be invested in the top-performing stocks, funds, or strategies. Yet you rarely know they are top-performing until after they have had a few good years of top performance. In the old days, many picked up the late January issue of Barron’s magazine, when they showed the performance for all mutual funds for the previous year. Just like the Callan Periodic Table in Figure 2.5 , when something is a top performer for a while, it, more often than not, does not remain so.

Style boxes are another dreadful source of performance chasing. A typical style box, created by Morningstar in 1992, is shown in Figure 2.6. This gives investors an orderly classification system for mutual funds, which is unbelievably popular and used extensively to sell mutual funds. Morningstar ranks mutual funds into a five-star scale, which forces a normal distribution because the top 10 percent get five stars, the bottom 10 percent get one star, the middle 35 percent get three stars, and the other two 22.5 percent groups get four and two stars. Research has shown that investors tend to put money into those with high ratings and withdraw money from those with low ratings, usually when they should be doing the opposite. (A55)

Figure 2.6: Morningstar Style Box

In fact, many fund managers are tied to a particular style and measured by how they performed relative to that style. Their benchmark is the style box they have been classified into. If the fund drifts from its designated style, the marketing pressure ensures adherence to the style box. I like to remind investors that when a manager who is tied to a benchmark (style) outperforms it, they call it alpha; however, when the manager underperforms, the benchmark they like to say is a tracking error.

Later in this book, you will see an investment strategy that does not pay any attention to styles or style boxes; however, I can show you a modified style box for a trend-following strategy in Figure 2.7. A trend follower is only concerned about uptrends and downtrends. If you feel that you must involve a style box approach, I recommend the one in Figure 2.7.

Figure 2.7: Trend Followers Style Box

With all that is arguably wrong with financial theory, the next chapter will delve into some mathematical anomalies with using simple “bell curve” statistics, which are based on assumptions about the market that just do not play well and, in fact, are simply erroneous.

Yesterday’s stock market selloff was enough to make investors nervous. When Micron Technology (MU) stock fell over 4 percent before the company announced earnings, many were expecting weak earnings. But Micron beat earnings and revenue expectations, and the stock gapped higher at the open by around 8%. This wiped out yesterday’s losses.

Micron’s stock price hit a 52-week high, although it’s come off since then. The stock reached the most active stocks in the S&P 500. It’s worth looking more closely at this stock, especially since it’s in the semiconductor subsector and trading at around $85, making it more accessible than some of the other stocks in the same subsector.

The Weekly View of Micron Technology

Let’s start by looking at the weekly chart of Micron Technology (see chart below).

CHART 1: WEEKLY CHART OF MICRON TECHNOLOGY STOCK. The stock broke above its upper Bollinger Band, has a high SCTR score, and the RSI is shy of overbought territory. These indicate the stock has upside potential.Chart source: StockChartsACP. For educational purposes.

MU has moved above its upper Bollinger Band®, its StockCharts Technical Rank (SCTR) score is above 90 and its relative strength index (RSI) is just below overbought territory. All three indicators show this stock has potential to move higher, even in an overextended market.

The Daily View of Micron Technology

Let’s move to the daily chart for MU (below).

CHART 2: DAILY CHART OF MICRON TECHNOLOGY STOCK. The stock is trading on strong volume, RSI is inching towards overbought territory, and the stock is underperforming the semiconductor industry. If the momentum continues, this stock could move up much higher.Chart source: StockChartsACP. For educational purposes.

The daily chart shows indications similar to the weekly chart. The stock price has hit a 52-week high, it’s trading above its upper Bollinger Band, volume is above average, the RSI is below overbought territory, and MU is underperforming the VanEck Vectors Semiconductor ETF (unadjusted data) but trending higher.

The Bottom Line

When a stock moves above the upper Bollinger Band, it signifies strength. If you were to enter the trade now, as long as price walks the upper band, you’d stay in the trade. The 20-day simple moving average (dashed red line) can be your first support level. You could also wait for the next pullback before entering the trade.

