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The risk of election violence in America is real

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THERE ARE countries in the world where machete-wielding teenagers intimidating voters are a routine part of elections. America is not normally among them. Yet on October 29th an 18-year-old man in Florida was arrested for doing exactly that. Caleb James Williams was, according to local police, part of a group of eight young men hanging out in the parking lot of an early-vote polling station in suburban Jacksonville, waving Donald Trump flags and chanting slogans. Mr Williams allegedly “brandished a machete in an aggressive, threatening posture over his head” at two women who were supporting Kamala Harris.

In late October two ballot boxes, one in Washington state and one in Oregon, were set alight. In Arizona, on October 24th, a 60-year-old man was arrested in connection with three incidents where a Democratic National Committee office was shot at, first with a BB gun, and then with real bullets. In Michigan, on November 2nd, a 55-year-old man was charged after allegedly accelerating his car at Harris campaign canvassers, while calling for them to be exterminated. And in July, one candidate, Donald Trump, was almost assassinated.

Many Americans fear it could get worse. Three-quarters of Americans say that they are worried about post-election violence, according to the AP/NORC poll. Some businesses in Washington, DC, have boarded up their windows, apparently for fear of riots. A few larger businesses are quietly preparing for potential disruption by cancelling meetings and suggesting employees work from home. Readying for potential unrest, some media organisations have even redeployed correspondents from warzones. A few media organisations are warning darkly of “civil war”. But how bad could it really get?

“I am not a panic peddler,” says Sheriff Tom Dart of Cook County, Illinois. “I am just sitting on data that is indisputable…saying that we’ve never had more people saying political violence is OK.” Mr Dart is among the most prominent of 200 law-enforcement officers who have been briefed by Robert Pape, an academic at the University of Chicago who studies political violence. Mr Pape has been surveying voters, both remotely and in person at rallies. Based on this evidence, he is frank: “We are going forward into a season of political violence.”

Underpinning this is data showing that significant minorities—a fifth of Americans—say they support the use of violence to either restore Donald Trump to the presidency or else to prevent him from taking it. That finding, Mr Pape argues, is roughly analogous to discovering there is a lot of dry wood in a forest. It does not necessarily mean that an enormous wildfire will break out. Nor does it tell you much about what sort of spark could set it off. But it means that you should be prepared.

What would violence look like if it happened? Much depends on the results. If Ms Harris appears to be winning in a close count, one possibility is protests at places where counts are being held (as happened in 2020), fuelled by conspiracy theories about fraud. Even if she won clearly, currently sporadic violent incidents against Democrats by amped-up or paranoid individuals could escalate. By contrast, if Mr Trump wins, the fear would be widespread protests in big cities, some of which could turn into violent rioting. Mr Pape stresses that his data suggest people on both sides of the political divide are supportive of violence.

The risk, however, is not evenly balanced. Another survey by the Public Religion Research Institute, a think-tank, suggests Republicans are over three times as likely as Democrats to believe that “true American patriots may have to resort to violence to save the country”. And incitement can turn support for violence into action. In the final weeks of the campaign, Mr Trump has come close to that. At one of his final rallies in Pennsylvania on November 3rd he appeared to make a joke about how he “wouldn’t mind” if somebody shot at the “fake news” journalists covering him, and suggested that “demonic” Democrats “are fighting so hard to steal this damn thing”.

One concern is that viral online posts claiming to offer proof of electoral fraud or irregularities will inspire people to take to the streets. A recent illustration of just how quickly “rage bait” can spin out of control came from the (false) claim that Haitians were eating dogs in Springfield, Ohio. That was then amplified by Mr Trump and his running-mate, J.D. Vance. It led to over 30 bomb threats against schools and government buildings. Already hundreds of posts have claimed to show evidence of election fraud, and many more are certain to follow on and after election day. False claims are also fanned by foreign adversaries: a viral video purporting to show Haitian immigrants illegally voting in Georgia turned out to be Russian election interference, America’s intelligence agencies said last week.

