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GOP senators demand full trial in Mayorkas impeachment

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GOP senators demand full trial in Mayorkas impeachment

Senators are expected to square off Wednesday, largely along party lines, over whether to proceed with a full-scale trial of Homeland Security Secretary Alejandro Mayorkas over his handling of immigration policy and the southern border.

House GOP managers delivered two articles of impeachment against Mayorkas Tuesday, and the next step in the proceedings calls for senators to be sworn in as jurors, sitting as a court of impeachment, on Wednesday afternoon at 1 p.m. EDT.

But after senators take the oath, how things go from there is a somewhat open question.

US House impeachment managers deliver articles of impeachment for Homeland Security Secretary Alejandro Mayorkas to the Senate the Capitol on April 16, 2024.

Julia Nikhinson/AFP via Getty Images

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Democrats control the Senate, and if they stick together, they could quickly vote to dismiss — or table — the articles without ever holding more of a trial. It would take 51 votes.

Democratic leaders has kept their cards close to the vest about managing the articles, but there’s little appetite among Senate Democrats to hold a full-scale impeachment trial.

PHOTO: Homeland Security Secretary Alejandro Mayorkas (R) speaks during a joint press conference with Guatemala's President Bernardo Arevalo (not in frame) at the Culture Palace in Guatemala City, on March 21, 2024.

Homeland Security Secretary Alejandro Mayorkas (R) speaks during a joint press conference with Guatemala’s President Bernardo Arevalo (not in frame) at the Culture Palace in Guatemala City, on March 21, 2024.

Johan Ordonez/AFP via Getty Images, FILE

Many Democrats believe that the articles of impeachment, which accuse Mayorkas of “willful and systemic refusal to comply with the law” and “breach of public trust” are baseless and politicized.

“Impeachment should never be used to settle a policy disagreement,” Majority Leader Chuck Schumer said on the Senate floor on Tuesday. “Let me say that again: Impeachment should never be used to settle a policy disagreement. Talk about awful precedents. This would set an awful precedent for Congress. Every time there’s a policy agreement in the House, they send it over here and tie the Senate in knots to do an impeachment trial? That’s absurd. That’s an abuse of the process. That is more chaos.”

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Schumer has promised to manage the articles “as expeditiously as possible” but has not said exactly what that would look like.

PHOTO: Senate Majority Leader Schumer (D-NY) walks towards the Senate Chamber before impeachment managers deliver the articles of impeachment against Homeland Security Secretary Mayorkas into the Senate Chamber on Capitol Hill on April 16, 2024.

Senate Majority Leader Chuck Schumer (D-NY) walks towards the Senate Chamber before impeachment managers deliver the articles of impeachment against Homeland Security Secretary Alejandro Mayorkas into the Senate Chamber on Capitol Hill on April 16, 2024 in Washington, DC.

Andrew Harnik/Getty Images

He’s facing a fight from Senate Republicans, many of whom are enraged at the suggestion that there wouldn’t be a full trial.

“This is raw gut politics,” Sen. John Kennedy, R-La., said during a news conference on Tuesday where he shared the stage with the House impeachment managers.

“What Senator Schumer is going to do tomorrow — it is fatuous, it is fraudulent and it is an insult to the Senate. It is a disservice to every American citizen who believes in the rule of law,” he said.

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Beyond complaining, though, there’s very little Republicans can ultimately do to get their demands met if all Democrats stick together.

But it’s not clear that they will.

Sen. Jon Tester, D-Mont., faces a difficult reelection fight in increasingly-red Montana this fall. He hasn’t yet said whether or not he would support a motion to dismiss and has repeatedly told reporters he’d wait to make a decision until he’s read the articles.

Notably, when the articles were being read aloud in the Senate by impeachment manager Rep. Mark Green on Tuesday, Tester, who had previously been seated in the chamber, left his seat and headed to the cloak room.

PHOTO: Sen. Ted Cruz (R-TX) speaks during a press conference with other senators and House impeachment managers at the U.S. Capitol on April 16, 2024 in Washington, DC.

Sen. Ted Cruz (R-TX) speaks during a press conference with other senators and House impeachment managers at the U.S. Capitol on April 16, 2024 in Washington, DC.

Win Mcnamee/Getty Images

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He caught flack for it from Sen. Ted Cruz, R-Texas, during the GOP news conference shortly after.

“Jon Tester was nowhere to be found because apparently it was too frightening to hear the managers imply read the facts of the people that were dying because of policies he supports,” Cruz said.

It’s unclear what Tester will ultimately decide. But if he sticks with his party, there is ultimately very little Republicans can do to force a trial to go on. That doesn’t mean they’ll make things easy.

If Democrats want to quickly table the trial, Republicans are expected to offer a number of procedural points of order that would force votes and could eat up several hours of floor time.

