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Attorney General Merrick Garland on Thursday slammed ‘unprecedented, frankly unfounded attacks on the Justice Department,’ defending President Biden’s decision to assert executive privilege to block subpoenas for audio of Biden’s interview with special counsel Robert Hur regarding classified documents found in his possession. 

On his way to an FBI memorial for fallen agents, Garland briefly took questions from reporters before the House Oversight and Accountability Committee and the Judiciary Committee were each expected to hold a hearing to recommend that the full House refers the attorney general to the Justice Department for the contempt charges over the department’s refusal to hand over the audio.

‘In your professional capacity, you suggested to the president to invoke executive privilege. He invoked executive privilege. It protects you both personally. Is that a conflict of interest?’ one reporter asked. 

‘The Justice Department is a fundamental institution of our democracy. People depend on us to ensure our investigations and our prosecutions are conducted according to the facts and the law and without political influence,’ Garland said in response. ‘We have gone to extraordinary lengths to ensure that the committees get responses to their legitimate requests, but this is not one.’

‘To the contrary, this is one that would harm our ability in the future to successfully pursue sensitive investigations,’ he continued. ‘There have been a series of unprecedented, frankly unfounded attacks on the Justice Department. This request, this effort to use contempt as a method of obtaining our sensitive law enforcement files is just the most recent effort to threaten, defund our investigations, and the way in which there are contributions to an atmosphere that puts our agents and our prosecutors at risk. These are wrong. Look, the only thing I can do is continue to do the right thing. I will protect this building and its people.’ 

Another reporter asked what the request for the Hur recordings, ‘combined with the efforts to defund Jack Smith and the other attacks on Biden administration officials say about the broader effort to discredit [Garland] and discredit the Justice Department.’ 

‘We have to go about our work following the federal principles of prosecution,’ Garland responded, explaining what he can do as attorney general. ‘We follow the facts and the law. We screen out outside, inappropriate influences. That’s what we’re doing here. We’re protecting our ability to continue to do high-profile and sensitive investigations, and we will continue to do that.’

A third reporter, the final one given the chance to grill Garland before he left for the memorial, said the ‘odds now seem vanishingly small the two Jack Smith federal cases are going to begin trial, let alone finish trial this year,’ asking ‘what does that say about the pace of the justice system and confidence in the Justice Department.’ 

‘The special counsel brought both cases last year. He appropriately requested speedy trials. The matter is now in the hands of the judiciary and I’m not going to be able to comment any further on that,’ Garland said.

Garland advised Biden in a letter on Thursday that the audio falls within the scope of executive privilege. Garland told the Democratic president that the ‘committee’s needs are plainly insufficient to outweigh the deleterious effects that the production of the recordings would have on the integrity and effectiveness of similar law enforcement investigations in the future.’

Assistant Attorney General Carlos Felipe Uriarte urged lawmakers not to proceed with the contempt effort to avoid ‘unnecessary and unwarranted conflict.’

‘It is the longstanding position of the executive branch held by administrations of both parties that an official who asserts the president’s claim of executive privilege cannot be held in contempt of Congress,’ Uriarte wrote.

White House Counsel Ed Siskel wrote in a separate, scathing letter to Congress on Thursday that lawmakers’ effort to obtain the recording was absent any legitimate purpose and lays bare their likely goal — ‘to chop them up, distort them, and use them for partisan political purposes.’ The White House letter is a tacit admission that there are moments from the Hur interview it fears portrays Biden in a negative light in an election year — and that could be exacerbated by the release, or selective release, of the audio.

The transcript of the Hur interview showed Biden struggling to recall some dates and occasionally confusing some details — something longtime aides say he has done for years in both public and private — but otherwise showing deep recall in other areas. Biden and his aides are particularly sensitive to questions about his age. At 81, he is the oldest ever president, and he is seeking another four-year term.

Hur, a former senior official in the Trump administration Justice Department, was appointed as a special counsel in January 2023 following the discovery of classified documents in multiple locations tied to Biden.

Hur’s report said many of the documents recovered at the Penn Biden Center in Washington, in parts of Biden’s Delaware home and in his Senate papers at the University of Delaware were retained by ‘mistake.’

However, investigators did find evidence of willful retention and disclosure related to a subset of records found in Biden’s Wilmington, Delaware, house, including in a garage, an office and a basement den.

The files pertain to a troop surge in Afghanistan during the Obama administration that Biden had vigorously opposed. Biden kept records that documented his position, including a classified letter to Obama during the 2009 Thanksgiving holiday. Some of that information was shared with a ghostwriter with whom he published memoirs in 2007 and 2017.

The Associated Press contributed to this report.

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The Biden campaign accepted CBS News’ vice presidential debate for this summer, setting the stage for a showdown between Vice President Kamala Harris and whoever is selected as the Republican VP nominee, Fox News Digital has learned. 

The campaign notified CBS News that they accepted the invitation to participate in studio on either of the proposed dates — July 23 or August 13. 

The campaign said the debate would ‘be in accordance with the guidelines put forth by the campaign.’ 

On Wednesday, the Biden campaign wrote a letter to the Commission on Presidential Debates, abandoning the decades-old tradition of three fall events organized by the debate commission. 

Former President Trump, shortly after, exclusively told Fox News Digital that he would accept the timeline proposed by Biden — scheduling the first presidential debate for June 27 on CNN and the second for September 10 on ABC News. 

The Biden-Harris campaign asked that the debates occur inside a TV studio, with microphones that automatically cut off when a speaker’s time limit elapses. The letter also asked that the debates involve just the two candidates and the moderator — without ‘an in-person audience with raucous or disruptive partisans and donors.’ 

