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President Biden said Thursday that he struggled to remember certain key dates during his interviews with Special Counsel Robert Hur as a result of the ongoing Israel-Hamas war.

Biden told reporters that he was ‘handling an international crisis’ at the time of his interviews with federal investigators shortly after Hur released his 345-page report Thursday detailing the findings in his investigation into the president’s handling of classified documents. In the report, Hur noted that Biden’s memory failed him in multiple instances, saying the president forgot when he was vice president and when his son Beau died.

‘I sought no delays. In fact, I was so determined to get the special counsel what they needed,’ Biden remarked. ‘I went forward with a five-hour in-person interview over the two days of October — the ninth, eighth and ninth last year — even though Israel had just been attacked by Hamas on the seventh. I was in the middle of handling an international crisis.’

‘Bottom line is, a special counsel in my case decided against moving forward any charges, and this matter is now closed,’ the president continued. ‘I’ll continue to do what I’ve always done — stay focused on my job like you do, of my job of being president.’

Additionally, shortly after the report was published, Biden’s personal lawyers Richard Sauber and Bob Bauer penned a letter to Hur, criticizing him for his characterization of the president’s memory. The lawyers said the report’s language has ‘no place in a Department of Justice report.’

‘We do not believe that the report’s treatment of President Biden’s memory is accurate or appropriate,’ Sauber and Bauer wrote. ‘The report uses highly prejudicial language to describe a commonplace occurrence among witnesses: a lack of recall of years-old events.’

‘In fact there is ample evidence from your interview that the President did well in answering your questions about years-old events over the course of five hours,’ they added in the letter. ‘This is especially true under the circumstances, which you do not mention in your report that his interview began the day after the October 7 attacks on Israel.’

White House communications director Ben LaBolt reiterated Biden’s counsel in a post on X, again calling attention to the dates of the president’s interviews in the case.

In the report, Hur detailed how Biden forgot basic facts about his own personal history and his family, even referring to Biden as ‘a sympathetic, well-meaning, elderly man with a poor memory.’ And the report states that a jury would have trouble convicting Biden of having committed a serious felony that ‘requires a mental state of willfulness.’

‘In his interview with our office, Mr. Biden’s memory was worse,’ the report states. ‘He did not remember when he was vice president, forgetting on the first day of the interview when his term ended (‘if it was 2013 – when did I stop being Vice President?’), and forgetting on the second day of the interview when his term began (‘in 2009, am I still Vice President?’).’

‘He did not remember, even within several years, when his son Beau died,’ the report continued. ‘And his memory appeared hazy when describing the Afghanistan debate that was once so important to him. Among other things, he mistakenly said he ‘had a real difference’ of opinion with General Karl Eikenberry, when, in fact, Eikenberry was an ally whom Mr. Biden cited approvingly in his Thanksgiving memo to President Obama.’

‘In a case where the government must prove that Mr. Biden knew he had possession of the classified Afghanistan documents after the vice presidency and chose to keep those documents, knowing he was violating the law, we expect that at trial, his attorneys would emphasize these limitations in his recall,’ the report said.

The White House didn’t immediately respond to a request for comment.

Fox News Digital reporters Brooke Singman and Joe Schoffstall contributed to this report

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White House press secretary Karine Jean-Pierre defended President Biden on Thursday when asked about a gaffe in which the president said he spoke in 2021 with German Chancellor Helmut Kohl – who actually died four years earlier – arguing that misspeaking ‘happens to all of us, and it is common.’ 

Biden had made the remark on Wednesday while recalling past conversations during fundraising events. At his second and third events in New York, he told donors about conversations surrounding Jan. 6, 2021, at his first Group of Seven meeting as president, which took place in England in June of that year. 

Biden said Kohl asked him what he would say if he learned 1,000 people stormed the British Parliament in an attempt to deny the next prime minister from taking office. 

The annual meeting was not attended by Kohl, as he had been dead for four years, but by former German Chancellor Angela Merkel. The gaffe is similar to the one Biden made on Sunday after he claimed he spoke with François Mitterrand, a French president who died in 1996, at the same G-7 meeting. 

‘I want to just step back for a second and just kind of think really kind of top level of what the president was talking about when he tells a story about having these conversations with world leaders, which are obviously important conversations. He was underlying the Jan. 6 events in 2021, what happened,’ Jean-Pierre said Thursday when asked about the matter. ‘The message that it sent around the globe, around the world to our leaders, to world leaders, how dangerous it is, our democracy, how important democracy was and or is continues to be, obviously.’

‘As it relates to the names and what he was trying to say, many people, elected officials, many people, you know, they can misspeak sometimes, right?’ she added. 

Jean-Pierre then cited a handful of examples of what she said were mistakes by media and political figures.

‘And so this happens. You know, it happens to all of us and it is common,’ Jean-Pierre argued. ‘But I do want to make sure we don’t forget what the overall arching kind of theme, what he is trying to say about our leadership on the global stage.’ 

Fox News’ Elizabeth Pritchett contributed to this report. 

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Special Counsel Robert Hur described President Biden as a ‘sympathetic, well-meaning, elderly man with a poor memory,’ and said he would bring no criminal charges against the president after a months-long investigation into his improper retention of classified documents related to national security. 

Hur’s report was made public Thursday afternoon. 

Hur has been investigating Biden’s improper retention of classified records since last year. Those records included classified documents about military and foreign policy in Afghanistan, among other records related to national security and foreign policy which Hur said implicated ‘sensitive intelligence sources and methods.’ 

‘We conclude that no criminal charges are warranted in this matter,’ the report states. ‘We would reach the same conclusion even if the Department of Justice policy did not foreclose criminal charges against a sitting president.’

But Hur, in the report, said the special counsel’s team ‘also considered that, at trial, Mr. Biden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory.’ 

‘Based on our direct interactions with and observations of him, he is someone from whom many jurors will want to identify reasonable doubt,’ the report states. ‘It would be difficult to convince a jury that they should convict him—by then a former president well into his eighties—of a serious felony that requires a mental state of willfulness.’

Biden’s ‘memory also appeared to have significant limitations’ according to the report, and during conversations with his ghostwriter, recorded in 2017, his conversations were ‘painfully slow, with Mr. Biden struggling to remember events and straining at times to read and relay his own notebook entries’

Hur’s report pointed out that Biden’s memory was ‘worse’ during an interview with the Special Counsel’s office.

During the interview, Biden ‘did not remember when he was vice president, forgetting on the first day of the interview when his term ended (‘if it was 2013 – when did I stop being Vice President?’), and forgetting on the second day of the interview when his term began (‘in 2009, am I still Vice President?’)’ 

‘He did not remember, even within several years, when his son Beau died. And his memory appeared hazy when describing the Afghanistan debate that was once so important to him. Among other things, he mistakenly said he ‘had a real difference’ of opinion with General Karl Eikenberry, when, in fact, Eikenberry was an ally whom Mr. Eiden cited approvingly in his Thanksgiving memo to President Obama,’ Hur’s report said.

Biden is 81. 

