Nearly a year ago Rolling Stone contributing editor, Matt Taibbi wrote about how the Bank of America had defrauded everyone yet the US government kept bailing it out. They got a slap on the wrist and a paltry $$137 million fine for bilking needy schools and cities all the while plotting to rig global interest rates. In that same article from March 29th, 2012, Matt noted that BoA was still failing, yet they were still being bailed out. Why? The government’s excuse then and still is that they are too big to fail and too big too jail.
On Saturday in her New York Times article Gretchen Morgenson revealed that, we, the American taxpayer, are still bailing out Bank of America in secret deals :
That the New York Fed would shower favors on a big financial institution may not surprise. It has long shielded large banks from assertive regulation and increased capital requirements.
Still, last week’s details of the undisclosed settlement between the New York Fed and Bank of America are remarkable. Not only do the filings show the New York Fed helping to thwart another institution’s fraud case against the bank, they also reveal that the New York Fed agreed to give away what may be billions of dollars in potential legal claims.
Here’s the skinny: Late last Wednesday, the New York Fed said in a court filing that in July it had released Bank of America from all legal claims arising from losses in some mortgage-backed securities the Fed received when the government bailed out the American International Group in 2008. One surprise in the filing, which was part of a case brought by A.I.G., was that the New York Fed let Bank of America off the hook even as A.I.G. was seeking to recover $7 billion in losses on those very mortgage securities.
It gets better.
What did the New York Fed get from Bank of America in this settlement? Some $43 million, it seems, from a small dispute the New York Fed had with the bank on two of the mortgage securities. At the same time, and for no compensation, it released Bank of America from all other legal claims.
[…] To anyone interested in holding banks accountable for mortgage improprieties, the Fed’s actions are bewildering. If the Fed intended that Maiden Lane II own the right to sue Bank of America for fraud, why didn’t it pursue such a potentially rich claim on behalf of taxpayers? The Fed made $2.8 billion on the Maiden Lane II deal, but the recovery from Bank of America could have been much greater. Why did it instead release Bank of America from these liabilities and supply declarations that seem to support the bank in its case against A.I.G.?
The New York Fed would not discuss this matter, citing the litigation. But taxpayers, who might have benefited had the New York Fed brought fraud claims, deserve answers to these questions.
[…] A New York Fed spokesman said it supported the settlement because it would generate significant value without potentially high litigation costs.
Let’s recap: For zero compensation, the New York Fed released Bank of America from what may be sizable legal claims, knowing that A.I.G. was trying to recover on those claims.
If they’re too big to fail, to big to jail then these banks should be too big to exist.
To be specific, CBO expects the deficit to shrink from 8.7% of GDP in fiscal 2011 to 5.3% in fiscal 2013 if the sequester takes effect and to 5.5% if it doesn’t. Either way, the two-year deficit reduction – equal to 3.4% of the economy if automatic budget cuts are triggered and 3.2% if not – would stand far above any other fiscal tightening since World War II. [..]
History suggests that there’s little good to be gotten from cutting the deficit much faster than 1% of GDP per year. That’s especially true at the moment, given the nature of our related demographic and budget challenges.
Both of those challenges suggest that growth should be our paramount concern, far ahead of near-term deficit reduction, even as we work to improve the intermediate-term budget outlook.
And we may well have a coincident recession this time, too. According to the initial GDP numbers, the economy shrank slightly in the fourth quarter of 2012, largely because government spending fell. As federal spending continues to fall and the effects are compounded by new tax increases (the payroll tax cut expired in January, for instance), it wouldn’t be a huge surprise to see more quarters of negative growth. So, given that the typical definition of a recession is two consecutive quarters in which the economy shrinks, this drop in deficits might yet be accompanied by another recession.
Hence, two things to remember in the deficit conversation: First, the deficit is expected to fall faster in 2013 than at any time in the last 60 years. And second, that kind of austerity tends to be accompanied by recessions, and we’ve already seen evidence that the same might be true this time, too.
Austerity and sequestration are really bad ideas and that is what the President should have been hammering in the SOTU.
Dr. Baker start off citing Mr. Friedman’s first paragraph:
It begins by telling us that Tim Cook and Apple are sitting on $137 billion that they could be investing:
“Apple is currently sitting on $137 billion of cash in the bank. There are many reasons Apple has not spent its cash horde, but I’ll bet anything that one of them is the uncertain economic and tax environment in this country. Think about how much better we’d all be if Apple, and the many other companies sitting on cash, felt confident enough in the future to spend it. These are the most dynamic companies in the world. They don’t need any government help to innovate.”
He goes on to explain how, at this time, investment in equipment and software is near pre-recession levels. He then moves on to Mr. Friedman’s wrongheadedness about consumption and the trade deficit.
