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The search for justice in America is not a nine-to-five job

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“I APPRECIATE everything that you’ve done,” Judge Jonathan Svetkey told a team of defence lawyers at a recent Night Court arraignment in Manhattan. The lawyers had asked for their client to be released under supervision. They had been working on getting mental-health services and a bed for the night. The judge was sceptical the defendant would accompany them to a shelter. “What if he says, ‘I’m going the other way?’ What are you going to do?” He set bail for $5,000. Judge Svetkey moved on; Night Court usually must handle 70-90 cases a shift.

By day, Manhattan’s Criminal Court is a bustling building. Long queues snake through the metal detectors at the entrance. Lawyers, jurors, defendants and police fill the corridors. But come 5pm, the building clears out, except for two courtrooms, which remain open until 1am to handle arraignments.

Night Court has been around a long time, and without it, New York City’s criminal courts would be even more badly backlogged than they already are. These days, however, late shifts in courts also reflect a national effort to use alternative hours to improve efficiency and engender public trust in the justice system.

To aid rule-breaking drivers who hold down day jobs, many Californian counties offer late hours for traffic court, from 5pm-7.30pm. Forced online by covid, courts around the country continue to hold virtual hearings. Getting to court might be unsafe if someone needs a protection order against a violent partner, so Cook County, which includes Chicago, offers remote proceedings from 9pm until 3am on weekdays, as well as on weekend afternoons. Alternative hours can be used to increase participation, among other benefits, says Danielle Hirsch of the National Centre for State Courts, a non-profit group that promotes court innovations.

Swamped by criminal defendants, New York embraced alternative hours before it was a cause of better-government types. Until 2003, Manhattan’s arraignment court was open 24 hours a day. A third session known as the “lobster shift” ran from 1am until 9am. But during the 1990s, Gotham became one of the safest big cities in America. Fewer arrests meant fewer arraignments. More recently district attorneys have stopped prosecuting marijuana-possession cases, which used to jam up arraignment court. But the remaining shift of Night Court remains busy most nights.

Arrests related to domestic-violence are rising. The influx of migrants has put a strain on the city’s social and judicial services. More migrants are appearing before a criminal-court judge, often for shoplifting necessities such as nappies or stealing something to sell on. A few face charges for more serious crimes such as assault.

New York City law requires, with some exceptions, that defendants appear before a judge within 24 hours of arrest. It would be difficult to meet this goal without Night Court. The arraignment process is no different from during the day. The prosecutor presents the charges and requests that the defendant post bail, be released under supervision or be remanded to jail. Perhaps because it is night, however, some of the emotions seem heightened and many of the defendants can look fragile. Shelter and other services are not as readily available at a late hour, which can be especially worrying on cold winter nights.

Late-night feelings

As in day court, many defendants have mental-health issues and some suffer from drug addiction. Most are poor. Some do not have coats. One former Legal Aid Society lawyer says she had to run out to a 24-hour pharmacy to buy shoes for a client. Taramanie Sukhu, an arraignment supervisor, often shares food.

Ed McCarthy, of Legal Aid, has been working Night Court for more than two decades. He says there is not always a social worker available in the evening or on weekends. (Court is in session seven days and nights each week in New York City.) Defendants can languish at Rikers Island, the city’s largest and most notorious jail, Mr McCarthy says, “only because there’s nobody to offer a programme or a way of giving judges reasons to release you.”

Aubrey Fox of New York City Criminal Justice Agency, a charity supporting pre-trial defendants, says that an infrastructure to promote release instead of detention does function quietly in the background. For every person held at Rikers, nine are released into the community. Many are candidates for treatment and other social services. About 85% make all their court dates. “That gives judges more confidence that if they release someone they will be taken care of,” Mr Fox says.

Night Court is one place where this triage begins. The public gallery tends to be quiet, except for the occasional family member. One family drove from Michigan when a close relative was arrested. The late-shift courtrooms also attract tourists. Kathrin Kolvenbach, a trainee lawyer from Germany, said she had heard about it from a guidebook. She was there to learn about America’s court system. Others are there to gawk, looking for gritty entertainment. Tourists give Night Court tips to each other on Tripadvisor, a travel website. One defence lawyer said seeing tourists, who tend to be white Europeans, leaves a bad taste in her mouth and unsettles her clients, who are mostly African-American or Hispanic.

Krystal Rodriguez, policy head of the Data Collaborative for Justice at John Jay College, says arraignments both night and day are a “snapshot of how the criminal-justice system becomes the unfortunate repository for all these other social issues that outside of the criminal legal system we haven’t been able to address”. Many Americans learned about Night Court from an eponymous sitcom that ran from 1984 until 1992. It was recently rebooted and is not very funny. There are few laughs in the real one either.

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Economics

UK inflation, November 2024

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The columns of Royal Exchange are dressed for Christmas, at Bank in the City of London, the capital’s financial district, on 20th November 2024, in London, England.