They also want the debates without the participation of Robert F. Kennedy, Jr. or other independent or third-party candidates. 

‘We look forward to the Trump campaign accepting one of these dates so that the full debate calendar for this campaign can be set,’ the Biden campaign said about the vice presidential debate schedule on Thursday. 

The Trump campaign did not immediately respond to Fox News Digital’s request for comment. 

The fast scheduling began Wednesday morning after Biden posted a video to social media. 

‘Donald Trump lost two debates to me in 2020. Since then, he hasn’t shown up for a debate. Now he’s acting like he wants to debate me again. Well, make my day, pal,’ Biden said in a video message shared Wednesday morning. ‘I’ll even do it twice. So let’s pick the dates, Donald. I hear you’re free on Wednesdays.’ 

Trump, in an exclusive interview with Fox News Digital shortly after, said: 

‘Crooked Joe Biden is the worst debater I have ever faced – he can’t put two sentences together,’ Trump told Fox News Digital. ‘Crooked is also the worst president in the history of the United States, by far.’ 

Trump told Fox News Digital that ‘it is time for a debate to take place – even if it has to be held through the offices of the Commission on Presidential Debates, which are totally controlled by Democrats and who, as people remember, got caught cheating with me with debate sound levels.’

‘I’m ready to go,’ Trump said. ‘The dates that they proposed are fine. Anywhere. Anytime. Any place. Let’s see if Joe can make it to the stand-up podium.’

‘The proposed June and early September dates are fully acceptable to me,’ Trump told Fox News Digital. ‘I will provide my own transportation.’

And just moments later, Biden posted on his social media that he ‘received and accepted an invitation’ from CNN for a debate on June 27. 

‘Over to you, Donald. As you said: anywhere, any time, any place,’ Biden wrote. 

When asked for comment, Trump told Fox News Digital that he will accept and ‘will be there.’ The Republican added that he is ‘looking forward to being in beautiful Atlanta.’

Later Wednesday, Trump took to his Truth Social, echoing his comments to Fox News Digital. 

‘It’s time for a debate so that he can explain to the American People his highly destructive Open Border Policy, new and ridiculous EV Mandates, the allowance of Crushing Inflation, High Taxes, and his really WEAK Foreign Policy, which is allowing the World to ‘Catch on Fire.’ I am Ready and Willing to Debate Crooked Joe at the two proposed times in June and September,’ Trump posted. ‘I would strongly recommend more than two debates and, for excitement purposes, a very large venue, although Biden is supposedly afraid of crowds – That’s only because he doesn’t get them. Just tell me when, I’ll be there. ‘Let’s get ready to Rumble!!!’’ 

Trump on Saturday appeared before a crowd of tens of thousands on the Jersey Shore in the deep-blue state. The campaign event was held in between Trump’s appearances in Manhattan Criminal Court.

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The Supreme Court on Thursday ruled that the funding mechanism that feeds the Obama-era agency Consumer Financial Protection Bureau (CFPB) is constitutional.

In a 7-2 decision, authored by Justice Clarence Thomas, the court held that Congress uniquely authorized the bureau to draw its funding directly from the Federal Reserve System, therefore allowing it to bypass the usual funding mechanisms laid out in the Appropriations Clause of the Constitution. 

‘For most federal agencies, Congress provides funding on an annual basis. This annual process forces them to regularly implore Congress to fund their operations for the next year. The Consumer Financial Protection Bureau is different. The Bureau does not have to petition for funds each year. Instead, Congress authorized the Bureau to draw from the Federal Reserve System the amount its Director deems ‘reasonably necessary to carry out’ the Bureau’s duties, subject only to an inflation-adjusted cap,’ Thomas wrote. 

‘In this case, we must decide the narrow question whether this funding mechanism complies with the Appropriations Clause. We hold that it does,’ the opinion states. 

The CFPB launched in 2008 with the help of Sen. Elizabeth Warren, D-Mass., in the aftermath of the market crash, with authority to regulate banking and lending agencies via federal rules.

A group of banking associations, represented by former solicitor general Noel Francisco, sued the CFPB, arguing that because the agency, not Congress, decides the amount of annual funding and draws it from the Federal Reserve, it violates the Appropriations Clause. 

The Supreme Court’s majority disagreed, saying, ‘Although there may be other constitutional checks on Congress’ authority to create and fund an administrative agency, specifying the source and purpose is all the control the Appropriations Clause requires.’

‘The statute that authorizes the Bureau to draw money from the combined earnings of the Federal Reserve System to carry out its duties satisfies the Appropriations Clause,’ the opinion states. 

Justice Samuel Alito dissented from the decision, joined by Justice Neil Gorsuch, saying, ‘The Court upholds a novel statutory scheme under which the powerful [CFPB] may bankroll its own agenda without any congressional control or oversight.’

‘According to the Court, all that the Appropriations Clause demands is that Congress ‘identify a source of public funds and authorize the expenditure of those funds for designated purposes,’’ Alito wrote. 

‘Under this interpretation, the Clause imposes no temporal limit that would prevent Congress from authorizing the Executive to spend public funds in perpetuity,’ he stated. 

‘In short, there is apparently nothing wrong with a law that empowers the Executive to draw as much money as it wants from any identified source for any permissible purpose until the end of time.’ 

‘That is not what the Appropriations Clause was understood to mean when it was adopted. In England, Parliament had won the power over the purse only after centuries of struggle with the Crown. Steeped in English constitutional history, the Framers placed the Appropriations Clause in the Constitution to protect this hard-won legislative power,’ he said. 

