14 March 2019 Chief Investment Office GWM POTUS 45 Investment Research Investment implications of political investigations

Is the Mueller report a market risk?

This report has been prepared by UBS Financial Services Inc. Please see important disclaimer on page 8. Before and after the Mueller report

There has been increased speculation in recent weeks that Special Counsel ’s team is close to presenting its final report to Attorney General William Barr. It’s not clear at this time what Attorney General Barr will do with the report and to what extent he may make it, or parts of it, public. It is clear, however, that both parties’ political “spin teams” will be activated in full force and commenting to the media, resulting in ramped-up pressure on the Attorney General to share at least parts of the report with the public and Congress.

Mike Ryan, CFA In parallel with the impending Mueller report, Chief Investment Officer various House committees are initiating their POTUS 45 Americas, Global Wealth own investigations into President Trump, his The acronym POTUS Management finances, his business, his family, and his adminis- (President of the United tration’s activities, among other things. Some in- States) came into use vestigations may relate to issues addressed in the during the late 1800s by Mueller report, while others will likely focus on telegraph operators and is now commonly used unrelated matters. The two developments—the in media. Mueller report and the separate House commit- is the 45th POTUS. Justin Waring tee investigations—have fueled speculation that Investment Strategist the House may initiate impeachment proceed- Americas, CIO Global Wealth ings if evidence of serious wrongdoing is found Management through these exercises. The Mueller report To help provide some context alongside the Robert Mueller III was speculation, we want to address two key ques- appointed as Special tions. First, what is the likely political fallout of Counsel for the United the Mueller report and the House investigations? States Department of Second, what—if any—market impact are we Justice, tasked with likely to see under different scenarios? investigating: any links and/or coordination be- But first, a word of caution is in order. tween the Russian gov- ernment and individuals Special thanks associated with the We’d like to thank John Savercool, Head of the UBS Research has shown that political biases can campaign of President US Office of Public Policy, andShane Lieberman, significantly hamper investors’ ability to make Donald Trump and any Federal Affairs Manager, UBS US Office of Public Policy, prudent investment decisions. This can be par- matters that arose or for their contributions and consultation on this report. ticularly damaging when investors allow political may arise directly from disappointment or exuberance to shape their the investigation. The investment decisions. As we’ve learned from “Mueller report” refers our Political Flux Simulator, political and geopo- to a summary of this litical events—even the ones that have shaped investigation’s findings, history—have rarely overridden the economic which will be present- and financial drivers of market returns. As a ed to the US Attorney General, William Barr, result, we recommend against making any major upon its conclusion. investment decisions based on political forecasts or beliefs alone.

So, keeping all of this in mind, we explore both the likelihood and impact of a potential presiden- tial impeachment.

POTUS 45 | Is the Mueller report a market risk? 2 Is impeachment likely?

Political prediction sites have put the probability of President Trump completing his first term at 74%. John Savercool, Head of the UBS US Office of Public Policy, believes that impeachment probabilities depend almost entirely on whether the Mueller report or the House committee investigations produce sufficient evidence that convinces a clear majority of House Democrats (the majority in the House) that they should follow this course of action. Despite assurances to the contrary by House Speaker Nancy Pelosi (D-CA), Savercool believes that most Democrats in Congress would eventually be open to pursing impeachment proceedings but feel they need a stronger basis for doing so than exists now.