Richard Baker | In Pictures | Getty Images

LONDON — U.K. inflation rose to 2.6% in November, the Office for National Statistics said Wednesday, marking the second straight monthly increase in the headline figure.

The reading was in line with the forecast of economists polled by Reuters, and climbed from 2.3% in October.

Core inflation, excluding energy, food, alcohol and tobacco, came in at 3.5%, just under a Reuters forecast of 3.6%.

Headline price rises hit a three-and-a-half year low of 1.7% in September, but was expected to tick higher in the following months, partly due to an increase in the regulator-set energy price cap this winter.

“This upwards trajectory looks set to continue over the next few months,” Joe Nellis, economic adviser at accountancy MHA, said in emailed comments on Wednesday, citing the energy market and “the long-term pressure of a tight domestic labor market.”

Persistent inflation in the services sector, the dominant part of the U.K. economy, has led money markets to price in almost no chance of an interest rate cut during the Bank of England’s final meeting of the year on Thursday. Those bets were solidified earlier this week when the ONS reported that regular wage growth strengthened to 5.2% over the August-October period, up from 4.9% over July-September.

The November data showed services inflation was unchanged at 5%.

If the BOE leaves monetary policy unchanged in December, it will finish out the year with just two cuts of its key rate, bringing it from 5.25% to 4.75%. The European Central Bank has meanwhile enacted four quarter-percentage-point cuts and this month signaled a firm intention to move lower next year.

The U.S. Federal Reserve is widely expected to trim rates by a quarter point at its own meeting on Wednesday, taking total cuts of the year to a full percentage point. Some skepticism lingers over whether it should take this step, given inflationary pressures.

This is a breaking news story and will be updated shortly.

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The Fed has a big interest rate decision coming Wednesday. Here’s what to expect

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Federal Reserve Chair Jerome Powell speaks during a news conference following the November 6-7, 2024, Federal Open Market Committee meeting at William McChesney Martin Jr. Federal Reserve Board Building, in Washington, DC, November 7, 2024. 

Andrew Caballero-Reynolds | AFP | Getty Images

Inflation is stubbornly above target, the economy is growing at about a 3% pace and the labor market is holding strong. Put it all together and it sounds like a perfect recipe for the Federal Reserve to raise interest rates or at least to stay put.

That’s not what is likely to happen, however, when the Federal Open Market Committee, the central bank’s rate-setting entity, announces its policy decision Wednesday.

Instead, futures market traders are pricing in a near-certainty that the FOMC actually will lower its benchmark overnight borrowing rate by a quarter percentage point, or 25 basis points. That would take it down to a target range of 4.25%-4.5%.

Even with the high level of market anticipation, it could be a decision that comes under an unusual level of scrutiny. A CNBC survey found that while 93% of respondents said they expect a cut, only 63% said it is the right thing to do.

“I’d be inclined to say ‘no cut,'” former Kansas City Fed President Esther George said Tuesday during a CNBC “Squawk Box” interview. “Let’s wait and see how the data comes in. Twenty-five basis points usually doesn’t make or break where we are, but I do think it is a time to signal to markets and to the public that they have not taken their eye off the ball of inflation.”

Former Kansas City Fed Pres. Esther George: I would not cut rates this week

Inflation indeed remains a nettlesome problem for policymakers.

While the annual rate has come down substantially from its 40-year peak in mid-2022, it has been mired around the 2.5%-3% range for much of 2024. The Fed targets inflation at 2%.

The Commerce Department is expected to report Friday that the personal consumption expenditures price index, the Fed’s preferred inflation gauge, ticked higher in November to 2.5%, or 2.9% on the core reading that excludes food and energy.

Justifying a rate cut in that environment will require some deft communication from Chair Jerome Powell and the committee. Former Boston Fed President Eric Rosengren also recently told CNBC that he would not cut at this meeting.

“They’re very clear about what their target is, and as we’re watching inflation data come in, we’re seeing that it’s not continuing to decelerate in the same manner that it had earlier,” George said. “So that, I think, is a reason to be cautious and to really think about how much of this easing of policy is required to keep the economy on track.”

Fed officials who have spoken in favor of cutting say that policy doesn’t need to be as restrictive in the current environment and they don’t want to risk damaging the labor market.

Chance of a ‘hawkish cut’

If the Fed follows through on the cut, it will mark a full percentage point lopped off the federal funds rate since September.

While that’s a considerable amount of easing in a short period of time, Fed officials have tools at their disposal to let the markets know that future cuts won’t come so easily.

One of those tools is the dot-plot matrix of individual members’ expectations for rates over the next few years. That will be updated Wednesday along with the rest of the Summary of Economic Projections that will include informal outlooks for inflation, unemployment and gross domestic product.

Another is the use of guidance in the post-meeting statement to indicate where the committee sees policy headed. Finally, Powell can use his news conference to provide further clues.