Alito continued, ‘There are times when it is our duty to say simply that a law that blatantly attempts to circumvent the Constitution goes too far. This is such a case.’ 

‘Today’s decision is not faithful to the original understanding of the Appropriations Clause and the centuries of history that gave birth to the appropriations requirement, and I therefore respectfully dissent,’ he concluded. 

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House Speaker Mike Johnson on Thursday hammered President Biden and Senate Majority Leader Chuck Schumer, D-N.Y., over blocked U.S. military aid for Israel with the House expected to vote on a bill to force bomb deliveries to the Jewish state amid its war against Hamas.

On the steps of the Capitol, Johnson also drew a parallel to Biden’s decision earlier Thursday to assert executive privilege to block House committees from obtaining subpoenaed audio recordings of his interview with former special counsel Robert Hur over classified documents found in the president’s possession. 

‘Rather than defend our closest ally at war, President Biden is using his authority to defend himself politically,’ Johnson said.  ‘Just as President Biden defies the will of Congress with his use of executive privilege, he is brazenly doing so by withholding congressionally mandated aid. Just last month, Sen. Chuck Schumer declared from the Senate floor — this is his quote, ‘The House must rush to Israel’s aid … as quickly as humanly possible.’ 

‘Well, today, Sen. Schumer has done an about-face. He’s reversed course. Yet again, it is President Biden and Sen. Schumer himself who are standing in the way of getting Israel the resources it desperately needs to defend itself. The House has tried multiple times to deliver this much needed aid to Israel, and each and every time. Now, Biden and Schumer have opposed it.’ 

The press conference happened before the House was set Thursday to deliver a rebuke to Biden for pausing a shipment of bombs to Israel, voting on legislation that would seek to force the weapons transfer as Republicans worked to highlight Democratic divisions over the Israel-Hamas war.

Just weeks after Congress passed the national security supplemental, which included $26 billion for Israel, Johnson accused the Biden administration of ‘defying the will of Congress and withholding weapons shipments to Israel,’ claiming that this ‘is a catastrophic decision with global implications’ that is being handled ‘as a political calculation.’

The speaker said the House ‘will be voting on legislation to compel the delivery of defense weapons to Israel as they fight to protect themselves from radical terrorists and defend their very existence as a nation.’ 

‘But Joe Biden is threatening to veto that legislation, and Chuck Schumer is suggesting now that he refuses to bring it to the Senate floor,’ Johnson said. ‘On Oct. 7, Hamas, the radical terrorists, which are proxies for Iran, lit a fire in Israel, the proverbial fire that is still burning. And Biden and Schumer are telling Israel that they are only really allowed to put out part of that fire. That is just simply not going to work. Israel needs to finish the job, and America needs to help Israel extinguish the flame of terror that is wrought by Hamas.’ 

Seeking to discourage Israel from its offensive on the crowded southern Gazan city of Rafah, the Biden administration this month put on hold a weapons shipment of 3,500 bombs — some as large as 2,000 pounds — capable of killing hundreds in populated areas. Republicans were outraged, accusing Biden of abandoning the closest U.S. ally in the Middle East.

The bill condemns Biden for initiating the pause on the bomb shipment and would withhold funding for the State Department, Department of Defense and the National Security Council until the delivery is made. Schumer said should the legislation pass the House, it would not receive floor time in the Senate, where Democrats hold the majority, telling reporters earlier this week, ‘It’s not going anywhere.’ 

Even if the legislation passes Congress, the White House said Biden would veto it. 

House Majority Leader Steve Scalise, R-La., argued that while Biden is ‘impeding the ability for Israel to defend themselves, Iran is not holding back.’ 

He noted that Tehran fired over 300 drones and missiles into Israel, and Hamas still holds more than 130 hostages, including Americans.

‘Where is President Biden caring about the lives of those American citizens that are being held hostage right now in tunnels under Gaza?’ Scalise said. ‘President Biden is supporting Hamas’ position against Israel. This is disgusting. When this bill passes with a bipartisan vote today through the House, the public pressure will grow so large that Chuck Schumer will have to take this bill up. And if this bill does pass the Senate, like some other bills that President Biden threatened to veto, that he ultimately signed because the public finally had enough. This is one of those cases.’ 

Debate over the bill, rushed to the House floor by GOP leadership this week, showed Washington’s deeply fractured outlook on the Israel-Hamas war.  

The White House and Democratic leadership have scrambled to rally support from a House caucus that ranges from moderates frustrated that the president would allow any daylight between the U.S. and Israel to progressives outraged that he is still sending any weapons at all.

The Associated Press contributed to this report. 

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Catholic groups and other conservative organizations are going after Health and Human Services (HHS) Secretary Xavier Becerra after a GOP lawmaker accused him of withholding federal funds from hospitals that do not perform transgender surgeries on religious grounds.

Rep. Mary Miller, R-Ill., clashed with Becerra at a heated House hearing on Wednesday, demanding that he commit to not blocking federal dollars from doctors or hospitals ‘that refuse to provide the gender-affirming care that you’re mandating if it violates their religious beliefs.’

‘You’re going somewhere completely different. First, you’re talking about how a doctor should have the rights to not offer particular care. Then you stretch it out to provide for the system-wide services… very different,’ Becerra said in a clip later shared by Miller.

Miller replied, ‘You’ve put out this guidance and doctors do need to know what are you going to do if they refuse to provide this care?’

‘A doctor, if that doctor has religious objections, that doctor under these rules is not required to offer the care,’ Becerra said, adding doctors ‘don’t get federal funding.’

