Tag Archives: testify

Apple Inc. (NASDAQ:AAPL), Google Inc. (NASDAQ:GOOG) – Apple CEO Tim Cook To Testify Alongside Epic’s Sweeney In ‘Fortnite’ Trial

The courtroom drama between Apple Inc (NASDAQ: AAPL) and Epic Games over the latter’s “Fortnite” game promises to be a star-studded affair.

What Happened: Top executives from the Cupertino, California-based tech giant and Epic are expected to testify in-person, CNN reported Sunday.

Apple CEO Tim Cook, software engineering chief Craig Federighi and Apple Fellow Phil Schiller are prospective witnesses, according to a court filing seen by CNN.

Epic will reportedly call its founder and CEO Tim Sweeney and other top executives to stand witness.

“Our senior executives look forward to sharing with the court the very positive impact the App Store has had on innovation, economies across the world and the customer experience over the last 12 years,” Apple said in a statement, as reported by CNN.

See Also: Apple Holds ‘Crazy, Misguided View’ About Owning All Commerce Related To iPhone, Says Epic Founder

Why It Matters: Last August, Apple and Alphabet Inc (NASDAQ: GOOGL) (NASDAQ: GOOG) were taken to court by Epic after its Fortnite game was removed from the app stores run by the two companies.

The removal came after Epic tried to bypass a cut charged on in-game purchases by the tech giants.

Apple too countersued Epic and called the latter’s lawsuit as “nothing more than a basic disagreement over money.”

Cupertino has since then slashed its App Store fee to 15% for small businesses earning up to $1 million per year. A move that was replicated by Google last week.

Price Action: Apple shares closed 0.45% lower at $119.99 on Friday.

For news coverage in Italian or Spanish, check out Benzinga Italia and Benzinga España.

 

© 2021 Benzinga.com. Benzinga does not provide investment advice. All rights reserved.

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Tim Cook and other Apple executives will testify against Epic in Fortnite trial

The case concerns a fallout between the maker of one of the world’s most popular video games and the preeminent mobile device company over Apple’s control of its App Store. Epic is suing Apple for alleged antitrust violations.

Apple (AAPL) CEO Tim Cook, software engineering chief Craig Federighi and Apple fellow Phil Schiller are a few of the executives that may testify, according to a court filing of tentative witnesses. Others include those who handle payment processing, combating fraud and those involved with App Store development, policies and tools.

“Our senior executives look forward to sharing with the court the very positive impact the App Store has had on innovation, economies across the world and the customer experience over the last 12 years. We feel confident the case will prove that Epic purposefully breached its agreement solely to increase its revenues, which is what resulted in their removal from the App Store,” Apple said in a statement. “By doing that, Epic circumvented the security features of the App Store in a way that would lead to reduced competition and put consumers’ privacy and data security at tremendous risk.”

Epic Games’ plans to call its founder and CEO Tim Sweeney and other senior executives to testify on matters such as its business model, financial performance and its campaign against app stores. Epic declined to comment.

The iPhone maker and creator of popular video game Fortnite have been ensnarled in a legal battle since last year after Apple removed the Fortnite game from its App Store in August. The removal came after Epic pushed a software update to the app that allowed players to circumvent Apple’s proprietary in-app payment system of 30% — which is contractually prohibited. Google also removed Fortnite from its store.
Sweeney believes that the requirement violated antitrust laws because it forced developers to use Apple and Google’s payment systems. Epic then filed lawsuits against both tech companies after the store removals, arguing that the courts should intervene and order Apple and Google to allow developers to sell in-app purchases without the 30% revenue cut.

The Apple versus Epic Games trial could begin as early as May 3, according to court documents.

— CNN’s Brian Fung and Shannon Liao contributed to this report.

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Powell to Testify as Focus on Economic Pain Persists: Live Updates

Credit…Al Drago for The New York Times

After it rocketed higher last year, the United States’ official unemployment rate has fallen to 6.3 percent. But top economic officials are increasingly citing a different figure, one that puts the jobless rate at a far higher 10 percent.

The higher figure includes people who have stopped looking for work, and the disparity between the official rate and the expanded statistic underlines the unusual nature of the pandemic shock and reinforces the idea that the economy remains far from a full recovery.