This is a developing story. Please check back for updates. 

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Special Counsel Robert Hur will not recommend criminal charges against President Biden for mishandling classified documents, according to his report after a months-long investigation into the president’s alleged improper retention of classified records. 

Hur has been investigating Biden’s improper retention of classified records since last year. Those records included classified documents about military and foreign policy in Afghanistan, among other records related to national security and foreign policy which Hur said implicated ‘sensitive intelligence sources and methods.’ 

‘We conclude that no criminal charges are warranted in this matter,’ the report states. ‘We would reach the same conclusion even if the Department of Justice policy did not foreclose criminal charges against a sitting president.’

The special counsel also described Biden as ‘a sympathetic, well-meaning, elderly man with a poor memory.’ 

‘We have also considered that, at trial, Mr. Biden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory,’ Hur wrote in the report. ‘Based on our direct interactions with and observations of him, he is someone from whom many jurors will want to identify reasonable doubt. It would be difficult to convince a jury that they should convict him—by then a former president well into his eighties—of a serious felony that requires a mental state of willfulness.’

But Hur said his investigation ‘uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen.’

The materials included ‘marked classified documents about military and foreign policy in Afghanistan, and notebooks containing Mr. Biden’s handwritten entries about issues of national security and foreign policy implicating sensitive intelligence sources and methods.’ 

Hur said FBI agents recovered the materials from ‘the garages, offices, and basement den in Mr. Biden’s Wilmington, Delaware home.’ 

But Hur said that the evidence ‘does not establish Mr. Biden’s guilt beyond a reasonable doubt.’ :

‘Prosecution of Mr. Biden is also unwarranted based on our consideration of the aggravating and mitigating factors set forth in the Department of Justice’s Principles of Federal Prosecution,’ the report states. ‘For these reasons, we decline prosecution of Mr. Biden.’

The White House was given the opportunity to review the report for privilege after Hur initially submitted his report on Feb. 5, and did not seek any redaction to the report. The report was transmitted to Congress Thursday afternoon. 

Damning photos were included in the report — photos that the Biden campaign reportedly feared could have a negative impact on his 2024 re-election bid. 

Classified records were first found inside the Washington, D.C., offices of the Penn Biden Center think tank on Nov. 2, 2022, but only disclosed to the public in early January 2023.

A second stash of classified documents was also found inside the garage of the president’s home in Wilmington in December, but revealed to the public earlier this month, prompting Attorney General Merrick Garland to appoint former U.S. Attorney Rob Hur to serve as special counsel.

Days later, additional classified documents were found in the president’s home in Delaware. The FBI conducted a more than 12-hour search of Biden’s Delaware home Friday, seizing additional classified records.

Biden has defended the storing of classified documents in the past.

‘By the way, my Corvette is in a locked garage, so it’s not like they’re sitting out on the street,’ he once said.

In a statement after Special Counsel released the report, Biden said he was ‘pleased to see they reached the conclusion I believed all along they would reach – that there would be no charges brought in this case and the matter is now closed.’

‘This was an exhaustive investigation going back more than 40 years, even into the 1970s when I was a young Senator. I cooperated completely, threw up no roadblocks, and sought no delays. In fact, I was so determined to give the Special Counsel what they needed that I went forward with five hours of in-person interviews over two days on October 8th and 9th of last year, even though Israel had just been attacked on October 7th and I was in the middle of handling an international crisis. I just believed that’s what I owed the American people so they could know no charges would be brought and the matter closed,’ Biden’s statement continued.

‘Over my career in public service, I have always worked to protect America’s security. I take these issues seriously and no one has ever questioned that,’ he added.

But Garland, on Nov. 18, 2022, appointed former DOJ official Jack Smith to serve as special counsel to investigate whether Trump was improperly retaining classified records at Mar-a-Lago.

When Smith was appointed to investigate Trump, Garland and top DOJ officials were simultaneously conducting an internal review of President Biden’s mishandling of classified records. That review, and the discovery of classified records at Biden’s office, was not disclosed to the public until January.

Republicans and allies of former President Trump were outraged, blasting the Justice Department for a double standard.

Trump pleaded not guilty to all 37 felony charges out of Smith’s probe. The charges include willful retention of national defense information, conspiracy to obstruct justice and false statements.

Trump, the 2024 GOP front-runner, was then charged with an additional three counts as part of a superseding indictment out of Smith’s investigation – an additional count of willful retention of national defense information and two additional obstruction counts. Trump pleaded not guilty.

That trial is set to begin on May 20, 2024. 

Biden’s aides told Axios earlier this week that they are fearful former President Trump’s campaign could use the photos against the Democrat incumbent ahead of their likely 2024 rematch.

Anthony Coley, a former senior adviser to Garland, accused the Biden team of slow-walking discovery in the president’s classified records case, versus the handling of the Trump probe.

‘Against the backdrop of former President Trump’s indictment on charges of willful and deliberate retention of classified documents, the Biden team’s drip, drip, drip of information made the discoveries seem even worse,’ he wrote in an op-ed.

Before Hur’s findings were released, reports suggested the Biden campaign was concerned about potentially embarrassing photos included in Hur’s expected report that could be released as soon as this week.

The campaign was concerned that the images would show how Biden stored classified materials. The classified documents were carried over from Biden’s time as former President Obama’s vice president.

Hur interviewed Biden at the White House – an interview that lasted two days. The White House said the president’s interview with Hur was ‘voluntary.’

Last year, House Oversight Committee Chairman James Comer, who is co-leading the impeachment inquiry against President Biden, began investigating whether the sensitive, classified documents Biden retained involved specific countries or individuals that had financial dealings with Biden family members or their related companies. 

Comer questioned why Biden would have kept certain classified materials and asked Hur to provide his committee with a list of the countries named in any documents with classification markings recovered from Penn Biden Center, Biden’s residence, including the garage, in Wilmington, Delaware, or elsewhere; and a list of all individuals named in those documents with classification markings; and all documents found with classified markings.

It is unclear if Hur cooperated with Comer’s request. 

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Ukrainian President Volodymyr Zelenskyy on Thursday replaced the country’s highest-ranking army general of the country in a national military shake-up. 

Gen. Valerii Zaluzhnyi was relieved of his position and thanked by Zelenskyy for his service — the president said it was not indicative of poor performance but part of bigger refresh of the military.

‘The time for such a renewal is now,’ Zelenskyy said.

Zaluzhnyi, who remains highly popular with Ukrainian troops and civilians alike, was replaced as commander-in-chief by Сol. Gen. Oleksandr Syrskyi.

‘A reset, a new beginning is necessary,’ Zelenskyy said. He claimed the review is ‘not about a single person but about the direction of the country’s leadership.’

The changing of the guard comes close to the second anniversary of Russia’s invasion — a conflict not expected to last this long due to the drastically different military capabilities going into the war.

The duration of the war has stressed Ukraine’s manpower and left the pool of combatants shallow.

Citizens turned out in force at the start of the conflict, signing up in huge numbers that kept the fighting force strong. Stories recounted how even old women had signed up for military training to rebuff Russia’s invasion.

