Business
Business and Roe v. Wade
Extra polarization forward
A draft Supreme Court docket opinion exhibits {that a} majority of justices voted in February to overturn Roe v. Wade, the landmark case establishing the proper to abortion. The opinion, obtained by Politico, remains to be topic to vary and debate up till its official launch, which is anticipated by this summer time. Whatever the final result, the draft is more likely to have fast penalties for enterprise, thrusting corporations additional into the political fray.
Extra corporations could also be compelled to talk out. That is already enjoying out on the state stage in locations like Texas, the place a restrictive abortion legislation has led Yelp, Citigroup and others to pledge to assist pay for workers to journey out of state for abortions. (Amazon advised staff yesterday that it could present related reimbursements.) The draft opinion simply turned this polarizing difficulty right into a urgent midterm election query. Meaning corporations might count on stress from each staff and customers to take a stand.
Company political spending will get strict scrutiny. For the reason that Jan. 6 riot on the Capitol, corporations have confronted extra stress to align their political contributions with their acknowledged ideas. Roe v. Wade is maybe essentially the most contentious case of this age, so for companies there isn’t any politically protected choice, and so they might have to decide on which enemies they’ll afford to make. Taking a stand, whether or not by talking up, contributing to causes or withholding funding from politicians as punishment, can have penalties.
Rigidity between companies and politicians might intensify. Disney’s current battles with Ron DeSantis, Florida’s Republican governor, over a legislation prohibiting dialogue of gender id in some public faculties price the corporate its particular tax privileges and good will from key Republicans. Final yr, corporations that stood up for voting rights in Georgia, Florida, Texas and different states confronted political retribution, or not less than threats of it. As corporations take stances on social and cultural points that anger folks on the proper, conservative politicians are spurning their contributions and pushing again. Anticipate extra of those conflicts.
HERE’S WHAT’S HAPPENING
BP takes a $25.5 billion hit from its choice to exit its Russia holdings. The British vitality big nonetheless reported its highest earnings in a decade, underpinned by hovering oil and pure fuel costs. However the excessive prices of withdrawal from Russia have gotten clearer as oil corporations report first-quarter earnings. Shell experiences on Thursday.
Germany is backing the E.U.’s plan for an embargo on Russian oil. Its shift on the problem helps clear the best way for brand new sanctions that might deprive Moscow of hundreds of thousands of euros a day. Germany is one among Russia’s largest vitality clients.
Perceive the Problem to Roe v. Wade
The Supreme Court docket’s upcoming choice in Dobbs v. Jackson Ladies’s Well being Group may very well be essentially the most consequential to ladies’s entry to abortion since 1973.
The upstart Amazon Labor Union suffers a setback. After a landmark victory at a close-by New York warehouse final month, staff at a smaller Staten Island facility with the next proportion of part-time employees rejected unionization by a large margin, presumably signaling the boundaries to a current rise in employee curiosity in organizing.
A Division of Homeland Safety board is embroiled in a debate over disinformation. The creation of the board, introduced final week, has led to a partisan disagreement over the federal government’s function in policing false, poisonous or violent content material on-line. Republican lawmakers have known as the board Orwellian.
A crypto crackdown?
The S.E.C. mentioned this morning that it was doubling down on crypto enforcement, bolstering a cybersecurity workforce created in 2017 and renaming it the Crypto Belongings and Cyber Unit. That group has labored on about 80 crypto enforcement actions, and it’s rising to 50 folks from 30 “to be higher geared up to police wrongdoing within the crypto markets,” the company’s chairman, Gary Gensler, mentioned in a press release. The transfer displays rising investor curiosity in crypto and the various monetary merchandise it has spawned — in addition to the S.E.C.’s considerations concerning the dangers which have accompanied this fast progress.
There will probably be “a spill in Aisle Three,” Gensler has mentioned to DealBook and others, predicting crypto catastrophe on a grand scale if regulators don’t act quick and write new guidelines. Because it stands, he argues, traders have little details about the risks of enjoying in regulatory grey areas. However including extra cops on the beat will displease the crypto trade and its supporters, who’re already sad about what they understand as S.E.C. overreach and an company that regulates by way of enforcement.