The reality that labor market weakness lingers, a year into the pandemic, could come up again as Jerome H. Powell, the Federal Reserve chair, testifies before Congress starting on Tuesday. Mr. Powell is set to speak before the Senate Banking Committee at 10 a.m. Tuesday, then before the House Financial Services Committee on Wednesday.

The Bureau of Labor Statistics tallies how many Americans are looking for work or are on temporary layoff midway through each month. That number, taken as a share of the civilian labor force, is reported as the official unemployment rate.

But economists have long worried that by relying on the headline rate, they ignore people they shouldn’t, including would-be employees who are not actively applying for jobs because they are discouraged or because they are waiting for the right opportunity.

Now, key policymakers are all but ditching the headline statistic, rather than just playing down its comprehensiveness. In an alternate unemployment figure, they’re adding back people who have left the job market since last February, along with those who are misclassified in the official report.

“We have an unemployment rate that, if properly measured in some sense, is really close to 10 percent,” Treasury Secretary Janet L. Yellen said on CNBC last week. And a week earlier, Mr. Powell cited a similar figure in a speech about lingering labor market damage.

“Published unemployment rates during Covid have dramatically understated the deterioration in the labor market,” Mr. Powell said recently. People dropped out of jobs rapidly when the economy closed, and with many restaurants, bars and hotels shut, there is nowhere for many workers who are trained in service work to apply.

Mr. Powell will be testifying as Democrats look to pass $1.9 trillion in new economic relief, an effort that has raised concerns in some quarters about the potential for higher inflation. Mr. Powell has said he and his colleagues do not expect inflation to move much higher persistently, and has typically pushed for additional government support to help the economy through the pandemic.

Rates on longer-term government bonds — which serve as benchmarks for things as varied as mortgages and credit-card debt — have been grinding higher and investors will also be watching carefully for any hints at how the Fed is interpreting that increase.

Credit…Eve Edelheit for The New York Times

The S&P 500 was set for a fourth straight of day losses on Tuesday. Stock futures indicated the index would fall 0.8 percent when the market opens, following European stock markets lower. Tech stocks have suffered some of the heaviest losses, and futures of the Nasdaq, a tech-heavy index, dropped 1.4 percent.

Stocks have dropped recently as a rise in U.S. inflation expectations and bond yields has raised concerns that the Federal Reserve will tighten its monetary policy sooner than expected, upending the easy-money policies that have helped bolster stocks during the pandemic.

The central bank’s policymakers have said they would look past a short-term rise inflation and keep supporting the economy, but investors will be listening for more details when Jerome H. Powell, the central bank chair, testifies before the Senate Banking Committee later on Tuesday and the House on Wednesday.

The official unemployment rate in the United States has fallen to 6.3 percent, but top economic officials are increasingly citing a figure that puts the jobless rate at 10 percent. The disparity reinforces the idea that the economy remains far from a full recovery.

  • Premarket trading indicates that tech stocks will continue their decline. On Monday, the information technology sector of the S&P 500, which includes Apple and Microsoft, dropped 2.3 percent, leading losses in the overall index. And the Nasdaq fell 2.8 percent.

  • Tesla shares dropped nearly 9 percent in premarket trading on Tuesday, after falling about 9 percent on Monday as Bitcoin prices also tumbled. Over the weekend, Elon Musk tweeted that prices of Bitcoin and Ether, the two largest cryptocurrencies, “do seem high.” A few weeks ago, the electric carmaker said it bought $1.5 billion in Bitcoin, sending prices of both soaring.

  • The Stoxx 600 Europe fell 1 percent, with tech stocks dropping the most.

  • The unemployment rate in Britain rose to 5.1 percent for the three months ending in December, 1.4 percentage points higher than it was a year earlier, official statistics showed on Tuesday. Job losses have fallen particularly hard on young people: The number of employees on company payrolls has declined by 726,000 in the past year, nearly three-fifths of these workers were under 25.

  • HSBC shares fell 1.8 percent in London after Europe’s largest bank said its pretax profit dropped 34 percent last year. It also announced plans to increase investments in Asia as it was “moving the heart of the business” there, including relocating some senior executives. The bank also said it would start paying dividends again.

Macy’s, the department store company that also owns Bloomingdale’s and Bluemercury, said on Tuesday that its net sales in 2020 tumbled 29 percent to $17.3 billion, highlighting the toll that the pandemic has taken on mall chains and apparel stores.