Then Dr. Dean get to the real nitty gritty of how really wrong Friedman is on getting the American economy moving is this theory on investment in infrastructure and early childhood education:
Friedman just keeps getting better:
“Our choice today is not ‘austerity’ versus ‘no austerity.’ That is a straw man argument offered by both extremes. It’s about whether we phase in – in the least painful way possible – a long-term plan that balances our need to protect the most vulnerable in this generation while funding the most opportunities for the next generation, and still creating growth. We can’t protect both generations in full anymore, but we must not sacrifice one for the other – favoring nursing homes over nursery schools – and that’s what we’re on track to do.”
You have to love the line:
“We can’t protect both generations in full anymore.”
Somehow Friedman missed the fact that the problem we are facing is a lack of demand. We need people to spend more not less. How does austerity reduce unemployment and get the economy back to full employment? It hasn’t worked in Ireland, Greece, Spain, the United Kingdom or anywhere else that can be identified. How on earth does the fact that we now face a huge gap in demand mean that we are less well-situated to “protect both generations.” (Of course he doesn’t say anything about income distribution.)
Again, if Friedman could be taught some intro economics it would be hugely helpful here. Suppose Friedman gets his wish for a grand bargain and everyone working today knew that they would be seeing sharply lower Social Security and Medicare benefits in the future. All of those consumers who Friedman thinks are paralyzed by uncertainty will suddenly realize that they can be certain that they will need more money to support themselves in retirement because the Thomas Friedmans of the world have taken away their Social Security and Medicare.
As Mr. Friedman has written, he mostly travel’s by taxi. So Dr. Baker has an idea on how you can help with Mr. Friedman’s economic education if you live in New York City:
Print copies of the two graph’s the investment share of GDP and consumption as a share of disposable income;
Give then to NYC cab driver’s to give to Mr. Friedman if, and when, they pick him up.
The theory is that if enough people do this eventually Mr. Friedman will learn something about economics and we will “no longer have to see painfully wrongheaded columns on the economy in the Sunday NYT.”
I stopped reading Mr. Friedman’s columns sometime after 2006, three years into the Iraq War that was only suppose to last six months. Mr. Friedman started predicting the outcome of the war would take six months in 2003. He did it often enough that Atrios started calling the prediction a “Friedman Unit” in 2006 and it became a running joke thereafter.
Writing for his New York Times blog, Conscience of a Liberal, Nobel Prize winning economics professor Paul Krugman makes two salient observation about President Barack Obama’s proposal to raise the minimum wage from the current $7.25 per hour to $9.00 per hour indexed to inflation. His first observation is the political “trap” for Republicans leaders who are opposed, even though a vast majority of voters support a wage increase (pdf) and that includes a string majority of Republican women but not men. Prof Krugman notes that while Republicans want you to believe that they are concerned workers might lose their jobs, he gives two examples of why this faux sincerity “won’t wash”:
1. The truth is that top Republicans have so little regard for ordinary workers that they can’t even manage to pretend otherwise. Case in point: on the last Labor Day, Eric Cantor declared,
“Today, we celebrate those who have taken a risk, worked hard, built a business and earned their own success”.
Yep: even on Labor Day, Cantor had nothing positive to say about workers, just praise for their bosses.
2. Consider a working couple with two children, earning the current minimum wage. How much federal income tax do they pay? If I’m doing the math right, the answer is, none – they get a refund. (They pay plenty of payroll taxes, sales taxes, etc., but that isn’t supposed to count). In the minds of Republicans, this makes them lucky duckies, members of the 47 percent, part of what’s wrong with America. The GOP just can’t credibly claim to suddenly be deeply concerned about their job prospects.
First, as John Schmitt (pdf) documents at length, there just isn’t any evidence that raising the minimum wage near current levels would reduce employment. And this is a really solid result, because there have been a lot of studies. We can argue about exactly why the simple Econ 101 story doesn’t seem to work, but it clearly doesn’t – which means that the supposed cost in terms of employment from seeking to raise low-wage workers’ earnings is a myth.
Second – and this is news to me – the usual notion that minimum wages and the Earned Income Tax Credit are competing ways to help low-wage workers is wrong. On the contrary, raising the minimum wage is a way to make the EITC work better, ensuring that its benefits go to workers rather than getting shared with employers. This actually is Econ 101, but done right: given a second-best world in which you use imperfect tools to help deserving workers, two tools together can produce a better outcome than either one on its own.
As usual, if you want comprehensive, in depth discussion without the political talking points and invective, at the same time presenting both sides, Chris Hayes and his guests on Up with Chris Hayes this past Saturday provided just that. Joining Chris to discuss the president’s proposal to raise the minimum wage were by Arindrajit Dube, assistant professor of economics at University of Massachusetts-Amherst; Lew Prince, owner of Vintage Vinyl, Inc. a small business in St. Louis, Missouri; Jennifer Sevilla Korn, executive director of the Hispanic Leadership Network; and Tsedeye Geeresslasse, staff attorney of the National Employment Law Project.