The Mueller report will likely be finalized before Speaker Pelosi noted on 11 March that she did the House committees get detailed in their not favor impeachment at this time. But her various investigations. Enough of the report will position could change as she receives infor- likely be made public for House members to mation from the Mueller report and/or the know if it contains either insufficient or damag- House committee investigations. The Speaker’s ing charges against the position largely represents a majority of House President. The com- Democrats, which underscores the importance On its own, impeachment is likely mittee investigations, of both the Mueller work and the commit- which are now begin- tee investigations. Their substance—or lack to become a significant factor in the ning in the House, are thereof—will determine whether impeachment 2020 election...but it’s unlikely to expected to last several proceedings will advance in the House. months. The hearings directly change much else. will produce different On its own, impeachment is likely to become a results—some just polit- significant factor in the 2020 election and would ical theater and some possibly more substantive. almost certainly increase partisan gridlock and Whether they uncover any charges or evidence the associated risks of government shutdowns of wrongdoing by President Trump is critical to and other brinksmanship-related tactics. But it’s the question of whether impeachment proceed- unlikely to directly change much else. ings will move forward. Keep in mind that only two sitting presidents— If House Democrats decide to advance impeach- Andrew Johnson in 1868, and in ment, they would introduce Articles of Impeach- 1998—ever were impeached ( ment before the House Judiciary Committee, voluntarily resigned from office—see box on where hearings and a vote would be held. the following page) but neither ultimately was Democrats control that committee by a 24-17 removed from office. That’s because the House margin. If approved, the measure would then go vote on impeachment must be followed with a to the full House, where Democrats hold a 235- Senate vote to convict the president and thus 197 majority. Approval of impeachment proceed- remove him from office. ings requires only a simple majority vote, so no Republican votes would be needed to pass it.

POTUS 45 | Is the Mueller report a market risk? 3 The Senate vote to convict requires a two-thirds supermajority (67 votes) in the Senate, which Nixon resignation would be difficult with any bill. With the Senate currently split 53-47 in favor of the GOP, Demo- Although there is no precedent for a sitting president being crats would need to find 20 Republicans willing removed from office through impeachment proceedings, there to cross the aisle for the vote, assuming that was one instance where a president voluntarily resigned from every Senate Democrat voted for conviction. Ac- office—Richard Nixon. In the aftermath of the Watergate cording to Savercool, this is only likely if investi- investigation, the House Judiciary Committee approved three gations—or the special prosecutor’s report—can articles of impeachment against President Nixon. But before convincingly identify charges that fit one of the the articles could be presented to the full House for a vote, Constitution’s parameters: ‘treason, bribery, or the president instead opted to tender his resignation. It had other high crimes and misdemeanors.’ become increasingly obvious that Nixon would not survive the full impeachment process—and not simply due to the gravity of Senate Republicans are unlikely to convict unless the charges against him. With significant backlash against both there’s clear consensus among the public for the and a deeply unpopular war in Vietnam, such action. Impeachment is more a political pro- even members of his own party indicated their intentions to cess than a legal process. Members of the House vote for both impeachment and removal from office. and Senate are not bound by strict judiciary stan- dards, and they clearly will focus on the broad So how did markets react to the Nixon resignation? political dynamics that surround any charges as well as the president’s standing with the public. Overall, markets traded sharply lower in the period that extend- Keep in mind that Gallup polls give President ed from Nixon’s decision to fire special prosecutor Archibald Trump a 90% approval rating among voters Cox (what later became known as the “Saturday Night Mas- in his party—higher than President Obama’s sacre”) right through to President Ford’s decision to pardon own-party approval rating at this stage in his former President Nixon. But to suggest that this sell-off was en- presidency. This suggests that the prospects for tirely or even mostly a function of the Watergate scandal would an actual removal from office are low. be misleading. Keep in mind that the economy also entered a recession during the fourth quarter of 1973, triggered by a qua- According to Savercool, the dynamics could drupling of crude prices due to an OPEC oil embargo. The result change “if there are truly serious charges of was a surge in inflation, rising interest rates, and record job loss- specific illegal activity against the president or a es. So while the resignation of the president likely contributed family member,” and that this would increase the to the market sell-off back in the mid-1970s, there were other risk that President Trump would resign or decide material geopolitical and macro forces at work as well. not to run for re-election, but he adds “to date we have not seen any evidence that any such charges are forthcoming.”