The retailer, which is based in New York, swung to a net loss of $3.9 billion for the year that ended Jan. 31, from a $564 million profit the prior year. But the company said it “anticipates 2021 as a recovery and rebuilding year,” particularly after a better than expected fourth quarter and holiday selling season, which was profitable even as sales dropped by 19 percent.

With its hundreds of stores, Macy’s is often viewed as a barometer for the health of department stores, malls and American consumers. Even before the pandemic hit, Macy’s was under strain. Last February, the company said that it planned to close about 125 of its least productive stores over three years and cut about 2,000 corporate and support function positions. Sales in 2019 had fallen to $24.6 billion from $25 billion a year earlier, though it was profitable at the time.

Credit…Brendan Mcdermid/Reuters

Less than a year after the pandemic thwarted an effort to sell Victoria’s Secret to the investment firm Sycamore Partners, the lingerie chain’s owner, L Brands, will again test private equity’s appetite for the business, according to the DealBook newsletter.

L Brands’ bankers at Goldman Sachs will begin formally pitching buyout firms about a potential takeover as soon as this week. L Brands said this month that it was weighing a sale or spinoff of Victoria’s Secret by August, as it focuses on its faster-growing Bath & Body Works division.

Victoria’s Secret had “substantially increased its valuation” and that L Brands was still evaluating all options for the business, Stuart Burgdoerfer, the chief financial officer of L Brands, said in a statement.

Victoria’s Secret has embarked on a turnaround effort since the Sycamore sale collapsed. A priority has been overhauling its brand, as younger customers shunned its overtly sexy products for alternatives focused on comfort and criticized its marketing as exclusionary.

Victoria’s Secret has overhauled its marketing, introducing a campaign last year that featured transgender, plus-size and older models. It is bringing back its much beloved swimwear brands to select stores.

The company has also changed up its management after former top executives were accused of misogyny and sexual harassment. New hires have included Martha Pease as chief marketing officer and Patti Cazzato as head of merchandising.

The lingerie market is in demand. A recent investment valued Rihanna’s Savage x Fenty brand at $1 billion, for example. For prospective buyers, Victoria’s Secret remains a well-known label with a sizable market share.

Still, potential acquirers may have one lingering concern: the continuing investigations and shareholder lawsuits about the ties between L Brands’ chairman, Les Wexner, and Jeffrey Epstein.

Sapna Maheshwari contributed reporting.

On the second day of the DealBook DC Policy Project, we will hear from more policymakers and business leaders about the challenges for the coronavirus vaccine rollout, the future of financial regulation and the outlook for bipartisanship in polarized times.

Here is the lineup (all times Eastern):

12:30 P.M. – 1 P.M.

Karen Lynch took over CVS Health this month as the pharmacy chain takes center stage in efforts to fight the pandemic. It is working with the government to distribute the coronavirus vaccine in its stores, as well as in nursing homes and assisted-living facilities. To aid in those efforts, the company hired 15,000 employees at the end of last year, staffing up to deal with what President Biden has called “gigantic” logistical hurdles to the vaccine rollout.

2:30 P.M. – 3 P.M.

At the center of the recent meme-stock frenzy was the online brokerage firm Robinhood, which has attracted millions of users with commission-free trades but drew outrage among its users when it halted trading in GameStop and other stocks at the height of the mania.

Vlad Tenev, Robinhood’s chief executive, is fresh from facing hours of hostile questioning at a congressional hearing last week about his company’s business practices. Joining him to discuss what regulators should now do — if anything — is Jay Clayton, the veteran Wall Street lawyer who led the Securities and Exchange Commission during the Trump administration. From the beginning of his tenure, Mr. Clayton said that his mission was protecting “the long-term interests of the Main Street investor.”

5:30 P.M. – 6 P.M.

Senator Mitt Romney, Republican of Utah, crossed party lines to vote to convict President Donald J. Trump on articles of impeachment, twice. He is also drafting a bill with Senator Tom Cotton, Republican of Arkansas, that would raise the minimum wage while forbidding businesses to hire undocumented immigrants. This is typical of Mr. Romney’s approach, speaking to concerns on both sides of the aisle in an era of stark partisan divisions.