Going into the second year of the conflict, Kyiv hyped up its counteroffensive for the spring and summer, but the effort failed to produce the anticipated results, leading many to question the future of the conflict and resist further plans to fund and equip Ukraine without a clear end in sight for the conflict.

Despite the lack of manpower, the Ukrainian military has remained a difficult opponent to Russian invading forces — which has been suffering its own setbacks.

Last week, Ukrainian media touted a major victory over the Russian fleet with the publication of a video that allegedly showed the destruction of a nearly $70 million missile ship, the Ivanovets. Multiple drones hit the vessel and sank it, with the crew’s fate unknown. 

‘As a result of a number of direct hits to the hull, the Russian ship received damage that was incompatible with further movement – the Ivanovets tilted to the stern and sank,’ said the Military Informant Telegram channel.

Fox News’ Peter Aitken contributed to this report.

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Former President Trump said he is a ‘believer’ in the United States and a ‘believer’ in the Supreme Court after it heard arguments in Colorado’s effort to remove him from the 2024 ballot in the state.

Trump told reporters Thursday that it would be ‘tough’ to rule against him based on his poll numbers, but maintained that he is ‘leaving it up to’ the high court. 

The U.S. Supreme Court appeared skeptical of Colorado’s argument that Trump should be removed from the state ballot for ‘insurrection’ related to the 2020 election and the Jan. 6, 2021 Capitol riots.

The court is considering for the first time the meaning and reach of Section 3 of the Constitution’s 14th Amendment, which bars former officeholders who ‘engaged in insurrection’ from holding public office again.

Trump has never been charged with inciting insurrection.

‘I just finished watching the Supreme Court… It’s unfortunate that we have to go through a thing like that,’ Trump said during a news conference at Mar-a-Lago after oral arguments concluded. ‘I consider it to be more election interference by the Democrats – that’s what they’re doing.’ 

Trump added that ‘the good news is, we’re leading virtually in every poll.’ 

The former president and 2024 Republican frontrunner said he felt the Supreme Court’s proceeding Thursday was ‘a very beautiful process.’

‘I hope that democracy in this country will continue, because right now we have a very, very tough situation,’ Trump said. ‘And with all of the radical left ideas with the weaponization of politics, they weaponized it like it’s never been weaponized before.’

Trump said that ‘every single’ case against him is ‘a phony hoax.’

‘It’s a disgrace that this country, that they work together with the Justice Department and the White House and not supposed to do that,’ Trump said. ‘Every one of these cases you see comes out of the White House. It comes out of Biden. It’s election interference, and it’s really very sad.’ 

Trump said he feels his defense at the Supreme Court was ‘a very good one.’

‘I think it was well received. I hope it was well received,’ he said. ‘You have millions of people that are out there wanting to vote, and they happen to want to vote for me. The Republican Party, whatever you want or however you want to phrase it, but I’m the one running, and we are leading in every poll. We’re leading in the local polls, in the state polls, and we’re leading in the swing state polls, and we’re leading very big in the national polls.’

Trump called his poll numbers ‘a very great honor.’

‘We love the country,’ Trump said. ‘I’m a believer in our country and I’m a believer in the Supreme Court. I listened today and I thought our arguments were very, very strong.’

Trump said his argument is ‘very important.’

‘The fact that you’re leading in every race, you’re leading in every state, you’re leading in the country against both Republican and Democrat and Biden. You’re leading in the country by a lot,’ Trump said. ‘And can you take the person that’s leading everywhere and say, ‘Hey, we’re not going to let you run’? You know, I think that’s pretty tough to do.’

He added: ‘But I’m leaving it up to the Supreme Court.’

During arguments, Supreme Court Justice Ketanji Brown Jackson, who was appointed by President Biden, said she understood Colorado’s argument, but pointed out that in Section 3 of the 14th Amendment, there is a list of people that can be barred – but the president is not one of them.

‘Why didn’t they put the word president in the very enumerated list in Section 3?’ Brown asked Colorado voters’ lawyer Jason Murray. ‘The thing that really is troubling to me is I totally understand your argument, but they were listing people that were barred and president is not there. And so I guess that just makes me worry that maybe they weren’t focusing on the president.’

The 14th Amendment, Section 3 of the Constitution states, ‘No person shall… hold any office… under the United States… who, having previously taken an oath, as a member of Congress, or as an officer of the United States… to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.’

Justice Brett Kavanaugh spoke for colleagues when saying they were confronting ‘difficult questions.’

Many of the queries focused on whether state courts or elected state officials can unilaterally enforce constitutional provisions and declare candidates ineligible for public office – so-called ‘self-executing’ authority – or whether that is exclusively the jurisdiction of the U.S. Congress. Chief Justice John Roberts warned of a ‘pretty severe consequence’ if disqualification proceedings came from ‘the other side,’ targeting Democratic candidates.

‘I would expect that a goodly number of states will say, whoever the Democrat is, you’re off the ballot,’ Roberts said. ‘It would then come down to a small number of states deciding the election.’

Justice Elena Kagan questioned ‘why a single state gets to decide who gets to be president of the United States?’ calling that ‘quite extraordinary.’

But Kagan also questioned whether it was ‘contrary’ to say the rule applies to other public office seekers, but does not apply to Trump.  

Fox News’ Bill Mears, Shannon Bream, Chris Pandolfo, Gabriele Regalbuto, Anders Hagstrom, and Lawrence Richard contributed to this report.

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A foreign aid funding bill to provide tens of billions of dollars for Ukraine and Israel, without a previously-included border and immigration package, passed the first procedural hurdle in the Senate on Thursday amid Republican disarray.

The $95 billion package advanced in a 67 to 32 cloture vote, also known as a motion to limit debate on a bill and move to a final vote. It requires a three-fifths majority. Now, senators will enter into debate to add border amendments. 

Republican Sens. Lindsey Graham, Pete Ricketts, Tommy Tuberville, Rick Scott, Mike Lee, Katie Britt, John Barrasso, Josh Hawley, Rand Paul, Roger Marshall and Jim Risch were among the dissenting votes. Sen. James Lankford, who negotiated the border provisions that failed to pass the Senate on Wednesday, also voted no. 

Seventeen Republicans, including Sens. Chuck Grassley, Minority Whip John Thune, Roger Wicker, John Kennedy, Minority Leader Mitch McConnell, Mitt Romney and Mike Rounds voted to advance the bill. 

The package includes $60 billion for Ukraine, $14 billion for Israel, $9 billion in humanitarian assistance for Gaza, and nearly $5 billion for the Indo-Pacific. The Senate will proceed to hear debate on potential border amendments and reconvene for a final vote to potentially propel the package to full passage. 

Senate aides told Fox News Digital the process could take several days, as Republicans continue to negotiate which amendments will be up for consideration. The final decision about which amendments make it to the floor will be left up to Sen. Majority Leader Chuck Schumer, D-N.Y. 