Fundamentally, between now and the next earnings report, the stock looks positive. Guidance from Micron’s earnings report on Wednesday after the close was strong mainly because as AI becomes more mainstream, demand for memory chips is likely to increase. So, if you missed the boat on some of the Magnificent Seven stocks, MU may present an opportunity to jump in on the AI rally. This stock has room to run.

Disclaimer: This blog is for educational purposes only and should not be construed as financial advice. The ideas and strategies should never be used without first assessing your own personal and financial situation, or without consulting a financial professional.

The U.S. Consumer Product Safety Commission announced the recall of about 319,000 PowerXL air fryers following 41 reports of the products breaking during use and, in some instances, causing burns.

On Dec. 14, Empower Brands recalled two models of the PowerXL dual-basket air fryer sold in-store and online at Target, Walmart, Kohl’s and other retailers. The models, which cost between $60 and $190, were sold from August 2021 through October 2023.

The affected PowerXL models are “egg-shaped air fryers” which contain two baskets that can be used separately or together using a U-Channel connector — which is prone to breaking.

“The plastic U-Channel connector used to optionally combine the two food baskets inside of the air fryers can break during use, posing a burn hazard,” the commission said in the announcement. There have been three reports of burns so far.

Consumers should immediately stop using the recalled dual-basket air fryers, which were sold in black or cinnamon colors, and contact Empower Brands to receive a full refund. 

The recall affects PowerXL air fryers with the following model numbers:

Customers can determine if their units are part of the recall by checking the model of affected air fryers by looking at the rating label, which is located on the bottom of the unit, or on a tag attached to the power cord.

Affected parties can contact Empower Brands for a refund by calling 866-704-9370 between 8 a.m. and 4:30 p.m. CT Monday through Friday, or by visiting either prodprotect.com/recall/duaf or PowerXL’s website (click “Important Safety Recall Notice” for more information).

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Honda is recalling about 106,000 CR-V hybrid sport-utility vehicles for model years 2020 through 2022.

At issue is a 12-volt battery cable that may be missing a fuse, potentially causing the cable to short-circuit or overheat during a crash.

The National Highway Traffic Safety Administration said in a notice on its website that dealers have been instructed to replace the battery cable free of charge. Owner notification letters are expected to be mailed out Jan. 29.

Owners can contact Honda customer service at 1-888-234-2138. Honda’s code for the recall is FGB.

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The explosion of “Buy Now, Pay Later” services has set off alarms that consumers are desperate, rushing into the largely unregulated installment loans after running out of mainstream credit options. While that’s the case for plenty of BNPL users, industry experts say many others are turning to the services by choice, seeing them as a complement — or alternative — to credit cards.

Texas mom Savannah Thrower, 27, has been using “Buy Now, Pay Later” to keep spending on clothes, shoes, makeup and household expenses while paying down her credit card balance.

“I feel like credit cards can be easier-to-spend money,” she said.

Using installment loans from Afterpay and PayPal “lessens the burden in the moment,” Thrower said, by breaking up her purchases into four equal payments that are deducted from her bank account every two weeks, avoiding interest and late fees.

She said most of her friends now take the same approach, and few in her circle still use credit cards consistently. “Why wouldn’t you do it?” she added.

I feel like credit cards can be easier-to-spend money.

Savannah Thrower, BNPL customer

What started as a tool to finance one-time purchases like exercise equipment or mattresses has surged in popularity. “Buy Now, Pay Later” spending skyrocketed more than 42% on Cyber Monday from the year before, according to Adobe Analytics. LexisNexis Risk Solutions, which performs credit screenings for many of these loans, found 1 in 4 American adults have used them at least once.

The services are also provided by Apple, Affirm, Klarna, Zip, Sezzle and others. Major credit card companies increasingly offer customers their own versions for large purchases, and Affirm announced Tuesday that it’s expanding to Walmart’s self-checkout kiosks.