Retail traders are “bearing the brunt of abuses on this area,” mentioned Gurbir Grewal, the S.E.C.’s enforcement chief, and extra enforcers may help defend them. Grewal just isn’t new to crypto policing. He was legal professional basic in New Jersey when it started investigating the crypto lending agency BlockFi, and he lately oversaw a $50 million S.E.C. settlement with the corporate for apparently violating securities registration necessities and misstating product dangers. (BlockFi agreed to pay one other $50 million to 32 states to settle related fees; it didn’t admit or deny guilt.) Underneath Grewal’s watch, the S.E.C. additionally warned the crypto trade Coinbase that it could be sued for the same providing, prompting its C.E.O., Brian Armstrong, to lament on Twitter: “If we find yourself in courtroom we might lastly get the regulatory readability the SEC refuses to offer.”
New guidelines will imply extra to implement. Gensler seems completely happy to supply regulatory readability, even when it’s not what the trade needs. He has mentioned all crypto exchanges, together with decentralized finance platforms the place customers transact pseudonymously through “sensible contracts” or code, ought to be topic to the identical necessities as conventional inventory exchanges. The trade believes it will simply pressure crypto innovation to occur abroad: Invoice Hughes, senior counsel on the blockchain software program firm ConsenSys, warned that it might result in “a gradual drumbeat of enforcement actions that will dramatically redefine the chance profile of operating a U.S.-based crypto venture.”
“That is an affordability emergency. If you wish to management inflation, one of many issues you need to management is vitality prices.”
— Mark Toney, government director of The Utility Reform Community, or TURN, which represents utility clients in California. Many Individuals are going through quickly rising electrical energy payments.
Schmoozing in Beverly Hills
The Milken Institute’s World Convention, an annual confab of teachers, deal makers, politicians and celebrities hosted by the previous junk bond king Michael Milken, opened its twenty fifth session in Beverly Hills on Sunday. The convention’s distinctive Wall Road-West Coast mash-up means members can stroll out of a dialogue on inflation and into an indication of how sound waves can activate “greater states of consciousness,” led by a girl with an enormous glass bell.
As in previous years on the Beverly Hilton, the foyer, which arches across the lodge’s round driveway, felt extra packed than any of the convention rooms internet hosting panel discussions. Roaming the foyer had been David Solomon, the Goldman Sachs C.E.O.; Raymond McGuire, the banker and former New York mayoral; the comic Tiffany Haddish; and the “Intercourse and the Metropolis” actress Kristin Davis, amongst others. One ground down, rooms across the pool had been become “cabanas” for personal conversations.
Within the convention rooms, there have been discussions on whether or not U.S. firms have taken on an excessive amount of debt, what was dividing the nation politically and culturally, and one of the best methods to assist refugees from the conflict in Ukraine.
The tech-stock investor Cathie Wooden, whose star energy has clearly not dimmed regardless of her fund’s current poor efficiency, participated in two of the preferred boards. In a session on crypto, she argued that NFTs had been enhancing property rights. In one other on markets, Wooden argued that synthetic intelligence and different technological improvements would eradicate inflation — and maybe result in deflation. “This era is essentially the most progressive in historical past,” she mentioned.