Republicans and business groups have lined up in opposition to a minimum wage increase, and in doing so, they’ve repeated a talking point that has been common in Washington for decades: that an increase in the minimum wage would lead to reductions in employment. As it turns out, there’s a growing body of empirical evidence that indicates that minimum wage increases, within a certain range, have no negative impact on employment, and may actually boost worker productivity and consumer demand, providing a much-needed stimulus to the economy.
Heads up folks, there’s a new sheriff in town and she’s not ready to make nice. Freshman Senator Elizabeth Warren (D-MA) made her debut on the Senate Banking Committee making it very clear to the bank regulators from the alphabet soup of agencies sitting before her, that she was not pleased:
The Democratic senator from Massachusetts had a straightforward question for them: When was the last time you took a Wall Street bank to trial? It was a harder question than it seemed.
“We do not have to bring people to trial,” Thomas Curry, head of the Office of the Comptroller of the Currency, assured Warren, declaring that his agency had secured a large number of “consent orders,” or settlements.
“I appreciate that you say you don’t have to bring them to trial. My question is, when did you bring them to trial?” she responded.
“We have not had to do it as a practical matter to achieve our supervisory goals,” Curry offered. [..]
The financial regulators can blame, at least in part, Wall Street lobbyists (along with outgoing Treasury Secretary Tim Geithner and Senate Republicans) for their embarrassing turn at the hearing. Warren would have been on the panel herself representing the Consumer Financial Protection Bureau, instead of a sitting senator, if her nomination to head the agency hadn’t been thwarted in 2011.
After getting the essentially the same answer from the others at the table, Sen. Warren, who was a friend and admirer of the late Internet activist Aaron Swartz who all too briefly was her constituent, alluded to his suicide chastised the lack of any criminal prosecutions:
“There are district attorneys and United States attorneys out there every day squeezing ordinary citizens on sometimes very thin grounds and taking them to trial in order to make an example, as they put it. I’m really concerned that ‘too big to fail’ has become ‘too big for trial.”
Sen. Warren is part of the “new breed” of Senate Democrats who are not going to sit quietly in the background, as digby said, “for at least four years before they were allowed to assert themselves in even the tiniest ways.” But is she rally that “awesome?”
So while Warren fans are happy with her debut, these star turns are useful for signaling, but they are not how she will make a difference, if she can make a difference. The Senate gives her ready media access, but the convention in the Senate is for newbies keep a low profile for the first six months. Warren might be allowed some liberties on banking issues, given her expertise in this arena. Notice how she breezily overstepped her time limits in the video clip. But expect her to hew to convention elsewhere, otherwise she could undermine her ability to get things done. Remember, Hillary Clinton had to bring fellow Senators coffee as a freshman to prove she didn’t have airs.
That also means we are likely to remain in the dark about where Warren stands on other issues that affect middle class families, like social insurance programs and the progressivity of taxes, until after the deficit pact is done (Warren will be expected to fall in with the party position), unless we have another kick-the-can deal in March and real fights take place when she is in a position to operate a bit more freely.
So the early signs of how tough-minded Warren intends to be will come through the letters, speeches, and positions she takes on banking matters outside the formal Committee sessions. Her early talk is promising, but we need to see how she follows up with action.**
Under the Dodd-Frank financial reform law adopted by Congress in 2010, investors are required to set aside significant sums of cash to cover losses on their derivatives trades — money they could otherwise plow into additional investments. That policy came in response to the financial crisis that began in 2007, when major financial institutions found themselves unable to cover hundreds of billions of dollars in shortfalls on derivatives trades.
But traders have recently forged a path around these so-called margin requirements in order to allow them to harvest larger profits via larger bets: They are repackaging some derivatives known as swaps into another financial product known as futures. Futures are less stringently regulated, meaning investors can stake out larger positions while reserving smaller amounts of cash.
At one point, Warren asked why big banks’ book value was lower, when most corporations trade above book value, saying there could be only two reasons for it.
“One would be because nobody believes that the banks’ books are honest. Second, would be that nobody believes that the banks are really manageable. That is, if they are too complex either for their own institutions to manage them or for the regulators to manage them” {..}
That set off angry responses to Politico’s Morning Money. “While Senator Warren had every right to ask pointed questions at today’s Senate Banking Committee hearing, her claim that ‘nobody believes’ that bank books are honest is just plain wrong,” emailed a “top executive” to the financial newsletter. ” Perhaps someone ought to remind the Senator that the campaign is over and she should act accordingly if she wants to be taken seriously.” [..]