When Miller pressed him about the faith-based hospitals where many doctors work, he said, ‘If a health care facility is violating the law and not providing the service they’re required to, they are not entitled to the resources.’

Becerra told Miller earlier in the exchange, ‘If a provider for religious reasons objects, they are not forced to provide any particular service.’

But Miller posted on X after the hearing, ‘After attempting to lie, HHS Secretary Becerra says the quiet part out loud. Joe Biden’s government will withhold funds from religious hospitals that refuse to provide sex-change operations for young children.’

CatholicVote President Brian Burch told Fox News Digital, ‘Secretary Becerra has made a career of targeting Catholics. Now, in his disdain for faith-based health care institutions and medical professionals, including the numerous Catholic hospital systems across the country, he is threatening the care of millions of Americans.’

‘This administration has done more harm to the Catholic faith and religious Americans than any which has preceded it. It is time for the American people to take a stand against this administration’s overt hostility toward institutions of faith. November can’t come soon enough,’ he said.

Solidarity HealthShare President Chris Faddis said the recent HHS rule, which prohibits health programs that get federal dollars from discriminating on the basis of race, color, national origin, disability, age or sex, including whether a patient identifies as LGBTQ+, confirms ‘our grave concern that his agency has no intention of honoring the empty promise to protect religious freedom’

‘These rules mandate gender transition surgeries even when it violates the faith of religious doctors and health care systems, not to mention their best medical judgment,’ Faddis said.

Katy Talento, executive director of the Alliance of Health Care Sharing Ministries and a former Trump administration health adviser, said the rule would force hospitals to provide transgender surgeries ‘or else lose access to federal funding to care for the poor and elderly, such as Medicaid and Medicare.’

‘Instead of helping young people embrace how God created them as male or female, the Biden administration wants to permanently alter their bodies and force sterilization in many cases. Not only should hospitals use all available legal options to fight back, but Americans more broadly must wake up to this wicked agenda and roundly reject this wicked gender ideology at every turn,’ said Walker Wildmon, vice president of the American Family Association.

Fox News Digital reached out to HHS for comment.

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Note to the reader: This is the twenty-first 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

Pullback Rally Analysis

The Pullback Rally Analysis is not a ranking measure, but a technique for determining the relative strength of issues by looking at the most recent rally from a previous pullback. To summarize, in pullback rally analysis, you measure the amount of the pullback in percent, then measure the current rally up to the current date in percent. The concept is fairly simple; those issues that dropped the least in the pullback, will probably outperform in the following rally.

This concept measures the percentage move during the pullback, the percentage to date of the current rally, and the percentage to date from the beginning of the pullback. This is a great method to see strength outside of the snapshot of the ranking measures. Figure 14.23 shows an example on how to determine the dates for the beginning and end of the pullback. From the chart, you can see a peak at point A with a pullback down to point B. The rally is then measured from point B to the current date.

A ratio of the percentage move of the current rally to the percentage move of the previous pullback is calculated. Another calculation is percentage the current price is from the beginning of the pullback (previous high). This data, when ranked, will help you determine strength in the rally as compared to the previous pullback. Often the stronger issues in a pullback are the leaders during the rally.

Table 14.1 shows the data for the Pullback Rally Analysis. You can see from even a quick glance at Table 14.1 that the international ETFs are outperforming, not only in the rally phase (% Rally), but also how almost all are now above where the previous high (beginning of pullback) began (% Prev. High). The iShares FTSE China 25 Index Fund also performed well during the pullback phase, with the only international ETF displaying a gain for that period of 2.95%, while the others were losses. The Ratio column shows the ratio of the percent of rally compared to the percent of pullback. The pullback is completed, so only the extent of the rally is unknown.

This ratio will show ETFs that performed in a couple of ways. One is that, if the ETF did not decline much during the pullback and rises quickly in the rally, it will have a large ratio. For example, in the Broad category, the SPDR S&P MidCap 400 ETF Trust (MDY) has a ratio of 1.40, highest in that category. This is because it was the best performer (least decline) in the pullback phase and ranked third in performance in the rally phase. This would indicate that MDY is a strong performer and a candidate to consider for buying. The last column, % Previous High, will also show you which ETFs are making new highs from the beginning of the pullback. This method of selection shows which issues are strong on a relative basis. In fact, it will also tell you which sectors and styles are strongest if you use ETFs that are tied to those strategies.

Pair Analysis

I remember following Martin Zweig years ago, and in fact used one of the techniques he described in his book, Winning on Wall Street, in the mid-1980s. In it, he described a really simple technique using his unweighted index (ZUPI) and on a weekly basis trading it whenever it moved 4% or more. If it moved up 4% in a week, he bought; if it moved down 4% in one week, he sold. Positions were held until the next opposing signal—just that simple. The problem I had back then was not only not following it, but trying to tweak it into something better. Eventually experience told me that he had already been down that road and I was the beneficiary of the results.

Anyway, I took this concept and used it on Index/ETF pairs, actually calculating the ratio of Index/ETF pairs and using the weekly movement of 4% to swap between the numerator and the denominator. It really works well with asset classes that are not correlated, such as equity vs. fixed income or equity vs. gold, and so on. Figure 14.24 shows an example of this pair strategy the S&P 600 small cap index (IJR) vs. the BarCap 7-10 Year Treasury index (IEF). The ratio line is the typical price line, with the binary signal line overlaid while the lower plot is the percent up and down moves for each weekly data point. Remember, this is a weekly chart. Whenever the ratio line moves by 4% in a week, as shown by the lower plot moving above or below the horizontal lines shown as +4% and -4%, the binary line overlaid on the price ratio changes direction. Repeated moves in the same direction are ignored.