POTUS 45 | Is the Mueller report a market risk? 4 Limited market risk

Putting aside the likelihood and political implications for a moment, would escalating political tensions represent a material market risk? Let’s look at each potential catalyst in turn.

Release of the Mueller report Senate conviction When Robert Mueller was first appointed as a In the unlikely instance where a Senate conviction Special Counsel in May 2017, the S&P 500 fell ends President Trump’s term early, Vice President 1.8%. This turned out to be the largest one-day Mike Pence would take the reins. This would have drop the index would see all year, but the impact serious implications for the 2020 election that was very short-lived, as stocks rallied back to an are difficult to gauge at this time, but the market all-time high by the following week. impact would likely be more limited. Pence’s record suggests a reliably conservative approach We would not be surprised to see a similar that would continue the current status quo trend short-term market reaction at some point in the of the Trump administration on most issues. aftermath of the report, but its impact would likely be fleeting. Markets might even find a Pence presidency to be a modest positive on issues like trade. During Articles of impeachment Pence’s time in the House, he voted for every The act of impeachment could certainly increase free-trade agreement that came before him, and the risk of extreme gridlock, which could cause it seems that he would be more likely to agree to difficulty if it were to hold up other important a deal with China—and back off of other trade Congressional action (both government funding threats—than the current administration. and a debt ceiling rise must be resolved this Even so, we would certainly expect political dys- Both the legislative and judicial Fall). But aside from function to represent a risk in this scenario. While triggering further dys- incumbency has its advantages, an unelected branches have the ability to place function in , president who assumed the office through either certain checks on the executive it’s not at all clear that impeachment or resignation would have less the act of impeachment of the political capital that normally accrues to branch’s ability to take actions that alone would roil mar- sitting presidents. Bipartisanship—already rare could harm the country’s economy kets. Keep in mind that today—could become critically endangered in the and/or destabilize markets. markets didn’t suffer a aftermath of such a politically charged procedure. material and sustained We believe markets would look past this dysfunc- sell-off as a result of the tion eventually, but some sort of negative market Clinton-era impeachment proceedings; in fact, reaction would be likely in the short term. they continued to grind higher after impeach- ment and right through to the end of Clinton’s second term in office (see page 7).

One risk of course is that a wounded President Trump would become more combative with his adversaries—both at home and abroad—in response to impeachment proceedings. But while the president still retains a great deal of power through his executive authority, both the legislative and judicial branches have the ability to place certain checks on the executive branch’s ability to take actions that could harm the coun- try’s economy and/or destabilize markets.

POTUS 45 | Is the Mueller report a market risk? 5 A note of caution

Historical examples can be helpful in providing some What’s more, the set of circumstances that triggered impeachment in each of the prior context to likely market reactions. However, given the instances were unique. In the case of Andrew small sample size (only two impeachments of sitting Johnson, the impeachment was prompted by presidents in US history), we must also acknowledge the an alleged violation of the Tenure of Office Act when Johnson sought to remove Edwin Stanton risks in drawing any definitive conclusions about how as Secretary of War. Clinton’s impeachment markets would ultimately react. came about by way of the special prosecutor responsible for investigating the Whitewater scandal, while the actual charges involved perju- Keep in mind that the macro and market condi- ry and obstruction of justice. tions that existed in both the 1860s and 1990s differed markedly from the current environment. Since we don’t yet know what—if any—charges In the late 1860s the US was experiencing ex- will be leveled against President Trump, it’s plosive post-Civil War growth, while in the latter difficult to assess exactly how markets may react. part of the 1990s markets were bolstered by So while it remains our view that even a removal both expanding global trade and the dot-com from office would not trigger a sustained and boom. Currently, the economy has now entered material market draw down, the nature of the the late stage of the business cycle and markets charges and breadth of the political fallout could are more fully valued. still promote bouts of short-term volatility.