THE SPEED READ
Offers
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Spirit Airways turned down JetBlue’s acquisition supply, opting to go forward with a merger cope with Frontier. (NYT)
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The G-III Attire Group, which owns DKNY, will turn out to be the only real proprietor of the Karl Lagerfeld model with a $210 million buyout of different traders. (CNBC)
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Vice Media is reportedly exploring a sale, after its plans to go public through a SPAC final yr stalled. (CNBC)
Russia-Ukraine conflict
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Russia needs to promote extra oil and coal to China and India, however Western sanctions make that arduous until it cuts costs. (NYT)
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“Dealing with a Wheat Disaster, Nations Race to Remake an Complete Market on the Fly” (WSJ)
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The E.U. is seeking to Africa to assist cut back its dependency on Russian fuel. (Bloomberg)
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Russia’s ladies’s soccer workforce is barred from the European championship and the World Cup. (NYT)
Coverage
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Bitcoin supporters together with Jack Dorsey wrote to the E.P.A. to rebut Home Democrats’ claims concerning the environmental results of crypto mining. (CNBC)
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A Citi dealer’s error was the reason for a “flash crash” in European inventory markets yesterday. (BBC)
Better of the remainder
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Because the World Cup in Qatar nears, some manufacturers try to distance themselves from the host nation due to its human rights document. (NYT)
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Employees in Austin, Texas, are placing in additional time on the workplace than in some other main U.S. metropolitan space. (WSJ)
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In some components of North Carolina, massive company landlords have purchased up not less than 1 in 20 single-family houses, an investigation exhibits. (Charlotte Observer)
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How Elon Musk winged it with Twitter, and every little thing else. (NYT)
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“The Story of a Crypto Govt Who Wasn’t Who He Stated He Was” (NYT)
We’d like your suggestions! Please electronic mail ideas and solutions to dealbook@nytimes.com.
Business
4 Takeaways From the Arguments Before the Supreme Court in the TikTok Case
The Supreme Court on Friday grappled over a law that could determine the fate of TikTok, an enormously popular social media platform that has about 170 million users.
Congress enacted the law out of concern that the app, whose owner is based in China, is susceptible to the influence of the Chinese government and posed a national risk. The measure would effectively ban TikTok from operating in the United States unless its owner, ByteDance, sells it by Jan. 19.
Here are some key takeaways:
The court appeared likely to uphold the law.
While the justices across the ideological spectrum asked tough questions of both sides, the overall tone and thrust appeared to suggest greater skepticism toward the arguments by lawyers for TikTok and its users that the First Amendment barred Congress from enacting the law.
The questioning opened with two conservative members of the court, Justice Clarence Thomas and Chief Justice John G. Roberts Jr., suggesting that it was not TikTok, an American company, but its Chinese parent company, ByteDance, that was directly affected by the law.
Another conservative, Justice Brett M. Kavanaugh, focused on the risk that the Chinese government could use information TikTok is gathering on tens of millions of American teenagers and twentysomethings to eventually “develop spies, turn people, blackmail people” when they grow older and go to work for national security agencies or the military.
Justice Elena Kagan, a liberal, asked why TikTok could not just create or buy another algorithm rather than using ByteDance’s.
And another liberal, Justice Ketanji Brown Jackson, said she believed the law was less about speech than about association. She suggested that barring TikTok from associating with a Chinese company was akin to barring Americans from associating with foreign terrorist groups for national security reasons. (The Supreme Court has upheld that as constitutional.)
Still, several justices were skeptical about a major part of the government’s justification for the law: the risk that China might “covertly” make TikTok manipulate the content shown to Americans or collect user data to achieve its geopolitical aims.
Both Justice Kagan and Justice Neil M. Gorsuch, a conservative, stressed that everybody now knows that China is behind TikTok. They appeared interested in whether the government’s interest in preventing “covert” leveraging of the platform by a foreign adversary could be achieved in a less heavy-handed manner, like appending a label warning users of that risk.
Lawyers for TikTok and for its users argued that the law is unconstitutional.
Two lawyers argued that the law violates the First Amendment: Noel Francisco, representing both TikTok and ByteDance, and Jeffrey Fisher, representing TikTok users. Both suggested that concerns about potential manipulation by the Chinese government of the information American users see on the platform were insufficient to justify the law.
Mr. Francisco contended that the government in a free country “has no valid interest in preventing foreign propaganda” and cannot constitutionally try to keep Americans from being “persuaded by Chinese misinformation.” That is targeting the content of speech, which the First Amendment does not permit, he said.
Mr. Fisher asserted that fears that China might use its control over the platform to promote posts sowing doubts about democracy or pushing pro-China and anti-American views were a weaker justification for interfering in free speech than concerns about foreign terrorism.
“The government just doesn’t get to say ‘national security’ and the case is over,” Mr. Fisher said, adding, “It’s not enough to say ‘national security’ — you have to say ‘what is the real harm?’”
The Biden administration defended Congress’s right to enact the law.