‘Now that we are on the bill, we hope to reach an agreement with our Republican colleagues on amendments,’ Schumer said after the vote. ‘For the information of senators. We are going to keep working on this bill until the job is done.’

Graham, a strong supporter of continued aid to Ukraine, told reporters before the vote: ‘I’m not going to vote for cloture until I know how this movie ends.’

‘I want to know what the Democratic leadership will agree to,’ he said. ‘Our border is a bigger national security threat to us in the short term than Ukraine. We have not even begun to do what we could do to secure the border.’

Democrats brought the package up for a vote after Republicans had blocked the $118 billion package that also included a slew of border and immigration provisions on Wednesday. Republicans had previously said they would not approve funding for Ukraine unless the overwhelmed southern border was secured first.

The border-foreign aid package was unveiled on Sunday night and hit a buzzsaw of conservative opposition from Republicans who said the package would normalize historic levels of illegal immigration and continue catch-and-release. Conservatives joined with some liberal Democrats in shutting down the bill, so Senate Majority Leader Chuck Schumer prepared a vote without the border package as a backup plan.

Republican minority leader Mitch McConnell had backed funding for Ukraine, but drew criticism from party members who urged lawmakers not to pass foreign aid without securing the border first. 

‘Support for our allies is more tenuous and the security of US personnel and interests is more questionable than it was three years ago. These are the circumstances in which the Senate must consider some weighty responsibilities of our own to invest in the hard power that the President instinctively consistently shies away from exercising, to commit to allies and fear of being abandoned,’ McConnell said Wednesday. 

The White House requested the supplemental funding package in October, but it was held up by Republicans who wanted more measures to fix the record-setting border crisis, including greater limits on asylum and limits on releases into the interior. Negotiators worked for months and on Sunday  finally released their text.

In addition to the foreign aid package, the failed border package included an ’emergency border authority’ to mandate Title 42-style expulsions of migrants when migration levels exceed 5,000 a day over a seven-day rolling average.

The bill would have narrowed asylum eligibility while expediting the process from years to months, provided immediate work permits for asylum seekers and funded a massive increase in staffing at the border and more immigration judges. The package also included greater detention, increased numbers of green cards, extra funding for NGOs and cities receiving migrants, $650 million for border wall funding and $450 million for countries to take back and re-settle illegal immigrants.

While the administration and negotiators described it as the toughest border package in years which would curb arrivals, limit asylum and lead to more expulsions, for conservatives it was seen as normalizing a crisis.

Some Democrats also objected to the bill, saying it was too harsh and did not include amnesty for illegal immigrants already in the U.S. — something immigration doves have wanted for years.

There has also been growing opposition to additional funding for Ukraine among Republicans, particularly in the House.

On Tuesday, Republicans in the lower chamber instead attempted to pass a standalone bill providing aid only to Israel. It failed after 14 Republicans and 166 Democrats voted against it.

This is a breaking story. Please check back for updates. 

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Hunter Biden was paid $100,000 a month and James Biden was paid $65,000 a month in 2017 from their joint-venture with Chinese Communist Party-linked Chinese energy firm CEFC, a former associate testified to the House Oversight and Judiciary Committees.

Mervyn Yan, who testified behind closed doors at the committees last month, said he did not know the nature of the work the Bidens provided, according to a transcript of the testimony obtained by Fox News Digital.

Yan testified that he met Hunter Biden and James Biden in May 2017 through a CEFC business partner Gongwen Dong, also known as ‘Kevin.’ Yan said that meeting lasted less than 15 minutes, but that it was the impetus for the joint-business venture, Hudson West III, with the Bidens.

Yan said the business venture was intended to facilitate the investment of Chinese energy infrastructure firms — like CEFC — into U.S. energy companies in exchange for energy exports to China.

‘It was in May 2017, four of us. And then Kevin asked me to come to a meeting. And then eventually we met. I met Hunter Biden and James Biden and Kevin, just four of us… in Midtown. That was a relatively quick meeting, roughly 15 minutes, because I noticed the time because I couldn’t even get a water in that place,’ Yan told the committees.

‘So basically we shake hands and basically say we can work together,’ Yan continued, adding that he would be ‘sort of like on-the-ground person who executes and pretty much sources the infrastructure deals.’ Yan said he would be ‘working closely with Hunter.’

Yan was asked what he thought Hunter Biden ‘brought to the table’ in the joint-venture.

‘I don’t know,’ Yan testified. ‘I don’t know what he can contribute.’

Yan said he did not know if Hunter Biden had ‘knowledge’ in the energy infrastructure field.

Yan said Hunter Biden was given a $500,000 retainer, and then paid $100,000 per month. Yan also testified that Hunter Biden had been working for CEFC prior to their introductory meeting, but did not know for how long.

Hunter Biden, though, in correspondence that was shown to Yan during his interview last month, initially requested $30 million for introductions in the industry.

Fox News Digital last year reported correspondence between Hunter Biden and Gongwen Dong, in which the first son demands $10 million to ‘further the interest’ of the joint-venture, saying that the ‘Bidens are the best I know at doing exactly’ what the chairman of the CCP-linked firm wanted. 

‘The Biden’s [sic] are the best I know at doing exactly what the Chairman wants from this partnership,’ Hunter Biden writes in the WhatsApp message. ‘Please let’s not quibble over peanuts.’

According to a September 2020 report released by the Senate Homeland Security Committee and Senate Finance Committee on their investigation into Hunter Biden’s foreign business dealings, Ye Jianming, Gongwen Dong and other Chinese nationals that Hunter Biden had business associations with were linked to the Chinese Communist government and the People’s Liberation Army.

That Senate report showed that on Aug. 8, 2017, just days after this WhatsApp message, CEFC wired nearly $5 million to the bank account for Hudson West III, a firm that Hunter Biden opened with Chinese associates.

‘These funds may have originated from a loan issued from the account of a company called Northern International Capital Holdings, a Hong Kong-based investment company identified at one time as a ‘substantial shareholder’ in CEFC International Limited along with Ye,’ the report stated. ‘It is unclear whether Hunter Biden was a half-owner of Hudson West III at the time.’

The report also stated that ‘the same day the $5 million was received, and continuing through Sept. 25, 2018, Hudson West III sent request payments to Owasco, Hunter Biden’s firm.’ The report stated the payments were described as consulting fees and reached ‘$4,790,375.25 in just over a year.’

Meanwhile, Yan testified that none of the five infrastructure deals he worked on with the Bidens in 2017 came to fruition, but said Hunter and James Biden were still compensated for their work in attempting to bring business.

Yan testified as part of the House impeachment inquiry against President Biden.

Yan told congressional investigators that Joe Biden was not involved in the joint-venture, and said neither Hunter Biden nor James Biden ever suggested he would be involved.

Yan also testified that he was not aware of any funds from the joint-venture going to Joe Biden. Yan maintained that he was never in contact with Joe Biden, and that Hunter Biden and James Biden did not discuss the then-former vice president in their conversations.

Yan was pointedly asked if he was ever told that he could receive political favors from Joe Biden if he engaged in business with Hunter Biden, to which he replied in the negative.