For users, the process is often appealingly simple: With the touch of a “Buy Now” button and less than two seconds for a “soft” credit screening at checkout, a loan in the amount of the item’s or service’s purchase price is approved. For its term — typically six weeks, with payment installments set at regular intervals — there are no interest or fees as long as the balance is fully paid off on time.

But the simplicity is only part of the draw, industry experts say.

“There is a whole generation of millennials like me who saw what happened in the wake of the financial crisis, and they don’t want to fall into that trap again,” said Matt Gross, senior director of communications at Affirm.

Consumer bankruptcies surged in the ensuing recession, peaking around 1.5 million in 2010, as many Americans struggled under crushing debt loads. Legions of consumers now in their teens, 20s and 30s grew up in households where mortgage and rent payments, credit card bills and student loans have been sources of agonized conversation for years.

LexisNexis found that more than half of BNPL users are 35 years old or younger and are more likely than traditional banking customers to have “thick” credit footprints, reflecting ample experience with mainstream lending.

We can reject the idea that consumers are turning to BNPL services as a last resort because they are less scorable.

Lexis Nexis Risk Solutions

“We can reject the idea that consumers are turning to BNPL services as a last resort because they are less scorable,” the researchers wrote. And while the installment loans draw higher shares of applicants with nonprime credit, roughly half of BNPL users have prime or near-prime scores.

Gross said many Affirm customers, like Thrower, use it to “smooth out their cash flows and manage their money a little more efficiently, to match their expenses with their income.”

At least three factors have made BNPL especially attractive right now, said ADP Chief Economist Nela Richardson: the late-pandemic surge in demand; the now “all but over” government relief that buoyed it and credit card APRs topping 20% as the Federal Reserve has hiked interest rates. For consumers, “it is a way to kind of escape” those pressures while continuing to spend, she said.

Kevin King, vice president of credit risk and marketing at LexisNexis Risk Solutions, agreed.

“This is an incredibly convenient, affordable financial product,” he said, at a time when many consumers remain frustrated by higher prices and squeezed by resumed student loan payments, but “there are pros and cons.”

BNPL firms can still send customers into debt collections or boot them permanently for nonpayment. (Most earn transaction fees from merchants, reducing the need to hang on to delinquent customers and charge them interest and penalties, King said.) The companies also don’t universally report to credit agencies, and while missing payments can still dent a user’s credit score, paying on time doesn’t frequently boost it — at least for now.

Major credit agencies are working with BNPL providers on standards that would reflect users’ behavior on credit scores, said Liz Pagel, senior vice president of consumer lending at TransUnion, adding, “It is coming soon.”

But according to Ethan Dornheim, FICO’s vice president of scores and predictive analysis, “the ‘when’ is the million-dollar question.”

There’s no question many BNPL users would welcome the chance to improve their credit by using the services. Indeed, even many of the shoppers turning to BNPL out of a healthy fear of credit card debt are struggling with it all the same.

A number of these consumers are already facing financial stress, which is among the reasons they’re turning to these tools.

Mark Hamrick, Bankrate senior economic analyst

National credit card debt has hit a record $1 trillion, with the average balance at a 10-year high of $6,088. The Consumer Financial Protection Bureau found this year that BNPL customers were more likely to also use credit cards, payday loans and other high-interest financial services, while 18% of BNPL users had at least one reported delinquency in other accounts, that was true of just 7% of nonborrowers.

“A number of these consumers are already facing financial stress, which is among the reasons they’re turning to these tools,” said Mark Hamrick, senior economic analyst at Bankrate. The transactions’ frictionless nature, and the ability to have multiple BNPL loans active at once, could lead to overspending — especially around the holidays.

“In a perfect world, gift buyers would be saving all year long and purchasing primarily with cash,” he said. “But that’s not the world we live in.”

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