Credit…Jerome Favre/EPA, via Shutterstock

HSBC is deepening its focus on Asia as it looks to unload some of its troubled Western operations, the bank said on Tuesday.

Noel Quinn, the chief executive, said the bank would invest $6 billion to expand its wealth management and wholesale banking business in Hong Kong, China and Singapore over the next five years. He also said he was considering relocating some of the bank’s top executives to Hong Kong because it would be “important to be closer to growth opportunities.”

Underscoring the turn toward Asia, the bank, which is based in London, also said it was considering the sale of its U.S. retail banking network and was in talks with potential buyers for its French consumer banking unit.

HSBC, which derives more than half of its revenue from China, has come under increasing political pressure from China and Britain over its business operations in Hong Kong, the former British colony. Pro-Beijing lawmakers in the city have publicly pressured it to embrace the Communist Party’s firmer grip on Hong Kong. When some executives have pledged support to Beijing, British members of Parliament have hammered the bank.

The political focus on HSBC is unlikely to ease and any future public statement about plans to move top executives to Hong Kong could prompt further criticism from British lawmakers.

“We haven’t firmed up our plans yet,” Mr. Quinn said on a call with reporters. “But the majority of executives will remain in London.”

HSBC, which reported its profit before tax in 2020 fell by 34 percent to $8.8 billion compared with a year earlier, blamed the pandemic for its financial performance.

Credit…Richa Naidu/Reuters

The company that makes the aluminum cans used by LaCroix, White Claw and other beverage giants is spinning off that business in a deal that values the new company at $8.5 billion, the company announced Tuesday.

The deal by the Ardagh Group, which is based in Luxembourg, would be in the form of a merger with a special-purpose acquisition vehicle, or SPAC, backed by an affiliate of the Gores Group, a private equity firm based in California.

It is a bet on the continued growth of the can business, as companies increasingly weigh the environmental consequences of their products. Nestlé announced the sale of its water business for $4.3 billion this month, in part a move to shift away from water packaged in plastic. Aluminum cans are far easier to recycle than plastic bottles.

Ardagh will retain a roughly 80 percent stake in the company after the deal. Investors are contributing a $600 million private placement, while Gores is putting in $525 million in cash. The new company, Ardagh Metal Packaging, will issue $2.65 billion of new debt. Those proceeds will go to Ardagh.

The deal, involving an already-public company carving off a unit with the backing of a SPAC, is the latest twist on a SPAC transaction. The Gores Group’s experience in SPACs was part of its appeal to Ardagh as a buyer, said Ardagh’s chair, Paul Coulson.

The Gores SPAC, named Gores Holdings V, is the seventh such deal the group has done. “You don’t really want to be going to a surgeon and have him perform his first surgery,” Mr. Coulson said.

Ardagh generates more half its roughly $7 billion in annual sales from making cans for beverage companies. This past year, sales by the unit grew 2 percent, fueled by beverage sales and environmental awareness, while earnings before interest tax depreciation and amortization grew 8 percent. Ardagh will keep its glass packaging business.

For beverage companies, cans have become an increasingly important tool for branding, providing colorful and sleek packaging.

When Ardagh acquired its canning operation in 2016 for $3 billion, it did most of its business with legacy brands like large soda and beer companies. It has since worked with younger and faster-growing seltzer-based brands like White Claw, LaCroix and Truly Hard Seltzer to help charge its growth. To prepare for further expected expansion in the United States, it bought a factory in Huron, Ohio.

Globally, the company is considering growth in Europe and Brazil, where beer sales remain strong as consumers are increasingly shifting from tap to cans.

Credit…Anastasiia Sapon for The New York Times

Nearly a month into the second run of the Paycheck Protection Program, $126 billion in emergency aid has been distributed by banks, which make the government-backed loans, to nearly 1.7 million small businesses.

But a thicket of errors and technology glitches has slowed the relief effort and vexed borrowers and lenders alike, Stacy Cowley reports for The New York Times.

Some are run-of-the-mill challenges magnified by the immense demand for loans, which has overwhelmed customer service representatives. But many stem from new data checks added by the Small Business Administration to combat fraud and eliminate unqualified applicants.