‘Did you engage in a business relationship with Hunter and James with the expectation that you would receive political favors from Joe Biden?’ Yan was asked.

‘No,’ Yan said.

After his interview last month, House Oversight Committee Chairman James Comer, R-Ky., pointed to Yan’s testimony in which he ‘admitted on the record the Bidens had no experience in the energy and infrastructure sectors and was not sure what they brought to the table.’

Comer has stressed that evidence collected by congressional investigators reveals that President Biden ‘was at least aware of some of his family’s business ventures and sought to influence potential business deals that financially benefited his family.’

Yan’s testimony came as the committee continues to interview former business associates of Hunter Biden. Next up is Tony Bobulinski on Tuesday. Then, James Biden will appear for a closed-door deposition on Feb. 21, and Hunter Biden’s deposition is set for Feb. 28.

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A Republican Party civil war nearly broke out over the Montana Senate race before House Speaker Mike Johnson, R-La., decided to step back from the GOP primary there, Fox News Digital has learned.

Three sources told Fox News Digital that Johnson planned to endorse Rep. Matt Rosendale, R-Mont., for Senate but reversed course after blowback from fellow Republicans.

‘Johnson planned to endorse Rosendale, but after receiving extreme blowback from Trump allies on the Hill, he decided to withdraw and not do it,’ the source said. ‘He told at least one senator, at least one congressman…that he was no longer planning to endorse after the blowback.’

A second source indicated that those two lawmakers were Rep. Ryan Zinke, R-Mont., and Sen. Steve Daines, R-Mont. 

Zinke told Fox News Digital, ‘I can confirm that upon further reflection, the speaker is not endorsing Rosendale for Senate. I am confident that his decision was based on the reality that Rosendale is the weaker candidate by far against [Democratic Sen. Jon Tester].’

Daines chairs the National Republican Senatorial Committee (NRSC), the Senate GOP’s campaign arm tasked with retaking the majority in the November elections. That includes a pickup opportunity that Republicans see in unseating Daines’ fellow Montanan, Tester.

Both he and Zinke have backed former Navy SEAL Tim Sheehy, who has also been endorsed by Montana’s governor and other top GOP officials. 

Rosendale, a member of the ultra-conservative House Freedom Caucus, has not entered the race but is expected to do so.

The second source said Zinke and Daines were ‘p—ed’ about Johnson’s intention to endorse Rosendale, which was first reported by Punchbowl. That source also said it was Rosendale who reached out to the speaker to ask for his backing.

A third source, who is familiar with Zinke’s thinking, told Fox News Digital, ‘The speaker called Zinke last night. It was a good conversation. Zinke supports the speaker’s decision to not get involved.’

The endorsement would have been an unusual step for Johnson, who has publicly tried to downplay the appearance of intraparty division since taking the speaker’s gavel in October.

Johnson’s campaign told Fox News Digital, ‘The Speaker has committed to sending a contribution to Congressman Rosendale, as he has for other House colleagues and friends, but he has not made any endorsements in Senate races. He is singularly focused on growing the House majority.’

Rosendale touted the about-face as establishment fear of him running.

‘Speaker Johnson and I have always had a great relationship. I am thankful for his continued support,’ Rosendale said. ‘Mitch McConnell and the D.C. Cartel are TERRIFIED about me going to the U.S. Senate. They know they can’t control me; they know I won’t vote for McConnell as Leader. But they are fixin’ to find out that in Montana, we don’t take orders from Washington; we send orders to Washington!’

Montana is seen as critical to the GOP’s chances of retaking the Senate next year. Tester, who has been in office since 2007, has survived several close races in an increasingly red state. That includes a challenge from Rosendale in 2018.

Former President Trump won the state by roughly 16% over President Biden in 2020. He has not endorsed anyone in the Montana Senate race.

This post appeared first on FOX NEWS

Note to the reader: This is the seventh in a series of articles I’m publishing here taken from my book, “Investing with the Trend.” 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

“Those who have knowledge don’t predict. Those who predict don’t have knowledge.” — Lao Tzu

So that there can be no confusion, I want to state my honest heartfelt opinion on forecasting: I adamantly believe there is no one who knows what the market will do tomorrow, next week, next month, next year, or at any time in the future—period.

Hindsight is a wonderful tool to use in order to know why something might have occurred in the past, but rarely is the cause known during the event itself. The prediction business is gigantic. William Sherden, in The Fortune Sellers, claimed that in 1998 the prediction business accounted for $200 billion worth of mostly erroneous predictions. Can you imagine with the growth of the Internet and globalization, what that industry is today? Frightening! As Oaktree Capital Management’s Howard Marks says, “You cannot predict, but you can prepare.”

Dean Williams, then-senior vice president of Batterymarch Financial Management, gave a keynote speech at the Financial Analysts Federation Seminar in August 1981, where he made some almost prophetic comments about investing that are as true today as they were then. He spoke about the relationship between physics and investing, but I have previously discussed that subject. Another comment was, “One of the most consuming uses of our time, in fact, has been accumulating information to help us make forecasts of all those things we think we have to predict. Where’s the evidence that it works? I’ve been looking for it. Really! Here are my conclusions: Confidence in a forecast rises with the amount of information that goes into it. But the accuracy of the forecast stays the same.” Later on, he added, “It’s that you can be a successful investor without being a perpetual forecaster. Not only that, I can tell you from personal experience that one of the most liberating experiences you can have is to be asked to go over your firm’s economic outlook and say, ‘We don’t have one.'” He goes on to talk about using simple approaches versus complex ones, delving into the fact that they also must be consistent approaches. This is a must-read; you can find it from an Internet search on Dean Williams Batterymarch.

Sherden states that the title “second oldest profession” usually goes to lawyers and consultants, but prognosticators are the rightful owners. Early records from 5,000 years ago show that forecasting was practiced in the ancient world in the form of divination, the art of telling the future by seeing patterns and clues in everything from animal entrails to celestial patterns. As Isaac Asimov wrote in Future Days, such was the eagerness of people to believe these augers that they had great power and could usually count on being well supported by a grateful, or fearful, public. I’m not so sure most of this isn’t applicable to today. Sherden did much research into the numbers of people directly involved in forecasting—and this data was from 1998. They are staggering and growing. And let’s not forget that one of the largest-selling newspapers in the country is the National Enquirer. Below are some of the findings on forecasting from Sherden’s book.

No better than guessing.No long-term accuracy.Cannot predict turning points.No leading forecasters.No forecaster was better with specific statistics.No one ideology was better.Consensus forecasts do not improve accuracy.Psychological bias distorts forecasters.Increased sophistication does not improve accuracy.No improvement over the years.

A weather forecaster will have an exceptional record if he says simply that tomorrow will be just like today. If I were a weather forecaster, I would tend to err on the side of bad weather instead of good weather. Then, if you are wrong, most will not notice. It is when you forecast good weather, and it is not, that they will notice. Most market prognosticators tend to have a bullish or a bearish bias in their forecasts. Bullish forecasts are generally well-accepted, especially by the Wall Street community, and bearish forecasting is a giant business because it infringes on investors’ fears.