Conclusion

Knowing what we know today, and taking a cue from historical examples of politically momentous events, we would recommend against trading in anticipation or reaction to any of these political scenarios. While markets are likely to experience bouts of volatility amid political uncertainty, this alone is not enough to trigger a recession or end a bull market. So for those who feel strongly about the politics of this issue, we recommend expressing your political views with a vote instead of a trade.

POTUS 45 | Is the Mueller report a market risk? 6 Presidential precedents

President Andrew Johnson (1868) President Richard Nixon (1973-1974) President Andrew Johnson‘s impeachment in The Watergate scandal and President Nixon’s 1868 was prompted by his decision to dismiss eventual resignation took place over several his Secretary of War over the objection of months. While it’s impossible to disprove cau- Congress. Impeachment proceedings lasted just sality, these events happened to coincide with a three days, and Johnson was acquitted in the series of events that were far more likely to be Senate by just one vote. Indexes such as the responsible for the market’s sell-off during this Dow Jones Industrial Average didn’t exist at period. For example, the Yom Kippur War and the time, and stock market investments were retaliatory oil embargo began in October 1973, only available to an elite few, but there’s little and the US economy entered a recession in evidence that these events coincided with a November 1973. Market participants also faced decline in the stock prices of the railroad or a challenging economic backdrop of high and ris- industrial companies that dominated the stock ing interest rates, runaway inflation, and the loss market at the time. of 2.3 million jobs (a record at the time).

The Watergate scandal overlapped with the 1973 oil crisis and the 1973–1975 recession S&P 500 index level and select political headlines

150 17 May. TheSenate Watergate 140 Committeebegins its nationally 130 televised hearings. 4 March. The “Watergate Seven” are formally indicted. 120 9 August. Nixon resigns, Gerald 110 Ford takes ofce. 100 8 September. President Ford 20 January. Nixon is inaugurated 90 pardons Nixon, ending the for his second term, aer defeating 20 October. “”: Nixon investigations. 80 George McGovern with the largest orders Attorney General Elliott Richardson and Deputy 70 plurality of votes in American history. Attorney General William Ruckelshaus to re special 9 May. The House 60 prosecutor . Aer they both refuse Judiciary Committee begins and resign, carries out the order. impeachment hearings. 50 Jan 1973 Jul 1973 Jan 1974 Jul 1974 Jan 1975

Source: Bloomberg, UBS, as of 12 March 2019

President Bill Clinton (1998) Markets didn’t blink aer the 1998 impeachment Markets didn’t seem to react ma- S&P 500 Index level terially to the Clinton-era impeach- 1,400 ment proceedings. In fact, markets 19 December: In a “lame duck” session of the outgoing Congress, the House votes to continued to grind higher following impeach President Clinton on grounds of 1,300 the impeachment proceedings right perjury and obstruction of justice. through to the end of Clinton’s

1,200 second term in office.

12 February: The Senate votes to 1,100 acquit President Clinton, by a vote of 3 November: In the 1998 election, 45–55 on the count of perjury, and Democrats gain ve seats in the 50–50 on the count of obstruction of 1,000 House – only the second time since justice (67 votes were needed for a the Civil War where the President’s conviction on either count). party gained seats during a midterm. 900 Sep 1998 Oct 1998 Nov 1998 Dec 1998 Jan 1999 Feb 1999 Mar 1999

Source: Bloomberg, UBS, as of 12 March 2019

POTUS 45 | Is impeachment a risk? 7 Publication details

Publisher Contributors outside CIO Report design UBS Financial Services Inc. John Savercool Cheryl Seligman CIO Global Wealth Management Shane Lieberman 1285 Avenue of the Americas, 20th Floor Graphics support New York, NY 10019 Editors Cognizant Group Kate Hazelwood Basavaraj Gudihal Authors Srinivas Addugula Mike Ryan Project management Pavan Mekala Justin Waring John Collura Virender Negi Paul Leeming Matt Siegel

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