In an email, a GOP bank lobbyist said, “Republicans also would like to know why the Democratic donor base has avoided trial. Maybe she should subpoena the DSCC and Obama’s super PAC to answer her question.”
Consumer Bankers Association CEO Richard Hunt was slightly more diplomatic. “We have been through more tests and thorough exams than any college student over the past four years, including many conducted by the CFPB. The results of the Hamilton Partners Financial Index and the testimony of OCC Comptroller [Thomas] Curry were very clear: the United States banking system is safe and sound, supported by historic and permanent capital ratios. We are working every day to fulfill the financial needs of the American consumer and small business and will continue to work with any and all lawmakers who seek to assist in this extremely important process.”
Awww, she hurt their feelings.
Sen. Warren has a Mt. Everest size hill to climb. We wish her luck.
As the nation spent the week debating the CIA assassination program, Obama lawyers exploit secrecy to shield it from all review
It is not news that the US government systematically abuses its secrecy powers to shield its actions from public scrutiny, democratic accountability, and judicial review. But sometimes that abuse is so extreme, so glaring, that it is worth taking note of, as it reveals its purported concern over national security to be a complete sham.
Such is the case with the Obama DOJ’s behavior in the lawsuit brought by the ACLU (pdf) against the CIA to compel a response to the ACLU’s Freedom of Information Act (FOIA) request about Obama’s CIA assassination program. That FOIA request seeks nothing sensitive, but rather only the most basic and benign information about the “targeted killing” program: such as “the putative legal basis for carrying out targeted killings; any restrictions on those who may be targeted; any civilian casualties; any geographic limits on the program; the number of targeted killings that the agency has carried out.”
Everyone in the world knows that the CIA has a targeted killing program whereby it uses drones to bomb and shoot missiles at those it wants dead, including US citizens. This is all openly discussed in every media outlet.
Key Obama officials, including the president himself, not only make selective disclosures about this program but openly boast about its alleged successes. Leon Panetta, then the CIA Director, publicly said all the way back in 2009 when asked about the CIA drone program: “I think it does suffice to say that these operations have been very effective because they have been very precise.” In 2010, Panetta, speaking to the Washington Post, hailed the CIA drone program in Pakistan as “the most aggressive operation that CIA has been involved in in our history”. This is just a partial sample of Obama official boasts about this very program (for more, see pages 15 to 28 here).
Despite all that, the Obama DOJ from the start has refused not only to provide the requested documents about the CIA drone program, but they refuse to say whether such documents even exist. They do so by insisting that whether there even exists such a thing as a “CIA drone program” is itself classified, and therefore, they can neither admit nor deny whether they possess any of the documents sought by the FOIA request: “the very fact of the existence or nonexistence of such documents is itself classified,” repeats the Obama DOJ over and over like some hypnotic Kafkaesque mantra.
The Obama Administration is getting more and more like that crazy old man in the park talking to an imaginary friend. Only it works in reverse. It sends out real people to engage in hours of conversations with other real people about a real topic and then pretends both were pretend.
It sends John Brennan to the Senate for 3.5 hours where he has conversations about drones over and over with people, never once claiming not to understand what they mean when they discuss drones and/or targeted killing. [..]
And yet in spite of the fact that Brennan talks about lethal strikes over and over, the government maintains (pdf) that none of these conversations – none of these mentions of lethal strikes – amounts to an admission that the government is, in fact, conducting lethal strikes.
Plaintiffs also cite the transcript of the confirmation hearing of John Brennan, the nominee for Director of Central Intelligence. They assert that “the nominee . . . and members of the committee extensively discussed various aspects of the CIA’s targeted killing program . . . .” However, plaintiffs identify no statement in which Mr. Brennan allegedly confirms purported CIA involvement in the use of unmanned aerial vehicles for “targeted killing.” Rather, plaintiffs cite instances in which members of Congress mentioned “targeted killing,” and general discussions of “targeted killing” that do not address the involvement of any particular agency.
Well, fine. If John Brennan believes these to be imaginary conversations with an imaginary oversight committee, then it’s clear he is mentally ill-equipped to deal with the stress of running the CIA. [..]
What’s most interesting, however, is that this apparently batshit crazy man talking to ghosts, John Brennan, is going to have to deal with a woman, Dianne Feinstein, who said this, as one of his primary overseers.
FEINSTEIN: I have been calling and others have been calling the rank – the vice chairman and I on the use of target – for increased transparency on the use of targeted force for over a year, including the circumstances in which such force is directed against U.S. citizens and noncitizens alike.