“Given the difficulties forecasting the future, it is very useful to simply know the present.” — Unknown

Barry Ritholtz (The Big Picture blog) recently pointed out how ridiculous the forecasting business has become. In particular, the end-of-the-year forecasts for the next year or the best stocks to own. Here is an example from the August 14, 2000, issue of Fortune magazine by David Rynecki on “10 Stocks to Last the Decade.”

August 14, 2000

Nokia (NOK: $54)Nortel Networks (NT: $77)Enron (ENE: $73)Oracle (ORCL: $74)Broadcom (BRCM: $237)Viacom (VIA: $69)Univision (UVN: $113)Charles Schwab (SCH: $36)Morgan Stanley Dean Witter (MWD: $89)Genentech (DNA: $150)

Closing Prices December 19, 2012

Nokia (NOK: $4.22)Nortel Networks ($0)Enron ($0)Oracle (ORCL: $34.22)Broadcom (BRCM: $33.28)Viacom (VIA: $54.17)Univision ($?)Charles Schwab (SCH: $14.61)Morgan Stanley Dean Witter (MWD: $14.20)Genentech (Takeover at $95 share)

Ritholtz goes on to say, “The portfolio managed to lose 74.31 percent, with three bankruptcies, one bailout, and not a single winner in the bunch. Even the Roche Holdings takeover of Genentech was for 37 percent below the suggested purchase price. Had you merely bought the S&P 500 Index ETF (SPY), you would have seen a gain of over 23 percent.”

On March 11, 2008, CNBC’s Mad Money host, Jim Cramer, emphatically said it was foolish to move money out of Bear Stearns. He claimed that Bear Stearns was just fine. He was totally wrong. A week later, JPMorgan agrees on March 16 to buy Bear for $236 million, or $2 a share, representing just over 1 percent of the firm’s value at its record high close just 14 months earlier. The deal essentially marked the end of Bear’s 85-year run as an independent securities firm. On Monday, March 17, Bear shares closed at $4.81 on optimism another buyer may emerge. The average target price: $2. Don’t confuse advice from someone in the entertainment business with advice from someone who manages money. In fact, don’t pay attention to anyone’s predictions. No one knows the future!

The Reign of Error

In 1987, a book was written entitled The Great Depression of 1990, by Dr. Ravi Batra, an SMU professor of economics. Sadly, I bought and read that book. Batra was claimed as one of the great theorists in the world and ranked third in a group of 46 superstars selected from all economists in American and Canadian universities by the learned journal Economic Inquiry (October 1978). The foreword was written by world-renowned economist Lester Thurow, who said The Great Depression of 1990 is crucial reading for everyone who hopes to survive and prosper in the coming economic upheaval. The title for one chapter was “The Great Depression of 1990–96.” Not only did he pronounce the beginning of it, he also proclaimed to know the end.

The 1990s saw the largest bull market in history, with the Dow Industrials rising from 2,700 to over 11,000 during the decade of the 1990s. By the end of the decade, we were flooded with books about the never-ending bull market, such as Dow 40,000 by Elias, Dow 36,000 by Glassman and Hassett, and Dow 100,000 by Kadlec. From 2000 until early 2003, we witnessed a bear market that removed most of the gains of the previous 10 years, with the Dow Industrials back down to about 7,350.

“We are making forecasts with bad numbers, but bad numbers are all we have.” — Michael Penjer

 These forecasts were dead wrong; however, I ‘m sure the authors sold a lot of books. The bad news in the stock market did not end after the bear market from 2000 to 2003; by March 2009, the Dow Industrials was below the level of the previous bear by another 8 percent. Agencies whose duty is to make forecasts were almost universally wrong during the 2006 to 2007 period, with forecasts of the economy, the markets, and the world outlook all positive; even the ones that weren’t quite as rosy were only modestly so. The business magazines were the same. How many forecasts do you find yourself reading and listening to? Did you ever research to see if any of them ever turned out to be correct? Or even close?

Finance is not the same as physics, in that no mathematical model can fully capture the large number of always changing economic factors that cause big market moves—the financial meltdown of 2008 is an example. Emanuel Derman says, “In physics, you’re playing against God; in finance, you’re playing against people.” The parallelism between physics and finance has gained support from author Nassim Taleb, who says, “It doesn’t meet the very simple rule of demarcation between science and hogwash.” Whether invoking the physicist Richard Feyman or the late Fischer Black, the use of mathematical models to value securities is an exercise in estimation. Derman further states, “You need to think about how to account for the mismatch between models and the real world.”

“Science is a great many things, but in the end they all return to this: Science is the acceptance of what works and the rejection of what doesn’t. That needs more courage that we might think.” — Jacob Bronoski

Long Term Capital Management (LTCM) was started by John Meriwether, who had a great following along with Myron Scholes and Robert Merton, two famous economists. Together, they grew LTCM into assets of more than $130 billion, using a model they claimed would achieve exceptional returns without the usual risk. That alone should have been all the warning anyone needed. In 1997, their model did not do well, and by mid-1998 they had lost all of it; they had borrowed more than a trillion dollars to make investments. The story ended in September 1998, when the New York Federal Reserve Bank led a group of organizations to step in and bail them out; shortly thereafter, there was no more LTCM. Academics with sophisticated models are a dangerous lot. And here’s the best part—just before the demise, Scholes and Merton won the Nobel Prize for economics for their efforts in financial risk control.

LTCM was not alone; stories of hundreds of funds have gone out of business after short periods of exceptional success. Rogue trades were rampant. Remember Nick Lesson of Barings Bank? How about Jerome Kerviel of Societe Generale, or a host of large banks during the period? The list is long and growing. Enron, WorldCom, and Global Crossing were just a few large companies that went bankrupt, taking their employees’ pensions and investments with them. I don’t recall anyone ever anticipating any of these failures; forecasters never do.

After the inflationary decade of the 1970s, the price of gold was soaring. In the early 1980s, forecasts of gold reaching unbelievable heights were everywhere. They were supported with the facts that gold’s fixed value was released in 1971 and it was free to trade, and trade it did. The Hunt Brothers had bought a large portion of the silver market. No forecaster saw anything but higher prices. I recall buying three 100-ounce bars and wishing I had more money to buy more. You will see in Chapter 11 on drawdowns that gold plummeted in 1981, and it took more than 25 years to get back to its peak. And by 2013, the forecasts of gold going to the moon were everywhere.

At what point will we start to believe that forecasting is a hoax? This book is about the stock market, where the forecasting business is huge. I can tell you this: stock market forecasters are no different than economic forecasters. The ones who get lucky with a forecast are the ones who have yet to be wrong. I think the worst of them are the ones I call outliers (not to be confused with outlaws); these are the ones who, through some stroke of luck, make a forecast about something big and it turns out to actually happen. However, it is rarely in the exact manner of the forecast, but that is soon forgotten as he or she is paraded through the financial media as the guru of the year. They start newsletters, hold conferences, and embark on periods of more and more forecasts because they are now experts. Yet, most rarely make another correct forecast. John Kenneth Galbraith said: “When it comes to the stock market, there are two kinds of investors: those who do not know where it is going, and those who do not know that they do not know where it is going.”