Yet there are reasons to be optimistic for a smoother ride than in 2020. Local officials are better prepared. In Michigan, poll workers have been given special phone numbers to contact law enforcement if they are threatened. In Philadelphia’s, ballot-counting  has been moved from the city centre location warehouse , where in 2020 Mr Trump’s supporters banged on the windows demanding to “stop the count” to a suburban warehouse, is now surrounded by barbed wire. “Do we think it’s possible there’s going to be protests at election warehouses? We’ve already seen that, so, yeah, we’re planning for that. Do we think that folks are going to get threatened? Yeah, we’re planning for that,” says Adrian Fontes, Arizona’s Democratic secretary of state. According to the Brennan Centre for Justice, a think-tank, 92% of local election officials across America have taken steps to improve election security and staff safety.

Will it be enough? Predictions of imminent civil war are clearly overblown. Even widespread violence seems unlikely. But irregularities and a few bad incidents are inevitable (and happen at every election). “The notion that all police departments are going to be up to speed on election law is wildly naive,” worries Mr Dart, the sheriff in Illinois. After all, America has almost 18,000 police departments. Small forces are not all trained in active-shooter response, best crowd-control practices or in riot equipment and weapons, says Brian Higgins, a former cop and now a crowd-control expert at John Jay College of Criminal Justice.

Overall, police seem prepared. And election officials have put measures in place, including live feeds of drop boxes, in an attempt to build trust in the process. Sending a signal that political violence will be severely punished would help. Unfortunately Mr Trump is conveying the opposite message to his supporters—by promising to pardon January 6th rioters if re-elected. As long as violence is not roundly condemned, it is impossible to rule out.

Economics

BOI Reporting and the impact of the recent Federal Injunction

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The Corporate Transparency Act (CTA) is a legislative measure designed to enhance financial transparency

The Corporate Transparency Act (CTA) is a legislative measure designed to enhance financial transparency and mitigate risks such as money laundering, terrorist financing, and other illicit financial activities. The CTA aims to close loopholes and create a fairer business environment by requiring certain entities to disclose their beneficial ownership information. However, recent legal developments have temporarily impacted compliance requirements, bringing attention to the act’s ongoing litigation and implementation.

Federal Court Decision and Its Implications

On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a preliminary injunction in the case of Texas Top Cop Shop, Inc., et al. v. Garland, et al. (No. 4:24-cv-00478). This injunction temporarily halts the enforcement of the CTA, specifically its beneficial ownership reporting requirements. Additionally, the court order stays all deadlines for compliance.

As a result, reporting companies are currently not obligated to submit beneficial ownership information (BOI) reports to the Financial Crimes Enforcement Network (FinCEN). During the injunction, these entities are also shielded from liability for non-compliance with CTA mandates.

Despite this pause, FinCEN has clarified that companies may still voluntarily submit their BOI reports. This voluntary reporting option remains available for businesses that wish to align with the CTA’s transparency goals.

Overview of the Corporate Transparency Act

The CTA mandates that certain entities provide information about their beneficial owners—individuals who own or control a business. The act is intended to increase transparency, enhance national security, and reduce the anonymity that can facilitate financial crimes.

While the CTA has garnered support for its objectives, it has also faced legal challenges questioning its constitutionality. Courts in different jurisdictions have issued varying rulings, with some upholding the law and others granting temporary injunctions. For example, district courts in Virginia and Oregon have ruled in favor of the Department of the Treasury, asserting the CTA’s alignment with constitutional principles.

Compliance During the Injunction

Currently, the federal injunction exempts businesses from mandatory BOI filing requirements nationwide. This temporary halt will remain in place until further developments, such as a decision by an appellate court or a reversal of the injunction.

In response to the ruling, the Department of Justice, representing the Department of the Treasury, has filed an appeal. While the case proceeds through the legal system, FinCEN has confirmed its compliance with the court order.

Looking Ahead

The legal proceedings surrounding the CTA highlight the evolving nature of financial regulation. As courts continue to deliberate, businesses should monitor updates to remain informed about their obligations. By staying informed and prepared, businesses can effectively manage their compliance responsibilities and contribute to efforts that promote financial integrity and transparency.

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Economics

After a chaotic scramble, Congress strikes a budget deal

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Donald Trump is the most powerful Republican politician in a generation, but the president-elect is still no match for the most nihilistic members of his own party. The budget chaos that unfolded on Capitol Hill as the Christmas break approached is only a preview of the difficult realities Mr Trump will face when he starts to govern next month.

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Economics

Why Congress is so dysfunctional

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Budgetary chaos is a sign that governing will be harder than Donald Trump might assume

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