I’ve also been attempting to speak publicly about the very low number of civilian casualties that result from such strikes. I have been limited in my ability to do so. But for the past several years, this committee has done significant oversight of the government’s conduct of targeted strikes and the figures we have obtained from the executive branch which we have done our utmost to verify, confirm that the number of civilian casualties that have resulted from such strikes each year has typically been in the single digits. When I asked to give out the actual numbers, I’m told, “you can’t”, and I say, “why not?” “Because it’s classified. It’s a covert program. For the public, it doesn’t exist.” Well, I think rationale, Mr. Brennan, is long gone and I’m going to talk to you and my questions a little bit about that because I think it’s very important that we share this data with people.
This apparently batshit crazy person (according to the Administration, not me) is telling the Chair of the Committee that oversees the CIA that she’s delusional, the programs she’s talking about don’t exist.
There’s a lot of crazy old people talking on benches in DC, I guess.
Do you believe that the president has the power to authorize lethal force, such as a drone strike, against a U.S. citizen on U.S. soil? What about the use of lethal force against a non-U.S. person on U.S. soil?
Do you believe that the prohibition on CIA participation in domestic law enforcement, first established by the National Security Act of 1947, would apply to the use of lethal force, especially lethal force directed at an individual on a targeting list, if a U.S. citizen on a targeting list was found to be operating on U.S. soil? What if the individual on the targeting list was a non-U.S. person but found to be operating on U.S. soil? Do you consider such an operation to be domestic law enforcement, or would it only be subject to the president’s wartime powers?
Do you believe that the Posse Comitatus Act, or any other prohibition on the use of the military in domestic law enforcement, would prohibit the use of military hardware and/or personnel in pursuing terrorism suspects-especially those on a targeting list-found to be operating on U.S. soil? If not, would you support the use of such assets in pursuit of either U.S. citizen or non-U.S. persons on U.S. soil suspected of terrorist activity?
What role did you play in approving the drone strike that led to the death of the underage, U.S. citizen son of Anwar al-Awlaki? Unlike his father, he had not renounced his U.S. citizenship. Was the younger al-Awlaki the intended target of the U.S. drone strike which took his life? Further, do you reject the subsequent claim, apparently originating from anonymous U.S. government sources, that the young man had actually been a “military age male” of 20 years or more of age, something that was later proven false by the release of his birth certificate?
Is the U.S. drone strike strategy exclusively focused on targeting al Qaeda, or is it also conducting counterinsurgency operations against militants seeking to further undermine their government, such as in Yemen?
Do you support the Attorney General’s 2012 guidance to the NCTC that it may deliberately collect, store, and “continually assess” massive amounts of data on all U.S. citizens for potential correlations to terrorism, even if the U.S. citizens targeted have no known ties to terrorism?
And you thought Bush was stupid? This is too surreal.
MSNBC’s Up with Chris Hayes host, Chris Hayes discusses what we have learned this week with panel guests Dedrick Muhammad, senior economic director for the NAACP; Goldie Taylor, MSNBC contributor; Diane Schansenbach, Northwest University; and Derrell Bradford, executive director of Better Education for Kids.
West Miami is indeed less posh than its southeastern neighbor, Coral Gables. But public records show Rubio and his wife paid more than half a million dollars — $550,000 in fact — in 2005 for their two-story, four-bedroom, 2,649-square foot pad, which features a double-height living area, stainless steel appliances, manicured lawn, and outdoor entertaining space. As Ameriblog points out, the surrounding streets contain more quintessentially blue collar homes, but Rubio’s cul-de-sac of 5 pool homes is a “luxury enclave,” a “little white-collar heaven” in blue collar Miami.
In his 2013 State of the Union address, President Obama said: “We know our economy is stronger when our wives, mothers, and daughters can live their lives free from discrimination in the workplace and free from the fear of domestic violence.”
This “our wives, mothers, and daughters” phrase is one he routinely employs, but it is counterproductive to the women’s equality the President is ostensibly supporting.
Defining women by their relationships to other people is reductive, misogynist, and alienating to women who do not define ourselves exclusively by our relationships to others. Further, by referring to “our” wives et al, the President appears to be talking to The Men of America about Their Women, rather than talking to men AND women.
Milan – Italy’s former military intelligence chief was sentenced to 10 years in prison Tuesday for his role in the kidnapping of an Egyptian Muslim cleric in an operation organized by the United States.
An American former CIA station chief was this month sentenced in absentia to seven years in jail after imam Abu Omar was snatched from a Milan street in 2003 and flown to Egypt for interrogation during the United States’ “war on terror.”
The Milan appeals court sentenced Niccolo Pollari, former head of the Sismi military intelligence agency, to 10 years in prison and his former deputy Marco Mancini to nine years.
Recently the Federal Communications Commission announced that it wanted to create a free super Wi-Fi network across the country, virtually eliminating a monthly internet bill. Naturally, the telecommunication giants and the lawmakers in Congress who protect them are opposed. In Europe, internet users enjoy inexpensive, high speed access to a broadband, phone, and cable TV package for as little as $40 a month. The phone service has unlimited local calling and a lot of free international calls.