Sen. Thom Tillis, R-N.C., told reporters after a closed-door lunch Tuesday that there’s been an ongoing behind-the-scenes discussion about an agreement that would allow several hours of debate over whether a trial is necessary before a motion to dismiss is ultimately voted on.

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“For those of us who would like to have some discussion or debate the potentially offer that we are going to be considering I think offers us an opportunity to build our case,” Tillis said.

Such an agreement would require the consent of all senators, and it’s unclear if that could happen.

Senators might also try to send the trial to a committee for it to be heard, as they’re permitted to do when an impeachment is brought against someone who is not a sitting president.

PHOTO: Sen. Lee (R-Utah) speaks alongside House Republican impeachment managers and other Senate Republicans during a press conference on the impeachment of Secretary of Department of Homeland Security, Mayorkas on Capitol Hill, April 16, 2024.

Sen. Mike Lee (R-Utah) speaks alongside House Republican impeachment managers and other Senate Republicans during a press conference on the impeachment of U.S. Secretary of Department of Homeland Security, Alejandro Mayorkas on Capitol Hill in Washington, April 16, 2024.

Amanda Andrade-rhoades/Reuters

Sen. Mike Lee, R-Utah, who has been among those demanding a trial, suggested this might be an “acceptable” outcome.

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Senate Minority Leader Mitch McConnell said he will strongly oppose Democratic efforts to quash the impeachment effort, saying it is the chamber’s solemn duty to take the matter seriously.

“The Senate will be called for just the 19th time in our history to rule on the impeachment of a senior official of our government. It’s a responsibility to be taken seriously.

“I intend to give these charges my full and undivided attention. Of course, that would require that senators actually get the opportunity to hold a trial. And this is exactly what history and precedent dictates. Never before has the Senate agreed to a motion to table articles of impeachment,” McConnell said.

“I’ll strenuously oppose the effort to table the articles of impeachment and avoid looking at the Biden administration border crisis squarely in the face,” he added.

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Tech reversal pushes US megacaps into correction territory

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Tech reversal pushes US megacaps into correction territory

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Four of the so-called Magnificent Seven technology stocks that have powered the US market rally for the past nine months ended the week in correction territory, having fallen by more than 10 per cent from recent peaks. 

Another two — Microsoft and Amazon — are close to the double-digit falls that define a correction. Investors are looking ahead to further tech earnings updates next week amid worries about punchy valuations and the risks that returns from vast artificial intelligence-related spending may not live up to early hopes.

Nvidia and Tesla are each down 17 per cent from their recent peaks while Meta and Google parent Alphabet have fallen 14 per cent and 12 per cent. Apple is the best performer in the group, having lost just 7 per cent while Microsoft and Amazon have slid about 9 per cent each.

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On Wednesday Alphabet sparked a wider market sell-off when, despite it reporting solid quarterly operating numbers, its shares fell more than 5 per cent on concerns about AI-related investments. Its $13bn quarterly capital expenditure was almost double the levels of a year ago.

“For a long time investors were really sold on the premise that AI investment in and of itself — spending money — is good,” said Max Gokhman, a senior vice-president at Franklin Templeton Investment Solutions. “What we’re seeing now is . . . investors saying, ‘Hold up a sec, what are the productivity gains here, when do you expect to see them?’”

Alphabet’s fall helped drag the tech-heavy Nasdaq Composite to its worst one-day decline in 18 months on Wednesday, down 3.6 per cent. The index ended the week down 2.1 per cent.

Microsoft, Meta, Apple and Amazon earnings next week may set up a fresh test of investor faith in the AI narrative that has been a crucial driver of market gains.

“Expectations are high and valuations for the Mag Seven aren’t cheap. We’re also closer to the point when we see some decelerations in earnings from them as a group — from the beneficiaries of AI in general,” said Josh Nelson, head of US equity at T Rowe Price. 

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Investors this week also showed they were prepared to punish companies that missed expectations, with Tesla losing 12 per cent on Wednesday after slowing sales and its own AI spending shrank profits more than expected. And Ford shares tumbled 18 per cent on Thursday when its profits fell short, hurt by unexpectedly high warranty costs.

On average, companies that missed expectations had seen their shares drop 3.3 per cent in the days surrounding their earnings, according to data from FactSet, more than the five-year average of 2.3 per cent.

Companies that beat expectations saw on average no gains in their share price, FactSet reported.

“The trend of misses getting punished more than beats get rewarded is getting a little bit more significant,” said Liz Ann Sonders, chief investment strategist at Charles Schwab. “There is uncertainty and skittishness with regard to just how fast the market, driven by those names ran, without the commensurate improvement in their forward earnings prospects.”

Sonders also pointed to the fact that the earnings season under way had coincided with a “rotation” among investors taking profits in the biggest tech names in favour of backing smaller companies that were more likely to see big benefits if the Federal Reserve begins to cut interest rates in September.