The ratio significantly outperformed each of the individual components (IJR and IEF) and the S&P 500. Figure 14.25 shows the performance of the ratio (with the numerator and denominator swapped whenever there was a move of 4% or greater), the performance of the individual components that make up the ratio, and the S&P 500.

Table 14.2 shows the annualized performance statistics from 01/02/1998 until 12/28/2012 (weekly data). The Sharpe Ratio is slightly modified, in that the return is used as the numerator without a reduction for risk-free return. The Ratio rotation strategy outperformed in annualized return, and, when compared to the equity component, it reduced the Drawdown (DD) considerably, improved the Sharpe Ratio, and lowered the Ulcer Index.

I also found that smoothing the ratio with just a two-period moving average greatly enhanced the performance because it reduced the number of trades. Trying different percentages other than Zweig’s 4% worked well occasionally, but, overall, the 4% on weekly data yielded the most robust results time and time again.

The real advantage for a pair rotation strategy is when it is used as a core holding situation. In other words, if a strategy required a core holding percentage but that core could be actively managed, this would give an actively managed core holding that would have much lower drawdowns than a buy-and-hold core, and with considerably better returns. Table 14.3 shows the pairs used with an equal allocation of 25% each given to the four pairs. This adds up to an allocation of 100%, but, in this example, it means 100% of the core and the core percentage of total allocation is determined by the strategy, often 50%.

Figure 14.26 shows the results using the four different pairs in a core rotation strategy compared to buy-and-hold of the S&P 500. The drawdown in 2008 was limited to only 14%, and other than that was a nice ride. The average drawdown (see Table 14.4) is only 20% of the maximum drawdown. I was curious about the lack of performance in 2012 and found it was the fact that in the Gold/20-Year Treasury pair gold was the holding the entire period.

Table 14.4 shows the performance statistics for the Core Rotation Strategy (CRS) compared to the S&P 500. In this rotation strategy example, each of the pairs were smoothed by their two-period average prior to measuring the 4% rate of change. This process removes many of the signals and, while not affecting the results that much, reduces the number of trades significantly.

Figure 14.27 is the drawdown of the core rotation strategy compared to the S&P 500. You can see that the cumulative drawdown for the rotation strategy is considerably less than the drawdown of the index. The average drawdown for the rotation strategy was -3.39%, while the average drawdown for the S&P 500 was -15.88%. This would make for a very comfortable core, considering the exceptional returns and reduced risk statistics from just holding the index in a buy-and-hold situation. This core rotation strategy still meets the requirement of an always invested core while actively switching between four pairs of equity, gold, and fixed income ratios.

Ranking and Selection

Ranking and Selection is another critical component to a rules-based model. Once you have measured the market, you need to determine what to buy. This is the technical process of determining securities that meet the rules when the time to buy arrives.

Mandatory Measures

Once you have your collection of ranking measures, you need to determine which are to be used, along with the rules and guidelines as mandatory ranking measures. This means that you predefine the value range that they must be in before you can purchase that ETF. This is necessary to keep the subjectivity out of the process.

Tiebreaker Measures

Once you have determined your mandatory ranking measures, the remaining ranking measures are considered tie-breaker ranking measures. These are used to help in the selection process, especially when there are hundreds of issues that qualify based on the mandatory measures. You can further reduce these into categories if desired, such as frontline tie-breakers, those you use more often than the others.

Ranking Measures Worksheet

Table 14.5 is a partial view of the ranking measures worksheet. It only shows the top 50 to 60 issues as an example, since there are more than 1,400 ETFs in the full listing. One really important concept to grasp when looking at technical values in a spreadsheet is that you are only seeing a snapshot in time. Here is an example: let’s say that the Trend value is of primary importance and you have two ETFs, one with a Trend of 60 and one with a trend of 70. Which would you choose? Well, the quick answer is probably 70 as that is a stronger trend measure than 60. However, don’t you also need to know which direction the trend indicator is heading? If the trend that was at 60 was in an uptrend, while the one with the trend measure at 70 was in a downtrend, a completely different picture is presented. This is why all of the mandatory ranking measures also show their individual five-day rate of change, so that you can glean from the spreadsheet not only the absolute value of the ranking measure, but also the direction it is headed. It should be noted that any short-term period for rate of change will work.

Ranking Measures Are All About Momentum

Throughout this chapter it should be obvious that the ranking and selection process is centered on the concept known as momentum. Simply said, I want to buy an ETF that exhibits an upward trend that is determined by a number of different technical measures.

A final thought on momentum is that every day, in almost every newspaper’s business section, there is an excellent list of stocks to buy. It is called the 52-week new high list, or often stocks making new highs. If you were to only use this readily available tool, along with a simple stop-loss strategy, you would probably do much better at investing in the market. Sadly, many investors think about buying stocks like they think about buying something at Walmart, they look for bargains. Although this is a valid method also known as value investing, it is very difficult to put into action and seems better in theory. When you buy a stock, you buy it simply because you think you can sell it later at a higher price, I think momentum will work much better in that regard.

Rules and Guidelines

Rules and guidelines are a critical element to a good trend-following model. Once you have the weight-of-the-evidence measure telling you what the market is currently doing, the rules and guidelines provide the necessary process on how to invest based on that measure. If there was a simple answer as to why they are necessary, it is to invoke an objective approach, one that does as much as possible to remove the frail human element in the model. Rules are mandatory, while guidelines are not. That being said, if a guideline is to be ignored, one needs to ensure there is ample supporting evidence to allow it. Basically, the strategy I use is one of a conservative buyer and an aggressive seller.