Terry Huval is a large, friendly man with a lilting Southern accent who plays Cajun fiddle tunes in his spare time. He is also the director of utilities in Lafayette, Louisiana. “Our job is making sure we listen to our citizens,” he says.
In 2004, the Lafayette utilities system decided to provide a fiber-to-the-home service. The new network, called LUS Fiber, would give everyone in Lafayette a very fast Internet connection, enabling them to lower their electricity costs by monitoring and adjusting their usage.
Push-back from the local telephone company, BellSouth Corp., and the local cable company, Cox Communications Inc., was immediate. They tried to get laws passed to stop the network, sued the city, even forced the town to hold a referendum on the project — in which the people voted 62 percent in favor. Finally, in February 2007, after five civil lawsuits, the Louisiana Supreme Court voted, 7-0, to allow the network.
From 2007 to mid-2011, people living in Lafayette saved $5.7 million on telecommunications services.
Susan Crawford, former special assistant to President Obama for science, technology and innovation, and author of Captive Audience: The Telecom Industry and Monopoly Power in the New Gilded Age, joins Bill to discuss how our government has allowed a few powerful media conglomerates to put profit ahead of the public interest – rigging the rules, raising prices, and stifling competition. As a result, Crawford says, all of us are at the mercy of the biggest business monopoly since Standard Oil in the first Gilded Age a hundred years ago.
“The rich are getting gouged, the poor are very often left out, and this means that we’re creating, yet again, two Americas, and deepening inequality through this communications inequality,” Crawford tells Bill.
Last night President Barack Obama gave the annual State of the Union address before the nation and a joint session of Congress. He made a lofty speech outlining his plan for the nation over the next year, most of which are highly unlikely to come to fruition due to the intransigence of the Republican held House. Will any of this be remembered in a month? Or, for that matter, next year? Does anyone remember the promises and goals from last year’s SOTU? I doubt anyone remembers this:
WASHINGTON — During his State of the Union address tonight, President Obama will announce the creation of a special unit to investigate misconduct and illegalities that contributed to both the financial collapse and the mortgage crisis.
The office, part of a new Unit on Mortgage Origination and Securitization Abuses, will be chaired by Eric Schneiderman, the New York attorney general, according to a White House official.
Schneiderman is an increasingly beloved figure among progressives for his criticism of a proposed settlement between the 50 state attorneys general and the five largest banks. His presence atop this new special unit could give it immediate legitimacy among those who have criticized the president for being too hesitant in going after the banks and resolving the mortgage crisis. He will be in attendance at Tuesday night’s State of the Union address.
A year later, progressives said they consider the panel a disappointment and, possibly, a diversion to placate Schneiderman and homeowner advocates. The Justice Department said it doesn’t know what the fuss is about.
“You described it as a unit that was announced to great fanfare,” said Tony West, the number three man in the Justice Department, in an interview. “A lot of people have the misimpression that this is some type of prosecutorial department that was set up. What the working group is is exactly that. It is part of the financial fraud enforcement task force. It doesn’t stand alone.” [..]
Schneiderman’s working group, critics said, has not lived up to that billing. [..]
According to those involved in putting together cases, officials at the SEC were naturally disposed to striking quick settlements rather than carrying out long-term investigations. The Justice Department, meanwhile, was worried about shaking a recovering housing market and fragile banks.
(Mike) Lux, in particular, pointed an accusatory finger at working group co-chairman Lanny Breuer, the assistant attorney general for the Justice Department’s Criminal Division, who has said he will leave his post next month. [..]
Whether driven by Breuer’s presence or not, the working group suffered from what the high-level source called “leaked leverage.” With different actors wanting slightly different outcomes, it closed cases that may have potentially been made bigger. Among those cited include one last month, when the Office of the Comptroller of the Currency and the Federal Reserve reached a $8.5 settlement with 10 U.S. banks on charges of foreclosure abuses.
Stein and Grim state that ‘progressives interviewed for this story who know and like Schneiderman offered the same conclusion: He got played.” Former blogger for FDL, David Dayen disagrees:
I agree with David, Mr. Schneiderman’s settlement with banks here in New York have been disappointing, to say the least. He is not some naive neophyte. He knew precisely what he was signing up for when he was offered the position with this group.