The solicitor general, Elizabeth B. Prelogar, argued that Congress had lawful authority to enact the statute and that it did not violate the First Amendment. She said it was important to recognize that the law leaves speech on TikTok unrestricted once the platform is freed from foreign control.
“All of the same speech that’s happening on TikTok could happen post-divestiture,” she said. “The act doesn’t regulate that at all. So it’s not saying you can’t have pro-China speech, you can’t have anti-American speech. It’s not regulating the algorithm.”
She added: “TikTok, if it were able to do so, could use precisely the same algorithm to display the same content by the same users. All the act is doing is trying to surgically remove the ability of a foreign adversary nation to get our data and to be able to exercise control over the platform.”
The court appears unlikely to wait for Trump.
President-elect Donald J. Trump has asked the Supreme Court to issue an injunction delaying the law from taking effect until after he assumes office on Jan. 20.
Mr. Trump once shared the view that Chinese control of TikTok was an intolerable national security risk, but reversed course around the time he met with a billionaire Republican donor with a stake in its parent company.
If the court does uphold the law, TikTok would effectively be banned in the United States on Jan. 19, Mr. Francisco said. He reiterated a request that the court temporarily pause the law from taking effect to push back that deadline, saying it would “simply buy everybody a little breathing space.” It might be a “different world” for TikTok after Jan. 20, he added.
But there was scant focus by the justices on that idea, suggesting that they did not take it seriously. Mr. Trump’s brief requesting that the court punt the issue past the end of President Biden’s term so he could handle it — signed by his pick to be the next solicitor general, D. John Sauer — was long on rhetoric extolling Mr. Trump, but short on substance.
Business
'We will not be closing.' Amid the fires, employers and employees walk a fine line between work and safety
When Brigitte Tran arrived Wednesday morning at the Rodeo Drive boutique where she works as a sales associate, she was on edge.
Smoke from multiple wildfires raging across Los Angeles County billowed overhead. The luxury shopping corridor usually bustling with tourists appeared a ghost town.
Tran’s co-worker texted their boss to let her know neighboring stores had closed, and described the acrid smoke in the air. But the woman, at home in Orange County, did not seem to grasp their concerns. “We will not be closing unless the mall instructs us to close,” she replied.
Tran, who, fearing professional repercussions, asked that her place of work not be named, grew more anxious as the hours ticked by. Around 3 p.m., she and the two other employees working that day mutinied. They packed up, told the security guard to head home, and locked the doors a few hours before closing time.
As the wildfires have raged across Los Angeles County, choking the air, closing schools and forcing tens of thousands of people to evacuate, employers and employees alike have had to manage a difficult balancing act between work and well being. Some employers responded swiftly to the crisis, shutting down offices and shifting to remote work, providing outdoor workers with masks and other protective equipment, and offering support for employees forced to evacuate. Others have been less adept, clumsy in their communications or wholly unmoved by worker concerns — sparking anger among their ranks as a result.
The fires have underscored the need for companies to have a clear plan in place to respond to emergencies, said Jonathan Porter, a meteorologist at private weather forecaster AccuWeather. The obligation, he said, goes beyond monitoring whether an office is in an evacuation zone. For example, as the current devastation unfolds, businesses should be aware of the “copious amounts of dangerous smoke that’s wafting into the air” and be prepared to provide outdoor workers with quality respirators or move them away from polluted air.
Some employers gave employees flexibility. Snap, the Santa Monica-based creator of the photo messaging app Snapchat, for example, kept its offices open on Wednesday but encouraged employees to work remotely, said a company spokesperson.
Others changed course after fielding criticism.
An announcement by UCLA that the campus would remain open for classes and regular operations on Wednesday drew anger from some instructors and students on social media.
Victor Narro, project director for the UCLA Labor Center and a lecturer on campus, said in a post on X he would ignore UCLA’s mandate and hold an optional class online.
“Students have been up all night panicked about sleeping through evacuation orders, winds still high, branches falling all over Westwood, power outages across city, & our new chancellor (on his 2nd day) thought this should be his first bold call…” wrote Nour Joudah, an assistant professor in UCLA’s Asian American Studies Department, in another X post.
That evening, UCLA changed course as conditions worsened, announcing it would close campus.