After many decades in aviation and the always-increasing use of checklists, the rules and guidelines are no different for maintaining a nondiscretionary strategy than a checklist is for a pilot. In aviation, checklists grew in length over time because as accidents or incidents happened a checklist item was created to help prevent it in the future. There is an old axiom about checklists that said behind every item on a checklist, there is a story. Same philosophy goes for rules and guidelines in an investment strategy. A checklist (rules) ensures portfolio managers follow all procedures precisely and unfailingly. This overcomes the problem with experienced managers thinking they can accomplish the task and do not need any assistance. That attitude is costly.

Buy Rules

B1—If asset commitment calls for an amount greater than 50%, then only 50% will be committed, with the remainder the next day, ensuring objectives remain aligned. Forty percent can be the maximum per day if necessary for Guideline G6. This rule keeps the asset purchases to a maximum for any single day. It would not be prudent to go into the market at 100% on one day.

B2—No Buy Days are (1) FOMC announcement day, (2) First/Last day of calendar quarter, (3) days in which the market has reduced hours. FOMC announcement days are typically high-volatility days and the end/beginning of a quarter involves a lot of window dressing. Leave the noise alone.

B3—No buying unless 50 (this can also be a percentage) tradable ETFs (not counting non-correlated) have:

Weight of the Evidence = Weak: Trend>60, Intermediate: Trend>55, Strong: Trend>50

I call this the “soup on the shelf” rule. If you have been to a large grocery store lately and strolled down the aisle that has soup, you probably noticed there are thousands of cans of soup with hundreds of blends, styles, and so on to choose from. Now imagine your spouse has sent you to the store to buy soup. When you turn down the soup aisle, you notice they are essentially empty except for two cans of rhubarb turnip barley in cream sauce. You probably aren’t going to buy any soup that day. The market is similar, especially during the early stages of an uptrend, there just isn’t much to choose from. In addition, the early stages have stricter buying requirements, so the number of issues to pick from could be very small, if any. Because you never violate the rules, a rule to protect you during this period was created, hence rule B3.

B4—No buying on days when stops on current holdings are hit and assets sold. This is usually the first hint that the ensuing uptrend is faltering. It just doesn’t make sense as a trend follower to be buying on the same day as you are selling something that has hit its stop. The argument that one holding might not be correlated is weak in this example, as, with proper trading up, weak holdings should have been previously traded.

B5—No buying on days when the Nasdaq or S&P 500 is down greater than 1.0% (the indices used need to be tied you what you are using in the trend measures). Simply put, this means that if the market as determined by the S&P 500 and/or Nasdaq Composite is down more than 1% during the day, something is wrong with the uptrend and it is better to not buy that day. An argument from bargain hunters or value investors would be that one would get a better price on that day if the uptrend resumed. I can’t argue with that, but I ‘m not a value investor or a bargain hunter. It seems many investors want to buy stocks at bargain prices and I can understand that. However, we are not buying soap at a discount store; we are buying a tradable investment vehicle whose price is determined by buyers and sellers. Moreover, you only want to buy what is going up.

Sell Rules

S1—If stops are hit with End of Day data and still in place at 30 minutes (this time period is based solely on your comfort level) after the open the next day, a sell is initiated; if not in place at the 30-minute point, the issue falls under intraday monitoring (see S2).

S2—Intraday monitoring of Price and Trend (between the hours of 30 minutes after the open until 60 minutes before the close) will invoke a Sell order sent to brokers for execution. Once an issue hits its stop, then a 30-minute period is allowed before it is sold. With the constant barrage of Internet and financial media trying to be first with breaking news, often the story is presented incorrectly, and it can have an effect on a large stock, an industry, or even a sector and cause a big sell-off. Usually, if the story was reported in error or incorrectly, and then reported correctly, the issue quickly recovers. Most of this happens in a very short period of time. The 30-minute rule will help avoid most of these short-term sell-off with quick recoveries.

S3—In a broad-based sell-off and stops are hit, holdings hitting stops can begin liquidating before the 30-minute limit.

S4—If a holding has experienced a sharp run-up in price, once it reaches a 20% gain, sell 50% of the holding and invest in another holding or a new holding. This is just a prudent way of locking in exceptional gains.

S5—Any holding that is still being held after experiencing S4, once a gap open (above previous day’s high) occurs, can warrant a further reduction in the holding. Additionally, this can also anticipate a blow-off move or island reversal, while protecting most gains but still allowing for more upside, although with limited exposure. This is not a good process when trading only one issue, but is prudent when trading many issues with the ability to always find something else to trade.

Trade Up Rules

T1—With Weight of the Evidence strong: If stops are hit, but limited to single sector/industry/style, replace next day as long as the Initial Trend Measures are all indicating an uptrend.

T2—With Weight of the Evidence strong: If stops are hit on more than one sector/industry/style, reenter when Initial Trend Measures are all indicating an uptrend or Initial Trend Measures are improving, as long as there is no deterioration in the weight of the evidence.

T3—With Weight of the Evidence at an intermediate level: If stops are hit, but limited to single sector/industry group, replace next day as long as Initial Trend Measures are all indicating an uptrend.

T4—With Weight of the Evidence at an intermediate level: If stops are hit on more than a single sector/industry/style, the normal Buy rules apply.