The secret truth: There never was a “task force” dedicated to ferreting out mortgage fraud
This is the key point. There are no offices, no phones and no staff dedicated to the non-task force. Two of the five co-chairs have left government. What “investigators” there are from the task force are nothing more than liaisons to the independent agencies doing their own independent investigations. In the rare event that these agencies file an actual lawsuit or enforcement action, the un-task force merely puts out a statement taking credit for it. Take a look at this in action at the website for the Financial Fraud Enforcement Task Force, the federal umbrella group “investigating” financial fraud. It’s little more than a press release factory, and no indictment, conviction or settlement is too small. The site takes credit for cracking down on Ponzi schemes, insider trading, tax evasion, racketeering, violations of the Americans With Disabilities Act (!) and a host of other crimes that have precisely nothing to do with the financial crisis. To call this a publicity stunt is an insult to publicity stunts. [..]
Maybe these groups who claim to be interested in accountability should have recognized the value of what pressured the White House to set up the diversionary tactic of a task force in the first place: public shaming. Last month’s Frontline documentary “The Untouchables” has had arguably more of an impact on reviving moribund financial fraud cases than anything else. Within a couple of weeks of its premiere, the head of the criminal enforcement division, Lanny Breuer, announced he would step down. Then, DoJ suddenly decided to sue credit rating agency Standard and Poor’s over its conflict of interest in rating clearly fraudulent securities as safe assets, a case it had been investigating for two years. You can view this as an accident of timing; it seems more like a direct response. Shaming has done far more than a pretend task force, though that’s admittedly a low bar. You would think outside pressure groups would have recognized the virtue of outside pressure instead of trying to play an inside game.
Pulitzer Prize winning journalist and Truthdig columnist, Chis Hedges, along with six other journalists and activists filed a lawsuit against the Obama administration over Section 1021 of the National Defense Authorization Act (NDAA) alleging that it violated free speech and associational rights guaranteed by the First Amendment and due process rights guaranteed by the Fifth Amendment of the United States Constitution. Last Wednesday they were back in Federal Court in Manhattan for a hearing before three judges:
Attorney Bruce Afran, addressing press and gathered activists in an icy downtown Manhattan plaza Wednesday, said the three-judge panel today challenged the government to prove that the NDAA provision is nothing more than an “affirmation” of the laws regarding indefinite detention already established by Authorization for Use of Military Force. According to the DoJ, the NDAA provision is nothing new, but simply a codification of AUMF. The plaintiffs and their supporters vehemently disagree, as did Judge Forrest last year. Afran stressed again Sunday that 1021(b)(2) “broadens the power of the military” when it comes to the capture and indefinite detention of U.S. citizens and as such “breaches the constitutional barrier between civilians and the military” and constitutes a significant extension of the military state beyond the powers given by AUMF.
If we lose in Hedges v. Obama – and it seems certain that no matter the outcome of the appeal this case will reach the Supreme Court – electoral politics and our rights as citizens will be as empty as those of Nero’s Rome. If we lose, the power of the military to detain citizens, strip them of due process and hold them indefinitely in military prisons will become a terrifying reality. Democrat or Republican. Occupy activist or libertarian. Socialist or tea party stalwart. It does not matter. This is not a partisan fight. Once the state seizes this unchecked power, it will inevitably create a secret, lawless world of indiscriminate violence, terror and gulags. I lived under several military dictatorships during the two decades I was a foreign correspondent. I know the beast. [..]
Five thousand years of human civilization has left behind innumerable ruins to remind us that the grand structures and complex societies we build, and foolishly venerate as immortal, crumble into dust. It is the descent that matters now. If the corporate state is handed the tools, as under Section 1021(b)(2) of the NDAA, to use deadly force and military power to criminalize dissent, then our decline will be one of repression, blood and suffering. No one, not least our corporate overlords, believes that our material conditions will improve with the impending collapse of globalization, the steady deterioration of the global economy, the decline of natural resources and the looming catastrophes of climate change.
But the global corporatists-who have created a new species of totalitarianism-demand, during our decay, total power to extract the last vestiges of profit from a degraded ecosystem and disempowered citizenry. The looming dystopia is visible in the skies of blighted postindustrial cities such as Flint, Mich., where drones circle like mechanical vultures. And in an era where the executive branch can draw up secret kill lists that include U.S. citizens, it would be naive to believe these domestic drones will remain unarmed. [..]
After the hearing, Mr Hedges, along with three of his co-plaintiffs, Pentagon Papers whistle-blower Daniel Ellsberg; Revolution Truth Executive Director Tangerine Bolen; journalist and U.S Day of Rage founder Alexa O’Brien; and Demand Progress Executive Director David Segal, and their attorneys, Carl Mayer and Bruce Afran, sat down to discuss the state of the lawsuit. The discussion was moderated by Natasha Lennard of Salon and Matt Sledge of The Huffington Post.
In a second panel to “discuss the broader context of the case,” Mr. Hedges, Mr. Ellsberg and Ms. Bolen were joined by film maker and activist Michael Moore, NSA whistle-blower Thomas Drake and Jesselyn Radack, an attorney for CIA whistle-blower John Kiriakou and a director of the Government Accountability Project.