Instead of approving applications from banks immediately, the S.B.A. has held them for a day or two to verify some of the information. That has caused — or exposed — a cascade of problems. Formatting applications in ways that will pass the agency’s automated vetting has been a challenge for some lenders, and many have had to revise their technology systems almost daily to keep up with adjustments to the agency’s system. False red flags, which can require time-consuming human intervention to fix, remain a persistent problem.

Numerated, a technology company that processes loans for more than 100 lenders, still has around 10 percent of its applications snarled in error codes, down from a peak of more than 25 percent, said Dan O’Malley, the company’s chief executive.

Nearly 5 percent of the 5.2 million loans made last year had “anomalies,” the agency revealed last month, ranging from minor mistakes like typos to major ones like ineligibility. Even tiny mistakes can spiral into bureaucratic disasters.

Credit…Leah Millis/Reuters

Wally Adeyemo, President Biden’s nominee for deputy Treasury Secretary, plans to emphasize the importance of rebuilding the United States’ alliances to combat China’s unfair trade practices and halt foreign interference in the country’s democratic institutions at his confirmation hearing on Tuesday, according to a copy of his prepared remarks, which were reviewed by The New York Times.

His remarks highlight the importance that the Biden administration is placing on multilateralism as it seeks to undo many of the economic policies put in place by former President Donald J. Trump.

Mr. Adeyemo will tell members of the Senate Finance Committee that Treasury Secretary Janet L. Yellen has asked him to focus on national security matters at the department. If confirmed, he will be a pivotal player in the country’s economic diplomacy efforts.

“We must reclaim America’s credibility as a global leader, advocating for economic fairness and democratic values,” Mr. Adeyemo will say.

Mr. Adeyemo is expected to be introduced at the hearing by Senator Elizabeth Warren, the progressive Democrat from Massachusetts. Ms. Warren, who established the Consumer Financial Protection Bureau before joining the Senate, worked with Mr. Adeyemo, who served as her first chief of staff.

Mr. Adeyemo will discuss the nexus between economic and national security, arguing that “Made in America” policies will make the country more competitive around the world. If confirmed, he is expected to conduct a broad review of Treasury’s sanctions program, which the Trump administration used aggressively, but often haphazardly, against Iran, North Korea, Venezuela and other countries.

“Treasury’s tools must play a role in responding to authoritarian governments that seek to subvert our democratic institutions; combating unfair economic practices in China and elsewhere; and detecting and eliminating terrorist organizations that seek to do us harm,” Mr. Adeyemo, a former Obama administration official, will say.

Born in Nigeria, Mr. Adeyemo emigrated with his parents to the United States when he was a baby and settled in Southern California outside Los Angeles. At the hearing, he will also talk about his working-class upbringing and the need to ensure that low-income communities and communities of color, which have been hit hardest by the pandemic, receive relief.

Credit…Kate Munsch/Reuters

Adam Neumann, the flamboyant co-founder of WeWork, and SoftBank, the Japanese conglomerate that rescued the co-working company in 2019, have in recent weeks made significant headway toward settling their drawn-out legal dispute, according to two people with knowledge of the matter. That battle has stalled SoftBank’s efforts to take WeWork public.

As part of its multibillion-dollar bailout of WeWork, SoftBank offered to pay $3 billion for stock owned by Mr. Neumann and other shareholders. Several months later, after the coronavirus pandemic had emptied WeWork’s locations, SoftBank withdrew the offer. Mr. Neumann then sued SoftBank for breach of contract.

SoftBank was already a big investor in WeWork when it withdrew plans for an initial public offering in 2019. Now, SoftBank has plans to combine WeWork with a publicly traded special-purpose acquisition company, a type of deal that has recently become a popular way of quickly bringing private companies public. The legal dispute between Mr. Neumann and SoftBank is a threat to such a deal because it leaves unresolved the question of how much control SoftBank has over WeWork.

The settlement talks, which were reported earlier by The Wall Street Journal, could still fall apart, the two people said. Under the terms being discussed, SoftBank would buy half the number of shares that it had originally agreed to, one of the people said. As a result, it would pay $1.5 billion, not $3 billion. Mr. Neumann would get nearly $500 million instead of almost $1 billion, but he would retain more of his shares.