 T5—There is no trading up when weight of the evidence or initial trend measures are deteriorating. Clearly, in this situation, there is something not good about the uptrend and it is not a time to trade up.

Guidelines

Note: Guidelines are used as reminders and offer the opportunity to be ignored, but only after considerable deliberation and examining all other possibilities. The absolute most important guideline is the first one, G1.

G1—In the event a situation arises in which there is not a rule or guideline, a conservative solution will be decided on and implemented based on immediate needs. A new guideline or rule will be developed only after the event/conflict has totally passed. This is a critically important guideline to ensure the “heat of the moment” is not used to create or change a rule. The absolute worst time to create or change a rule is when you are emotionally concerned about something that just seems to not be working correctly. In the 1970s, the Navy F-4J Phantom jet had analog instruments and, compared to today’s electronic technology, was antiquated. We had to memorize what we called initial action items for emergency procedures; these were designed to handle the quick and necessary steps to shut down an engine because of fire, no oil pressure, and so on. During simulator (talk about antiquated compared to now), many would pull the wrong lever or shut off the wrong switch during the emotional surge that comes with bright red flashing lights and loud horns. I was not excluded from that group, but found that, when something happened that required immediate action, winding the clock (they weren’t electric back then) for a few seconds to rid yourself of the adrenaline rush would allow you to perform better during the procedure. Beside the reasons given for S1 previously, this falls in line with that thinking.

G2—Try to adhere to this if possible: Weak Weight of the Evidence: SPY, MDY, DIA (ensure liquidity); Intermediate Weight of the Evidence: Styles and Sectors; Strong Weight of the Evidence: Wide Open (a pilot term meaning full throttle). The mandatory ranking measures will dominate this guideline.

G3—European ETFs need to be monitored closely after 1pm Eastern Time to ensure adequate execution time. This is because when the Europe markets close, liquidity in those issues becomes a problem.

G4—Every day when invested, trading up needs to be evaluated. Often, this involves selling the poor-performing holding and buying additional amounts of current holdings.

G5—All buy candidates should be determined by A) rising mandatory ranking components using a chart of the Ranking Measures, and B) an awareness of the issue’s price support and resistance levels.

G6—Always be aware of the Prudent Man concept. This is sort of a catchall to make one think about an action that has not been adequately covered with rules or guidelines. If deciding to do something as far as asset commitment or ETF selection, one needs to be prepared to stand in front of the boss and explain it.

There are a host of additional rules and guidelines that can be created. I would caution you on trying to develop a rule for every inconsistency or disappointment that surfaces while trading with a model. There is probably a good equilibrium about the depth and number of rules is best. I strongly suggest adding rules rationally and unemotionally.

Asset Commitment Tables

In addition to measuring what the market is doing (weight of the evidence) and a set of rules and guidelines to tell you how to invest based on what the market is doing, you then need a set of tables for each strategy to show you the asset commitment (equity exposure goal) levels to be invested to for each Weight of the Evidence scenario.

Table 14.6 is an example table showing the Initial Trend Measure Level (ITM), Weight of the Evidence (WoEv), the Points assigned to each level, and the Asset Commitment Level Percentage (Asset Commitment percent). This is merely a sample and should be based on your risk preferences and objectives. As you can see, even with the WoEv at its lowest level, as long as the much shorter-term trend measures (ITM) are all saying there is an uptrend, one can commit equity to the market.

An alternative and more conservative asset commitment table is shown in Table 14.7. It is easier and a more simple process to divide the WoEv into only three levels, with the middle or intermediate level being the transition zone.

The rules and guidelines offer a few exceptions to the above table of asset commitment, but only based on fairly rare events. Following the rules and commitment levels will lead to an objective process, which is the ultimate goal.

This article contains many measures one can use to determine which holdings should be bought. Many are only valuable in assisting in the selection process. If you consider the fact that you might only need to purchase a few holdings and there are more than 1,400 available, you need a strong set of technical measures to help you reduce the number of issues into a more manageable number. There are some that were identified as mandatory measures, which means these are the ones that have the best track record at identifying early when a holding is in an uptrend. I am positive there are many momentum indicators that are not in this chapter, but these are the ones that I have used for many years. Just keep in mind what the goal of this is: to remove human input into the selection process.

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.

Today, the Biotechnology ETF (IBB) 20-day EMA crossed up through the 50-day EMA (Silver Cross), generating an IT Trend Model BUY Signal. If we look “under the hood,” we can see that participation continues to expand. The Silver Cross Index tells us how many stocks within this group have a 20-day EMA above the 50-day EMA or a Silver Cross. While it isn’t reading above our bullish 50% threshold, it is rising strongly above its signal line.

Primary indicators are also positive. The RSI is not yet overbought. The PMO is on a Crossover BUY Signal and is rising above the zero line. Stochastics have camped out above 80, signaling internal price strength. We should see this group continue to outperform the SPY.

The weekly chart shows a rising weekly PMO, but we do note that overhead resistance is nearing and it is strong. We could see price stumble at that level before a possible breakout.

Conclusion: Biotechs saw a Silver Cross. The participation indicators under the hood are seeing improvement and primary indicators are bullish enough to look for some upside follow through.

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In this edition of StockCharts TV‘s The Final Bar, legendary trader and author Larry Williams joins Dave in the StockCharts TV studio. Larry shares his latest thoughts on Dow 40K, the resilient rise of gold and precious metals, cycle analysis on the S&P 500 and crude oil, and lessons learned in over 60 years as a trader. Dave highlights bearish momentum divergences for AMZN and DE, as how defensive sectors may yield insights on market rotation.