On Saturday, UCLA Chancellor Julio Frenk released a statement saying classes would be held remotely for at least another week and campus operations would be curtailed. “We ask for continued flexibility and understanding as we all work through these difficult times,” Frenk wrote.
But for many workers, the chaos of the last few dayshas left them feeling like they are fending for themselves.
Tim Hernandez, a driver with Amazon Flex, an on-demand Uber-like program in which people use their own cars to deliver packages, was assigned a route Tuesday along the Pacific Coast Highway toward Malibu, which was rife with closures.
When he questioned whether making the delivery was safe, he said dispatchers at a Amazon facility in Camarillo brushed him off, leaving him to choose between concerns for his safety and worries that his rating in the Flex app would be hurt if he refused to go. He decided to try to make the deliveries, battling gusts of wind that knocked him over at one point. He lost cell signal, however, and was forced to return to the warehouse without completing the vast majority.
And when he arrived for his shift Tuesday, Alfred Muñoz, 43, an Amazon delivery driver who works out of a warehouse in the City of Industry, said he was handed an N95 mask but given little other instruction.
“It was just kind of business as usual,” Muñoz said.
High package counts and the number of stops on his assigned routes this week have made work even more difficult. On Tuesday, with wind gusts whipping debris around making it difficult to see, he had about 180 stops and 290 packages to deliver. On Thursday, the air thick with smoke and ash, he had more than 300 packages.
He woke up Thursday morning with a bloody nose and a sooty black crust in the corners of his eyes.
In response to a request for comment, Montana MacLachlan, an Amazon spokesperson, said the company was “closely monitoring the wildfires across Southern California and adjusting our operations to keep our employees and those delivering for us safe.”
“If a driver arrives at a delivery location and the conditions are not safe to make a delivery, they are not expected to do so and the driver’s performance will not be impacted,” she said.
At the Brentwood location of popular Italian eatery Jon & Vinny’s, staff complained of headaches and sore throats in a text message group chat. An employee, who asked not to be named fearing retaliation at work, said that on Tuesday, staff huddled around an iPad with a fire map pulled up to keep an eye on the expanding evacuation zone. From the front of the restaurant, they could see the glow of the Palisades fire.
The employee said they were frustrated management kept the restaurant open when the perimeter of the mandatory evacuation zone was just two blocks away. On Wednesday, every server scheduled to work called in to say they were not coming, the employee said.
A spokesperson for Joint Venture Restaurant Group, which owns Jon & Vinny’s, did not immediately respond to a request for comment.
During natural disasters and extreme weather, employers’ choices can sometimes mean life or death, said David Michaels, a professor at the Milken Institute School of Public Health and a former assistant secretary of labor for the Occupational Safety and Health Administration.
He pointed to recent floods from Hurricane Helene that killed several workers at a plastics manufacturer. The tragedy has drawn scrutiny from state investigators, and a wrongful death lawsuit accuses the company of requiring employees to stay on site amid flooding after they requested permission to leave.
“It’s incumbent on employers to ensure the safety of their workers,” Michaels said. “The safety of their employees must take precedence over business concerns.”
Yasha Timenovich, 48, a driver for rideshare app Lyft and food delivery platform DoorDash, is more worried about declining earnings than on-the-job safety. With many restaurants and other businesses closed and would-be customers fleeing the city, he said that rides and deliveries have been slow. Traffic patterns have been strange and unpredictable with families piling into vehicles to flee fires.
Timenovich, who faced an order to evacuate his Hollywood apartment with his fiance and 6-year-old daughter Wednesday night, said he planned to stay with relatives for a few days in San Luis Obispo, where he hopes business will be better.
“I’m going to get out of here because it’s too crazy with these fires,” Timenovich said.
Business
Scott Bessent, Trump’s Billionaire Treasury Pick, Will Shed Assets to Avoid Conflicts
Scott Bessent, the billionaire hedge fund manager whom President-elect Donald J. Trump picked to be his Treasury secretary, plans to divest from dozens of funds, trusts and investments in preparation to become the nation’s top economic policymaker.