Under Mr. Neumann, WeWork grew at a breakneck pace and was using up so much cash that it was close to bankruptcy before SoftBank stepped in. Under the management team SoftBank installed, WeWork has tried to cut costs by slowing its growth and negotiating deals with the landlords it rents space from.

Credit…Angela Weiss/Agence France-Presse — Getty Images

Movie theaters in New York City will be permitted to open for the first time in nearly a year on March 5, Gov. Andrew M. Cuomo announced at a news conference on Monday.

The theaters will only be permitted to operate at 25 percent of their maximum capacity, with no more than 50 people per screening. Masks will be mandatory, and theaters must assign seating to patrons to guarantee proper social distancing. Tests for the virus will not be required.

Movie theaters were permitted to open with similar limits in the rest of the state in late October, but New York City was excluded out of concern that the city’s density would hasten the spread of the virus there.

The virus has battered the movie theater industry. In October, the owner of Regal Cinemas, the second-largest cinema chain in the United States, temporarily closed its theaters as Hollywood studios kept postponing releases and cautious audiences were hesitant to return to screenings. AMC Entertainment, the world’s largest movie theater chain, has increasingly edged toward bankruptcy.

The economic effects of the pandemic have been particularly felt in New York City, one of the biggest movie markets in the United States. Theaters in the city closed in mid-March, as the region was becoming an epicenter of the pandemic in the country.

While other indoor businesses, including restaurants, bowling alleys and museums, had been allowed to open in the city, Mr. Cuomo had kept movie theaters closed out of concern that people would be sitting indoors in poorly ventilated theaters for hours, risking the further spread of the virus.

Theaters that open will be required to have enhanced air filtration systems. Public health experts say when considering indoor gatherings, the quality of ventilation is key because the virus is known to spread more easily indoors.

Mr. Cuomo’s announcement was applauded by the National Association of Theater Owners.

“New York City is a major market for moviegoing in the U.S.; reopening there gives confidence to film distributors in setting and holding their theatrical release dates, and is an important step in the recovery of the entire industry,” the association said in a statement.

In a statement, AMC’s chief executive, Adam Aron, said the company would open all 13 of its New York City theaters on March 5.

The move came just days after Mr. Cuomo said that indoor family entertainment centers and places of amusement could reopen statewide, at 25 percent maximum capacity, on March 26. Outdoor amusement parks will be allowed to open with a 33 percent capacity limit in April.

The governor also said that the state was working on guidelines to allow pool and billiards halls to reopen after the state lost a lawsuit from pool hall operators. Those establishments will be allowed to reopen at 50 percent capacity with masks required, he said.

Cases in New York remain high despite climbing down from their January peak. Over the last seven days, the state averaged 38 cases per 100,000 residents each day, as of Sunday. That is the second-highest rate per capita of new cases in the last week in the country, after South Carolina.

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Roaring Kitty to testify on GameStop alongside hedge fund managers

The YouTube streamer known as Roaring Kitty, who helped drive a surge of interest in GameStop Corp, will testify before a House panel on Thursday alongside top hedge fund managers.

The House Financial Services Committee is examining how an apparent flood of retail trading drove GameStop and other shares to extreme highs, squeezing hedge funds like Melvin Capital that had bet against it.

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The witness list was announced on Friday by Congresswoman Maxine Waters and includes Keith Gill, who also goes by Roaring Kitty, Robinhood chief executive Vlad  Tenev, Citadel chief executive Kenneth Griffin, Melvin chief executive Gabriel  Plotkin and Reddit chief executive Steve Huffman.

Ticker Security Last Change Change %
GME GAMESTOP CORP 52.40 +1.30 +2.54%

The virtual hearing, entitled “Game Stopped? Who Wins and Loses When Short Sellers, Social Media, and Retail Investors Collide,” will take place on Feb. 18 at 1200 ET (1700 GMT), according to the press release and will be livestreamed here https://financialservices.house.gov/live. Waters, a Democrat, is Chair of the House Committee on Financial Services.

DOJ SUBPOENAS ROBINHOOD, OTHERS IN GAMESTOP PROBE: REPORT

Robinhood, Reddit, Melvin and Citadel have been at the center of the GameStop saga, which saw retail traders promote GameStop on the Reddit forum WallStreetBets. Robinhood emerged as a popular venue to trade the stocks but was criticized for temporarily restricting trading in the hot stock.