An Investment Professional’s Dilemma

When speaking to investment advisors, I often remind them that they must deal with two realities:

Your clients expect you to have answers.The market is unpredictable.

Once you have your clients believing #2, then the questions for #1 will be easier to answer. Most advisors, and especially their clients, get caught up in the moment and are easily swayed into believing that some expert actually knows the future. Or that they focus on the recent past and extrapolate that ad infinitum.

“Mind you, you should take economic forecasts—even my own—with a big grain of salt.” John Kenneth Galbraith may have been more right than econometricians like to think when he said that “The only function of economic forecasting is to make astrology look respectable.”

Nobel Prize-winning economist Kenneth Arrow has his own perspective on forecasting. During World War II, he served as a weather officer in the U.S. Army Air Corps, working with individuals who were charged with the particularly difficult task of producing month-ahead weather forecasts. As Arrow and his team reviewed these predictions, they confirmed statistically what you and I might just as easily have guessed: The Corps’ weather forecasts were no more accurate than random rolls of a die. Understandably, the forecasters asked to be relieved of this seemingly futile duty. Arrow’s recollection of his superiors’ response was priceless: “The commanding general is well aware that the forecasts are no good. However, he needs them for planning purposes.” (Peter Bernstein, Against the Gods)

“You don’t need a weatherman to know which way the wind blows.” — Bob Dylan

The book Dance with Chance by Spyros Makridakis (an author who wrote a wonderful business-forecasting book a couple of decades ago) gives a short story about Karl Popper. Popper was a philosopher of science born in Austria. In the 1930s, he leveled a charge against Sigmund Freud, whose psychoanalytical theories had gained widespread acceptance. Popper pointed out that real scientists start with conjectures, which they then try to refute—as well as seeking evidence to support them. Only by failing to disprove their hypotheses, can they prove they were correct. Meanwhile pseudoscientists, as Popper called them, only look for events that prove their theories correct. Theories like this are little more than untested assertions. That’s not to say the assertions can’t eventually turn out to be right, but we can only reach this conclusion once someone has tested them.

“Forecasting the future is much more difficult than forecasting the past.” — Unknown

Forecasting the future of monetary, economic, financial, or political possibilities has a serious flaw in that regardless of if your forecast is close to being correct, or even if it is spot on, the assumption about how the market will react is where the big problem lies. There is a flawed belief that positive events from political, economic, and monetary news will reflect positively on the markets. Conversely, negative news events will reflect negatively on the markets. This simply is not true. You can see that there is hardly any usable correlation to these events and the markets; earnings announcements are a perfect example. How many times have they been positive and the stock market did not react accordingly? The gap between a good economic or monetary forecast and the reality of what the market does is huge.

“There is always a reason for a stock acting the way it does. But also remember that chances are you will not become acquainted with that reason until sometime in the future, when it is too late to act on it profitably.” — Jesse Livermore

The following (slightly modified) comes from Gary Anderson, who wrote the must-read book entitled The Janus Factor. The link between fundamentals and price is elastic, and rarely still. At times, good earnings reports cause the price of a stock to rise, while at other times traders use positive earnings news to sell the same stock. Will a global crisis increase the value of the dollar or send it lower? The linkage between change in the world and change in the market is often ambiguous and sometimes just plain mysterious. In most cases, human beings are clever enough to create plausible stories to account for the market’s response to events, but too often only with the aid of hindsight. There is a constant shift in the fundamental reasoning used to support decisions to buy and sell. The financial media is constantly justifying each move in the market with whatever recent event they can find that supports that move. Fundamental conventions supporting buy/sell decisions can vary from period to period and have no place in rational investing.

We can draw a useful distinction between reasons and causes. Earnings do not cause prices to move, nor do research reports, news bulletins, talking heads, dividends, stock splits, the economy, peace, or war. These factors may be reasons motivating traders to buy and sell, but the direct cause of a stock’s price movement is the buying and selling activity of traders and investors. We focus on causes, not reasons—on what traders do, not why. This is accomplished by measuring price and price derivatives (breadth, relative strength) of price movement.

Gurus/Experts

What would we do without all the experts, gurus, pontificators, purveyors of gloom and doom, and, of course, the perma-bulls and perma-bears?

First of all, a giant industry would be gone, an industry that generates billions of dollars in the USA alone. I’m not going to spend a great deal of time on this, because the website of CXO Advisory Group LLC, CXOadvisory.com , does all the heavy lifting. They have an entire section devoted to GURUS. Here are the two questions they ask at the beginning of that section: “Can experts, whether self-proclaimed or endorsed by others (publications), provide reliable stock market timing guidance? Do some experts clearly show better intuition about overall market direction than others?” They address these questions with a logical and transparent process. After following more than 60 experts and thousands of observations, near the end of the Guru section, they conclude: “The overall accuracy of the group, based on both raw forecast count and on the average of forecaster accuracies (weighting each individual equally) is 47 percent. In summary, stock market experts as a group do not reliably outguess the market. Some experts, though, may be better than others.” Hmmm! It seems like a coin toss, on average, would do better.

Additionally, CXOadvisory.com reviews numerous academic papers, and then does its own backup analysis to determine if the paper’s author and they agree. An excellent piece, when reviewing Charles Manski’s July 2010 paper entitled “Policy Analysis with Incredible Certitude,” categorizes incredible analytical practices and underlying certitude. These four are:

Conventional certitudes (conventional wisdom)—Predictions (indicators) that experts generally accept as accurate, but are not necessarily accurate.Dueling certitudes—Two contradictory predictions that competing experts present as exact, with no expression of uncertainty (leading to conflicting strong investment strategy recommendations).Conflating science and advocacy—Developing arguments (assumptions) that support an investment strategy rather than an investment strategy that supports evidence-based arguments, while portraying the deliberative process as scientific.Wishful extrapolation—Drawing a conclusion about some future situation based on historical tendencies and untenable assumptions (ignoring differences between the historical and future situations, and emphasizing in-sample over out-of-sample testing).

If you have ever watched television, read a newsletter, or attended a seminar, I’m sure the above sounds familiar. People who appear as experts generally aren’t any better than the masses; however, when they are wrong, they are rarely held accountable, and never admit it (generally). They will respond that their timing was just off or some catastrophic event caught them off guard, or worse—wrong for the right reasons.

There is a book by Philip Tetlock, Expert Political Judgement: How Good Is It? How Can We Know?, that deals with the business of prediction. Tetlock claims that the better-known and more frequently quoted they are, the less reliable their guesses about the future are likely to be. The accuracy of their predictions actually has an inverse relationship to his or her self-confidence, renown, and depth of knowledge. Listen to experts at your own risk.

