Land Swapping

President Donald Trump (R) is upset with Ukraine President Volodymyr Zelenskyy over the latter’s pointing out that he cannot, under the Ukrainian constitution, agree to any land swap with Russia, as a condition to a ceasefire or for any other reason.

On this matter, though, Trump is badly mistaken on two grounds. The first is that Zelenskyy must follow his nation’s most basic law (as well as all of its legislatively generated laws), and that forbids him from agreeing any land swap.

The other ground is at least as big an obstacle. Russia is not offering any land to swap for Ukrainian land. The barbarian is only offering—and only may be offering here—to swap some barbarian occupied land in return for being allowed to retain other barbarian occupied land. This is akin to the burglar offering to return some of the jewelry and other valuables he stole if, in return, he’s allowed to keep the rest of the jewelry and valuables he stole.

Trump should know better than this.

He’s anxious to force this deal, though, because he’s chary of all the killing that’s going on in the barbarian’s war, and he wants it to stop. Trump needs, however, to recognize that he’s dealing with a barbarian chieftain, not a civilized leader of a civilized polity. The killing won’t stop in the wake of this sort of sham deal.

The fastest way—if only because it’s the only way—for the killing to stop is for Ukraine to win this war outright and decisively, the only way that can happen is for Ukraine to succeed in driving the barbarian wholly and completely back out of Ukraine, and the only way that can happen—and it’s virtually guaranteed to happen if this criterion is met—is for the US, which is to say Trump, to stop slow-walking and instead to transfer arms and logistics of the kind the Ukrainian military say they need, in the amounts and at the pace they need them and without limits on targeting, to Ukraine. Additionally, Europe (with or without pressure from Trump to do so) needs to execute the same arms and logistics support.

The faster Ukraine wins this war, the faster the killing about which Trump is so worried will end.

Juicing 401(k)s

President Donald Trump (R) is loosening the restrictions on what 401(k)s are allowed to contain in their investment options. His EO has directed the Labor Department, which oversees the rules governing business’ 401(k) offerings, to consider additional, non-traditional investment vehicles, things like private equity, real estate, and digital assets such as bitcoin.

Hal Scott and John Gulliver, Committee on Capital Markets Regulation President and Executive Director, respectively, argue in favor of this move on the grounds that

investment opportunities in public markets are shrinking. In 1996 there were roughly 8,000 public companies, but that number has since declined by half. Why? Because public companies are subject to increasingly burdensome disclosure obligations, compliance costs, and litigation risk, while private companies aren’t.

They’re right in the sense that overregulation by an ever more intrusive government keeps tying increasing numbers of hobbles onto our investment opportunities, and they need to be rolled back. They’re right, also, in that Trump’s EO moves to sidestep some of those regulations; although workarounds always are suboptimal. Better to eliminate the hobbles.

I say they’re right, though, on an additional ground: more opportunities for and flexibilities in investment are intrinsically good and should occupy a central place in a free market economy.

However.

These added opportunities bring with them added, and harder to measure or even to estimate, risks inherent in those opportunities, especially for retail investors. These things also are not as liquid as the more traditional 401(k) investment vehicles, and that carries its own added risk. Then, too, some of those vehicles carry added tax complexities. See Master Limited Partnerships and Real Estate Investment Trusts, for instance.

None of that is an argument for not getting into these investment vehicles, nor is any of it an argument for a nanny state to “look out for us little guys” by telling us we can’t use them. It is an argument for added caution and more careful vetting—especially by us unwashed retailers—of those opportunities before jumping onto them with both feet and our elbows, too.