WARREN RIPS SEC AMID GAMESTOP SURGE, PUSHES FOR STRICTER WALL STREET REGULATION

The GameStop surge resulted in massive losses for Melvin, after the hedge fund bet the retailer’s stock price would tumble. Citadel’s hedge funds, along with founder Griffin and firm partners, put $2 billion into Melvin.

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Democrats and Republicans are united in their outrage by Robinhood’s decision to suspend trading in the so-called “meme stocks” on Jan. 28. Tenev said the company had to impose the restrictions after wild trading in the stocks triggered a $3 billion margin call by Robinhood’s clearing house, straining the company’s balance sheet.

Massachusetts securities regulators have also issued a subpoena seeking Gill’s testimony.

(Reporting by Michelle Price, additional reporting by Svea Herbst-Bayliss; writing by Megan Davies; Editing by Sonya Hepinstall)

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Trump will not testify or provide any statement at impeachment trial, lawyer says

Former President Donald Trump will not testify in his impeachment trial in the Senate next week and will not submit a written statement, his attorney said Thursday after Democrats requested he appear.

A written statement was something that had been under consideration by Trump’s former legal team.

Lead impeachment manager, Rep. Jamie Raskin, D-Md., earlier Thursday requested that Trump testify under oath.

Bruce Castor, who is part of the team representing Trump in his impeachment trial, said “no” when asked by NBC News if Trump would testify. “It’s a publicity stunt in order to make up for the weakness of the House managers’ case,” Castor said

Raskin responded that any official accused of inciting violence against the government should welcome the chance to testify. “His immediate refusal to testify speaks volumes and plainly establishes an adverse inference supporting his guilt,” Raskin said.

Trump was impeached by the House of Representatives on Jan. 13 on an article charging him with “incitement of insurrection” for his role in the violent riot by a pro-Trump mob at the U.S. Capitol earlier that month.

Bruce Castor heads back into courtroom A after a break in a pre-trail hearing for entertainer Bill Cosby, in Norristown, Pa., on Feb. 2, 2016.Clem Murray / Pool/The Philadelphia Inquirer via AP file

The crux of Trump’s defense will focus on the argument that impeaching him after he’s left office is unconstitutional — something that is in dispute.

“If you take the House’s position to its logical conclusion, they could impeach Donald Trump and convict him if he was dead,” Castor said. “And that would be a ridiculous result. They could impeach Abraham Lincoln.”

Democratic House impeachment managers say Trump’s actions warrant his disqualification from federal office. They also argue that nothing in the Constitution says only current officials can be tried.

They wrote in a brief that the Constitution “clearly intended for the impeachment process to reach former officials,” adding that the Senate found it had the power to try former officials as far back as 1798, in the case of former Sen. William Blount.

In 1876, Congress impeached and then tried Ulysses S. Grant’s secretary of war — William Belknap — who had resigned after he discovered he was about to be impeached. He was tried anyway, but was acquitted after the Senate reached a majority but failed to reach the two-thirds threshold needed.

Trump’s impeachment is the first time a president has been impeached twice. The Senate trial is expected to begin Tuesday.

Earlier this week, attorneys for Trump filed briefs in the impeachment proceedings that called the trial partisan and unconstitutional. His lawyers have urged a quick dismissal.

On Thursday Raskin had requested that Trump testify at the trial. “In light of your disputing these factual allegations, I write to invite you to provide testimony under oath,” Raskin wrote in a letter to Trump.

Raskin in his letter noted that former Presidents Gerald Ford and Bill Clinton “both provided testimony while in office” and cited a 2020 Supreme Court ruling that found that a president is not immune from criminal prosecution.

“So there is no doubt that you can testify in these proceedings,” Raskin wrote.

The impeachment article charges Trump with “incitement of insurrection” for his role in the violent riot by a pro-Trump mob in the U.S. Capitol that left several people dead and terrorized lawmakers as they sought to affirm President Joe Biden’s victory.

The article also cites Trump’s Jan. 2 phone call urging Georgia Secretary of State Brad Raffensperger to “find” enough votes to overturn the state’s election results as part of his effort “to subvert and obstruct the certification of the results of the 2020 presidential election.”