Those plans were released on Saturday along with the publication of an ethics agreement and financial disclosures that Mr. Bessent submitted ahead of his Senate confirmation hearing next Thursday.
The documents show the extent of the wealth of Mr. Bessent, whose assets and investments appear to be worth in excess of $700 million. Mr. Bessent was formerly the top investor for the billionaire liberal philanthropist George Soros and has been a major Republican donor and adviser to Mr. Trump.
If confirmed as Treasury secretary, Mr. Bessent, 62, will steer Mr. Trump’s economic agenda of cutting taxes, rolling back regulations and imposing tariffs as he seeks to renegotiate trade deals. He will also play a central role in the Trump administration’s expected embrace of cryptocurrencies such as Bitcoin.
Although Mr. Trump won the election by appealing to working-class voters who have been dogged by high prices, he has turned to wealthy Wall Street investors such as Mr. Bessent and Howard Lutnick, a billionaire banker whom he tapped to be commerce secretary, to lead his economic team. Linda McMahon, another billionaire, has been picked as education secretary, and Elon Musk, the world’s richest man, is leading an unofficial agency known as the Department of Government Efficiency.
In a letter to the Treasury Department’s ethics office, Mr. Bessent outlined the steps he would take to “avoid any actual or apparent conflict of interest in the event that I am confirmed for the position of secretary of the Department of Treasury.”
Mr. Bessent said he would shutter Key Square Capital Management, the investment firm that he founded, and resign from his Bessent-Freeman Family Foundation and from Rockefeller University, where he has been chairman of the investment committee.
The financial disclosure form, which provides ranges for the value of his assets, reveals that Mr. Bessent owns as much as $25 million of farmland in North Dakota, which earns an income from soybean and corn production. He also owns a property in the Bahamas that is worth as much as $25 million. Last November, Mr. Bessent put his historic pink mansion in Charleston, S.C., on the market for $22.5 million.
Mr. Bessent is selling several investments that could pose potential conflicts of interest including a Bitcoin exchange-traded fund; an account that trades the renminbi, China’s currency; and his stake in All Seasons, a conservative publisher. He also has a margin loan, or line of credit, with Goldman Sachs of more than $50 million.
As an investor, Mr. Bessent has long wagered on the rising strength of the dollar and has betted against, or “shorted,” the renminbi, according to a person familiar with Mr. Bessent’s strategy who spoke on condition of anonymity to discuss his portfolio. Mr. Bessent gained notoriety in the 1990s by betting against the British pound and earning his firm, Soros Fund Management, $1 billion. He also made a high-profile bet against the Japanese yen.
Mr. Bessent, who will be overseeing the U.S. Treasury market, holds over $100 million in Treasury bills.
Cabinet officials are required to divest certain holdings and investments to avoid the potential for conflicts of interest. Although this can be an onerous process, it has some potential tax benefits.
The tax code contains a provision that allows securities to be sold and the capital gains tax on such sales deferred if the full proceeds are used to buy Treasury securities and certain money-market funds. The tax continues to be deferred until the securities or money-market funds are sold.
Even while adhering to the ethics guidelines, questions about conflicts of interest can still emerge.
Mr. Trump’s Treasury secretary during his first term, Steven Mnuchin, divested from his Hollywood film production company after joining the administration. However, as he was negotiating a trade deal in 2018 with China — an important market for the U.S. film industry — ethics watchdogs raised questions about whether Mr. Mnuchin had conflicts because he had sold his interest in the company to his wife.
Mr. Bessent was chosen for the Treasury after an internal tussle among Mr. Trump’s aides over the job. Mr. Lutnick, Mr. Trump’s transition team co-chair and the chief executive of Cantor Fitzgerald, made a late pitch to secure the Treasury secretary role for himself before Mr. Trump picked him to be Commerce secretary.
During that fight, which spilled into view, critics of Mr. Bessent circulated documents disparaging his performance as a hedge fund manager.
Mr. Bessent’s most recent hedge fund, Key Square Capital, launched to much fanfare in 2016, garnering $4.5 billion in investor money, including $2 billion from Mr. Soros, but manages much less now. A fund he ran in the early 2000s had a similarly unremarkable performance.
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