It’s the Powell parley with the media that markets will be watching most closely, followed by the dot plot. Powell recently said the Fed “can afford to be a little more cautious” about how quickly it eases amid what he characterized as a “strong” economy.

“We’ll see them leaning into the direction of travel, to begin the process of moving up their inflation forecast,” said Vincent Reinhardt, BNY Mellon chief economist and former director of the Division of Monetary Affairs at the Fed, where he served 24 years. “The dots [will] drift up a little bit, and [there will be] a big preoccupation at the press conference with the idea of skipping meetings. So it’ll turn out to be a hawkish cut in that regard.”

What about Trump?

Powell is almost certain to be asked about how policy might position in regard to fiscal policy under President-elect Donald Trump.

Thus far, the chair and his colleagues have brushed aside questions about the impact Trump’s initiatives could have on monetary policy, citing uncertainty over what is just talk now and what will become reality later. Some economists think the incoming president’s plans for aggressive tariffs, tax cuts and mass deportations could aggravate inflation even more.

“Obviously the Fed’s in a bind,” Reinhart said. “We used to call it the trapeze artist problem. If you’re a trapeze artist, you don’t leave your platform to swing out until you’re sure your partner is swung out. For the central bank, they can’t really change their forecast in response to what they believe will happen in the political economy until they’re pretty sure there’ll be those changes in the political economy.”

“A big preoccupation at the press conference is going to the idea of skipping meetings,” he added. “So it’ll turn out to be, I think, a hawkish easing in that regard. As [Trump’s] policies are actually put in place, then they may move the forecast by more.”

Other actions on tap

Most Wall Street forecasters see Fed officials raising their expectations for inflation and reducing the expectations for rate cuts in 2025.

When the dot plot was last updated in September, officials indicated the equivalent of four quarter-point cuts next year. Markets already have lowered their own expectations for easing, with an expected path of two cuts in 2025 following the move this week, according to the CME Group’s FedWatch measure.

The outlook also is for the Fed to skip the January meeting. Wall Street is expecting little to no change in the post-meeting statement.

Officials also are likely to raise their estimate for the “neutral” rate of interest that neither boosts nor restricts growth. That level had been around 2.5% for years — a 2% inflation rate plus 0.5% at the “natural” level of interest — but has crept up in recent months and could cross 3% at this week’s update.

Finally, the committee may adjust the interest it pays on its overnight repo operations by 0.05 percentage point in response to the fed funds rate drifting to near the bottom of its target range. The “ON RPP” rate acts as a floor for the funds rate and is currently at 4.55% while the effective funds rate is 4.58%. Minutes from the November FOMC meeting indicated officials were considering a “technical adjustment” to the rate.

Expect a 'hawkish cut' from the Fed this week, says BofA's Mark Cabana

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Economics

Iran faces dual crisis amid currency drop and loss of major regional ally

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A briefcase filled with Iranian rial banknotes sits on display at a currency exchange market on Ferdowsi street in Tehran, Iran, on Saturday, Jan. 6, 2018.

Ali Mohammadi | Bloomberg | Getty Images

Iran is confronting its worst set of crises in years, facing a spiraling economy along with a series of unprecedented geopolitical and military blows to its power in the Middle East.

Over the weekend, Iran’s currency, the rial, hit a record low of 756,000 to the dollar, according to Reuters. Since September, the embattled currency has suffered the ripple effects of devastating hits to Iran’s proxies, including Lebanon’s Hezbollah and Palestinian militant group Hamas, as well as the November election of Donald Trump to the U.S. presidency.

With the fall of Syrian President Bashar al-Assad amid a shock offensive by rebel groups, Tehran lost its most important ally in the Middle East. Assad, who is accused of war crimes against his own people, fled to Russia and left a highly fractured country behind him.

“The fall of Assad has existential implications for the Islamic Republic,” Behnam ben Taleblu, a senior fellow at the Foundation for Defense of Democracies in Washington, told CNBC. “Lest we forget, the regime ahs spent well over a decade in treasure, blood, and reputation to save a regime which ultimately folded in less than two weeks.”

The currency’s fall exposes the extent of the hardship faced by ordinary Iranians, who struggle to afford everyday goods and suffer high inflation and unemployment after years of heavy Western sanctions compounded by domestic corruption and economic mismanagement.

Trump has pledged to take a hard line on Iran and will be re-entering the White House roughly six years after unilaterally pulling the U.S. out of the Iranian nuclear deal and re-imposing sweeping sanctions on the country.

Iranian President Masoud Pezeshkian has expressed his government’s willingness to negotiate and revive the deal, officially known as the Joint Comprehensive Plan of Action, which lifted some sanctions on Iran in exchange for curbs to its nuclear program. But the attempted outreach comes at a time when the International Atomic Energy Agency says Tehran is enriching uranium at record levels, reaching 60% purity — a short technical step from the weapons-grade purity level of 90%.

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