This video originally premiered on May 16, 2024. Watch on our dedicated Final Bar page on StockCharts TV!

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

Walmart is laying off hundreds of corporate workers across the country as it relocates many employees to its Arkansas headquarters.

The big-box retailer confirmed the layoffs and relocations in a memo sent to employees Tuesday.

In the memo, Chief People Officer Donna Morris said the move is meant to bring more of its employees back to the office after the Covid pandemic. The company brought corporate employees back to its Bentonville, Arkansas, headquarters in February 2022.

Now, she said, Walmart is taking that a step further: The majority of employees working remotely and in offices in Dallas, Atlanta and Toronto have been asked to relocate. Most will be moved to the company’s Arkansas headquarters, but some will also relocate to offices in the San Francisco Bay Area or Hoboken, New Jersey, she said.

“In addition, some parts of our business have made changes that will result in a reduction of several hundred campus roles,” she said in the memo. “While the overall numbers are small in percentage, we are focused on supporting each of our associates affected by these changes.”

Walmart did not say how many people were affected by the cuts.

The news comes days before Walmart’s much-anticipated earnings report on Thursday.

The layoffs are the latest cost cut for the discounter. In late April, Walmart announced it would shutter 51 health clinics across Arkansas, Florida, Georgia, Illinois and Texas. The new clinics, which offered doctor, dentist and therapy appointments, were part of Walmart Health, a broad effort by the discounter to bring lower prices to the health-care industry. It had opened the health clinics next to its big-box stores, but said in an announcement on its website that the business was not financially sustainable.

Walmart is the nation’s largest private employer with about 1.6 million employees, most of whom work at its stores across the country.

Walmart has another reason to bring more employees to Bentonville: It’s building a nearly 350-acre campus there. The major development, which is well underway, includes 12 office buildings, along with parking lots, a hotel and other amenities. The campus’s first few buildings have already opened, including a fitness center and a daycare.

The Wall Street Journal first reported the layoffs and relocations.

Read the full memo from Morris to Walmart employees:

It has been a little over four years since we faced the global pandemic that reshaped our lives in many ways, including our ways of working. In February 2022, we made the decision to bring Home Office associates back into our campus offices. We believe that being together, in person, makes us better and helps us to collaborate, innovate and move even faster. We also believe it helps strengthen our culture as well as grow and develop our associates.

With the goal of bringing more of us together more often, we are asking the majority of associates working remotely, and the majority of associates within our offices in Dallas, Atlanta, and our Toronto Global Tech office, to relocate. Most relocations will be to our Home Office in Bentonville, but some will be to our offices in the San Francisco Bay Area or Hoboken/New York.

In addition, some parts of our business have made changes that will result in a reduction of several hundred campus roles. While the overall numbers are small in percentage, we are focused on supporting each of our associates affected by these changes.

We have had discussions with associates who were directly impacted by these decisions. We will work closely with them in the coming days and months to navigate the best path forward.

This post appeared first on NBC NEWS

Meme stocks are back.

One day after an account associated with the phenomenon posted for the first time in years on the X social media platform, shares in companies that have been linked to speculative trading activity are soaring in value.

Leading the way is video game retailer GameStop, whose shares have soared approximately 180% to $48.75 after closing at $17.39 Friday.

Other stocks rallying at eye-watering rates include AMC Entertainment Holdings, Blackberry and headphone-maker Koss Corp.

These firms have been generally unloved by most mainstream investors, as reflected in their previously desultory share prices.

But participants in the meme-stock mania have demonstrated an almost cult-like ability to imagine scenarios where the firms’ fortunes can be revived, creating astounding — and almost entirely speculative — run-ups in their share prices.

GameStop became the chief beneficiary of the first round of meme stock mania in late 2020 when Ryan Cohen, the co-founder of pet supplies group Chewy, announced he had a plan to revive the fortunes of the flagging company.

Fueled by online forum discussion, especially on Reddit, Cohen attracted an army of believers in his strategy that sent the value of GameStop stock to as high as $81.25 after never breaking $14 a share.

It didn’t exactly work: According to The Wall Street Journal, a string of executives hired by Cohen ended up quitting or getting fired. As recently as last month, GameStop shares had fallen back to just $11.

But on Monday, one of the chief meme-stock cheerleaders, known by the online moniker Roaring Kitty, posted a meme signaling he was planning to become active again.

The user, whose real name is Keith Gill and who was portrayed by Paul Dano in the film ‘Dumb Money’ about the birth of the meme-stock frenzy, not only sought to make money but was also determined to punish other traders who were selling GameStop shares and other stocks short, meaning they were betting that the share prices of those companies would fall.

By driving up the price and ‘squeezing’ these short sellers, Gill and his cohort created massive losses for the skeptics, which included large hedge funds and institutional traders.

Now, it’s happening again: CNBC reported GameStop short sellers are set to lose more than $2 billion at the stock’s current trading levels.

As far as anyone knows, the companies whose stocks are being traded as meme stocks haven’t actually done anything to reorient their fortunes in a way that would merit the tremendous run-up in their stock prices.

But that doesn’t mean they’re not taking advantage of the situation.

Tuesday morning, AMC announced it had raised $250 million off the run-up in its stock value from the near-doubling of its share price Monday (though it was just $3 to $5 per share).

It’s likely more companies could announce the same. Ironically, this action actually reduces the value of shares held by the speculators.

But the goals of meme-stock participants are not solely to make a quick buck.

“I support these retail investors, their ability to make a statement,” Gill told The Wall Street Journal in a 2021 interview.

This post appeared first on NBC NEWS