Larry Williams was an active and renowned trader before I even began to show interest in the markets. There is one significant point that Larry has made consistently that needs to be repeated here. If you are going to be mentored by someone, if you are going to read someone’s book on trading/investing, if you are going to sign up for a course of instruction from someone, please make sure they are qualified to teach the subject. This does not always translate into how they trade or invest. Like Larry says in his Trading Lesson 16, Kareem Abdul-Jabbar tried coaching and was a disaster at it; Mark Spitz’s swimming coach could not swim. However, the bottom line is that the best teachers are probably the ones who actually trade and invest, as they have firsthand experience to the nuances of the skill. This argument is not unlike the one between the ivory tower academics and those involved in the real world applying their craft every day. While they may have considerable talent to offer, your chances are probably better with a real practitioner.

Masking an Intellectual Void

My formal education was in aerospace engineering. My education in “The World of Finance” came and continues to come from people in the investment industry I have grown to respect. I hate to list some as fear of leaving someone out, but Ed Easterling, John Hussman, and James Montier are certainly at the top of the list. Are these professionals always correct? Of course not, but they usually admit it and they write in such a manner that they know the uncertainty is always there and yet present valid arguments on a wide range of topics and concepts. The rest of the learning comes for reading literally hundreds and hundreds of white papers in finance and economics. This process caused my concern at the insane use of advanced mathematics, usually in the form of partial differential equations, to supposedly assist in making the point that the paper was addressing. I cannot tell you how many times I thought that most of the math was unnecessary and more often than not the paper would have stood alone without the math. In many instances I think there is an attempt by most to overly complicate their work with mathematics with the belief that it brings credibility to their work. Another reason, and one I certainly cannot prove, is that they also know that most people who read their paper, other than their peers, will not grasp the math and just assume it is valid and necessary.

The senior special writer, Carl Bialik, of The Wall Street Journal, who writes a section called “The Numbers Guy”, is one of my favorite reads. As I was wrapping up research for this book and thinking that I had included enough opinions about things without substantial evidence, I was delighted to find support from Carl for this section on “Masking an Intellectual Void.” On January 4, 2013, he wrote two articles entitled, “Don’t Let Math Pull the Wool Over Your Eyes,” and “Awed by Equations.” Those articles referenced two papers that gave support to my belief in the overuse of mathematics, and how readers of white papers generally were impressed with what they actually did not understand. Research was conducted using only the abstracts of two papers, one without math, and one with math; the catch being that the one with math was bogus, totally unrelated to the paper. Yet the highest percentage of participants who gave the highest rating to the abstract with added math, based on the participants’ educational degree, was as follows:

Math, Science, Technology      46 percent 

Humanities, Social Science     62 percent 

Medicine            64 percent 

Other           73 percent 

I think this shows that those who had a high probability of not understanding the math gave the paper with the bogus math a higher rating, while those who possibly did understand the math did not.

This is just my lame attempt at humor. The financial academics have almost universally used partial differential equations in their white papers; I think, more often than not just to hide an intellectual void. Many times, the difficult math is not necessary, but by including it, they know most will never be able to question their work. Sad, indeed! Incidentally, the equation can be simplified to 1 + 1 = 2.

Earnings Season

For decades, I have watched the parade of earnings announcements and how the media hangs on each one as if it actually had some value other than filling dead air. Figure 5.1 shows the stock price of Amazon back in the 2000-2001 bear market. The annotations are from actual earnings forecasts from analysts. If you yell “buy” all the way down, the odds are good that you will eventually be correct. Hopefully, you will still have some money.

“In our view, security analysts as a whole cannot estimate the future earnings pattern of one or more growth stocks with sufficient accuracy to provide a firm basis for valuation in the majority of cases.” — Benjamin Graham

It seems that the media is so focused on earnings reports that they forget to report the actual earnings. Instead, their focus is on where the earnings came in relative to the analysts’ estimate. After beating up on experts, it is hard to imagine that someone would actually make an investment decision based on an analyst’s (expert) guess as to what earnings should be. These analysts are constantly wined and dined by the companies they analyze, so, in general, I think they are biased, and almost always to the upside. In fact, I think most are really just trend followers, in that they are always forecasting better earnings as markets rise and, once a market rolls over and begins to decline, they eventually begin to forecast lower earnings.

Figure 5.1

When asked what investors’ greatest problems are, the late Peter Bernstein said, “Extrapolation! They believe the recent past is how the future will be.”

Are Financial Advisors Worth 1% of AUM (Assets Under Management)?

“People who need advice are least likely to take it.” — Unknown

Many asset managers hold entirely too many stocks and have become closet benchmark trackers. If they beat their benchmark, they call it alpha, and when they do not beat their benchmark, they call it tracking error. If your investment manager rebalances your portfolio periodically based on a few questions that he required you to answer when setting up the account, here are some things to think about. Usually, the risk tolerance and objective questionnaire is much more involved, but here are two questions typically asked:

What percentage of current income will you need when you retire?On a scale from 1 to 7, what is your risk tolerance?

Do you honestly believe a person knows the answers to those questions? No way! They will try to answer based on what the advisor has told or suggested to them. The law requires this type of action for advisors, so pick an advisor you think will actually meet your needs and, if you are unsure, can point you in the right direction.

Economists Are Good at Predicting the Market

“The economy depends about as much on economists as the weather does on weather forecasters.” — Jean Paul Kauffman

Just to put this into perspective, the stock market is a component of the index of leading indicators. If the stock market is a good leading indicator of the economy, why ask an economist what the market is going to do? Yet they are paraded daily across the financial media, making forecasts about the markets, political policy, fiscal policy, monetary events, and, yes, occasionally about the economy. When they are correct, they won’t let you forget it; when they are wrong, no one remembers. Many economists are good when dealing with the economy, but rarely are they good when they stray into other areas.

News Is Noise

Here is a humorous attempt to portray some of the daily noise often referred to as news. On Wall Street today, news of lower interest rates sent the stock market up, but then the expectation that these rates would be inflationary sent the market down, until the realization that lower rates might stimulate the sluggish economy pushed the market up, before it ultimately went down on fears that an overheated economy would lead to once again an imposition of higher interest rates.

Rolf Dobelli, writing for The Guardian, on April 12, 2013, in an article entitled “News is bad for you—and giving up reading it will make you happier,” listed these problems with news:

News misleads.News is irrelevant.News has no explanatory power.News is toxic to your body.News increases cognitive errors.News inhibits thinking.News works like a drug.News wastes time.News makes us passive.News kills creativity.

He claims he has gone without news for four years and says it isn’t easy, but it’s worth it. Since he wrote for a news organization, I would imagine he is also looking for work.

“If you can distinguish between good advice and bad advice, then you don’t need advice.” — VanRoy’s Second Law

When asked at seminars what is the single most important concept to understand when investing, I respond simply that it is to know thyself. The human mind is a horrible investor, and the use of heuristics does not help. The next chapter deals with human behavior as it relates to the market.

Thanks for reading this far. I intend to publish one article in this series every week. Can’t wait? The book is for sale here.