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This week, the Russell 2000 index of small-cap stocks added 3.5 per cent while the blue-chip S&P 500 fell 0.8 per cent.

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Boar's Head recalls 200,000 pounds of deli meat linked to a Listeria outbreak

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Boar's Head recalls 200,000 pounds of deli meat linked to a Listeria outbreak

An electron microscope image of a Listeria monocytogenes bacterium, which has been linked to an outbreak spread through deli meat. Boar’s Head recalled meat on Friday, after two deaths and 33 hospitalizations linked to Listeria.

Elizabeth White/AP/Centers for Disease Control and Prevention


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Elizabeth White/AP/Centers for Disease Control and Prevention

Boar’s Head is recalling more than 200,000 pounds of deli meat that could be contaminated with listeria, the Food Safety and Inspection Service announced Friday.

The recall includes all Liverwurst products, as well as a variety of other meats listed in the FSIS announcement. The CDC has identified 34 cases of Listeria from deli meat across 13 states, including two people who died as of Thursday. The statement also said there had been 33 hospitalizations.

The CDC warns that the number of infections is likely higher, since some people may not be tested. It can also take three to four weeks for a sick individual to be linked to an outbreak.

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Listeria is a foodborne bacterial illness, which affects about 1,600 people in the U.S. each year, including 260 deaths. While it can lead to serious complications for at-risk individuals, most recover with antibiotics. Its symptoms typically include fever, muscle aches and drowsiness,

The CDC says people who are pregnant, aged 65 or older, or have weakened immune systems are most at risk. It suggests that at-risk individuals heat any sliced deli meat to an internal temperature of 165°F.

The investigation from the CDC and FSIS is ongoing. This is not the first listeria outbreak of the summer, as more than 60 ice cream products were previously recalled during an outbreak in June.

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US charges short seller Andrew Left with fraud

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US charges short seller Andrew Left with fraud

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A federal grand jury in Los Angeles has charged prominent short seller Andrew Left with more than a dozen counts of fraud, alleging that he made profits of at least $16mn from “a long-running market manipulation scheme”, according to a statement from the Department of Justice.

The DoJ added: “Left knowingly exploited his ability to move stock prices by targeting stocks popular with retail investors and posting recommendations on social media to manipulate the market and make fast, easy money.”

The grand jury indictment charged him with 17 counts of securities fraud, one count of engaging in a securities fraud scheme and one count of making false statements to federal investigators.

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The indictment alleged that Left, who has a high profile on social media, publicly claimed that companies’ share prices were too high or low, often with a recommended target price and “an explicit or implicit representation about Citron’s trading position”. This, the DoJ said, “created the false pretence that Left’s economic incentives aligned with his public recommendation”.

Left prepared to quickly close positions after publishing his comments, taking profits on price moves he had caused, according to the indictment.

It also accused Left of presenting himself as independent and concealing Citron’s links with a hedge fund by fabricating invoices and wiring payments through a third party.

If convicted, Left could face decades in prison. Each securities fraud count carries a maximum penalty of 20 years in prison, while the securities fraud scheme and false statements counts each carry a maximum prison term of 25 years and five years, respectively.

The US Securities and Exchange Commission has also filed a separate civil fraud case against Left and his firm Citron Research, claiming the founder made $20mn from a “multi-year scheme to defraud followers.” Left declined to comment on the DoJ and SEC charges.

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“Andrew Left took advantage of his readers. He built their trust and induced them to trade on false pretences so that he could quickly reverse direction and profit from the price moves following his reports,” said Kate Zoladz, regional director of the SEC’s Los Angeles office. “We uncovered these alleged bait-and-switch tactics, which netted Left and his firm $20mn in ill-gotten profits, and we intend to hold Left and his firm accountable for their actions.”   

The practice of betting that a company’s share price will go down has long been controversial — opponents say it gives traders incentives to spread misinformation, while supporters argue that it improves price discovery and holds management accountable. Last year the SEC adopted new rules that require investors to disclose short positions more quickly and fully.

Left has been most vocal recently in his scepticism over GameStop, the ailing video games retailer. In May it raised $3bn selling new shares following a surge in its price driven by the reappearance of Roaring Kitty — whose real name is Keith Gill — who was instrumental in the 2021 meme stock mania that had sent its value rocketing.

Left told followers in mid-June that Citron had closed its short position on the stock not because he had changed his views but because of GameStop’s newly-strengthened balance sheet.

In 2016, Left received a five-year “cold shoulder” ban from regulators in Hong Kong — a landmark ruling for the city — temporarily barring him from its markets after he was found culpable of misconduct related to a research report he published on Chinese property developer China Evergrande.

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Additional reporting by Stefania Palma in Washington and Brooke Masters in New York

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