The Democratic-controlled House approved the article on a 232-197 vote; 10 Republicans sided against Trump. It was the most bipartisan vote on a presidential impeachment in history, doubling the five Democrats who voted to impeach Clinton in 1998.

Castor said that Trump’s claims of voter fraud — which have never been substantiated and have been called baseless — won’t be part of the defense.

“We are not planning on going down that road, and I don’t see any reason to,” he said. “As far as I can tell the case is a winner. And I’m not going to inject the problem into the case. That’s injecting a problem into the case.”

And Biden’s plans during the impeachment trial are to proceed with their work as if it’s not taking place, according to White House officials.

Aides are crafting a busy schedule for the president focused on the coronavirus pandemic and the economy, and meetings with state and local officials — all aimed at showing he’s on the job and undistracted by the impeachment of his predecessor, officials said.

One official said that from the White House’s perspective, the impeachment trial can’t end — and Congress can’t move on — soon enough.

The request for Trump to testify in the Senate trial was met with some consternation. Sen. Joe Manchin, D-W.Va., said it would be a “dog and pony show,” and Sen. Chris Coons, D-Del., a close ally of Biden’s, called it “a terrible idea.”

Asked why it would be a terrible idea, Coons responded by asking, “Have you met President Trump?”

Castor, a former district attorney in Pennsylvania, said that he expects the trial to end either Friday or Sunday.

Castor noted the other lawyer on Trump’s legal team, David Schoen, cannot work on Saturday because of his Jewish faith.

The Senate impeachment rules dictate that the trial goes from Monday to Saturday, with no trial on Sundays. Changing that would need to be done through an agreement amongst Senators, who are able to change anything about the trial with all 100 senators in agreement.

Castor said Schoen will make the opening argument on behalf of the former president, while a yet-to-be-named lawyer will likely handle the middle portion of the trial, and Castor expects to deliver the team’s closing argument.

Asked if there will be any surprises in the trial, Castor said: “It will be exciting.”

Elyse Perlmutter-Gumbiner and Phil Helsel contributed.



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Democrats ask Trump to testify under oath in Senate trial

WASHINGTON (AP) — House Democrats on Thursday asked Donald Trump to testify under oath for his Senate impeachment trial, challenging the former president to explain why he and his lawyers have disputed key factual allegations at the center of the case.

The request from House impeachment managers does not require Trump to appear — though the Senate could later subpoena him — but it does warn that any refusal to testify could be used at trial to support arguments for a conviction. Even if Trump never testifies, the request nonetheless makes clear Democrats’ determination to present an aggressive case against him even though he has left the White House, and it challenges him to personally explain the words of his attorneys.

A Trump adviser did not immediately return a message seeking comment about the managers’ letter.

The Senate impeachment trial starts Feb. 9. Trump is charged with inciting a mob of his supporters that stormed the Capitol on Jan. 6. Democrats have said a trial is necessary to provide a final measure of accountability. They are also aiming to disqualify him from ever seeking office again.

In the letter, Democratic Rep. Jamie Raskin, one of the impeachment managers, asked that Trump provide testimony “either before or during the Senate impeachment trial,” and under cross- examination, about his conduct on Jan. 6, as early as Monday, Feb. 8, and not later than Thursday, Feb. 11.

The request from Raskin cites the words of Trump’s own attorneys, who in a legal brief earlier this week not only denied that Trump had incited the riot but also asserted that he had “performed admirably in his role as president, at all times doing what he thought was in the best interests of the American people.”

With that argument, Raskin said, Trump had questioned critical facts in the case “notwithstanding the clear and overwhelming evidence of your constitutional offense.”

“In light of your disputing these factual allegations, I write to invite you to provide testimony under oath, either before or during the Senate impeachment trial, concerning your conduct on January 6, 2021,” Raskin wrote.

Raskin wrote that if Trump refuses to testify, the managers will use his refusal against him in the trial — a similar argument put forth by House Democrats in last year’s impeachment trial, when many Trump officials ignored subpoenas.

“Indeed, whereas a sitting president might raise concerns about distraction from their official duties, that concern is obviously inapplicable here,” Raskin wrote.

Trump can decline the request to testify, and the impeachment managers do not have the authority to subpoena witnesses now since the House has already voted to impeach him. The Senate could vote to subpoena him, or any other witnesses, on a simple majority vote.

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