The former special inspector-general of the troubled asset relief program (TARP), Neil Barofsky says that it is time for a “post mortem” analysis former Treasury Secretary Timothy Geithner’s doctrine, the preservation of large banks, the largesse of Wall St. and the perversion of of the US criminal justice system. In this article posted at naked capitalism, Mr. Barofsky looks at the effect of the “Geithner Doctrine” and the weak response to the LIBOR scandal:
The recent parade of banking scandals, such as the manipulation of Libor rates by Barclays, Royal Bank of Scotland and other major banks, can be traced back to the lax system of regulation before the financial crisis – and the weak response once disaster struck.
Take the response of the New York Federal Reserve to Barclays’ admission in 2008 that it was submitting false Libor rates and was not alone in doing so. Mr Geithner’s response was to in effect bury the tip. He sent a memo to the Bank of England suggesting some changes to the rate-setting process and then convened a meeting of regulators where he reportedly described only the risk but not the actual manipulation of the rate. He then put the government imprimatur on the rate via bailout programmes. His inaction helped permit a global crime to continue for another year.
When it was UBS’s turn to settle its Libor charges, even though a significant amount of the illegal activity took place at the parent company level, only a Japanese subsidiary was required to take a plea. Eric Holder, US attorney-general, demonstrated his embrace of the Geithner doctrine (a phrase coined by blogger Yves Smith) in explaining the UBS decision. He said that a more aggressive stance against the parent company could have a negative “impact on the stability of the financial markets around the world”.
Instead of seeking deterrence and justice, the US government increasingly appears to have fully absorbed the Geithner doctrine into its charging decisions by seeking a result that has a minimal impact on the target bank but will generate the best-looking press release. Some banks today are still too big to fail – and they are still too big to jail.
There are no meaningful consequences for this criminality. The fines with a promise not to do this again are just a game to allow the banks to continue the fraudulent conduct and find better ways to cover it up. Mr. Barofsky concludes that we must ditch the “Geithner Doctrine” to end “the game of incentives gone wild, and the lack of accountability in the aftermath of the crisis has only reinforced those bad incentives.”
o reclaim our system of justice, the global threat posed by the failure of any of our largest financial institutions must be neutralised once and for all. They must be reduced in size, their safety nets must be dramatically constricted and their capital requirements enhanced far beyond the current standards. Then, and only then, can the same set of rules apply to all.
In an extended interview with “The Daily Show“ host Jon Stewart, Mr. Barofsky discussed the double standards of the TARP program and the alien culture of Washington DC and explains why the banks will never face true justice..
How America kills using drones has been a hot topic for many on the left who feel that the Obama administration has gone too far with the ubiquitous “Global War on Terror” (GWOT) when the president ordered the assassination of Anwar Al Awlaki and two weeks later his 16 year old son. The disagreement over this policy became even more heated when the Justice Department released an undated White Paper that outlined the memos that allegedly justifies extrajudicial executions by the Executive branch without due process. Constitutional lawyer and columnist at The Guardian, Glenn Greenwald observed that the memo has forced many Democrats “out of the closet as overtly unprincipled hacks:”
Illustrating this odd phenomenon was a much-discussed New York Times article on Sunday by Peter Baker which explained that these events “underscored the degree to which Mr. Obama has embraced some of Mr. Bush’s approach to counterterrorism, right down to a secret legal memo authorizing presidential action unfettered by outside forces.” [..]
Baker also noticed this: “Some liberals acknowledged in recent days that they were willing to accept policies they once would have deplored as long as they were in Mr. Obama’s hands, not Mr. Bush’s.” As but one example, the article quoted Jennifer Granholm, the former Michigan governor and fervent Obama supporter, as admitting without any apparent shame that “if this was Bush, I think that we would all be more up in arms” because, she said “we trust the president“. Thus did we have – while some media liberals objected – scores of progressives and conservatives uniting to overtly embrace the once-controversial Bush/Cheney premises of the War on Terror (it’s a global war! the whole world is a battlefield! the president has authority to do whatever he wants to The Terrorists without interference from courts!) in order to defend the war’s most radical power yet (the president’s power to assassinate even his own citizens in secret, without charges, and without checks). [..]
What this DOJ “white paper” did was to force people to confront Obama’s assassination program without emotionally manipulative appeal to some cartoon Bad Guy Terrorist (Awlaki). That document never once mentioned Awlaki. Instead – using the same creepily clinical, sanitized, legalistic language used by the Bush DOJ to justify torture, renditions and warrantless eavesdropping – it set forth the theoretical framework for empowering not just Obama, but any and all presidents, to assassinate not just Anwar Awlaki, but any citizens declared in secret by the president to be worthy of execution. Democratic Rep. Barbara Lee wrote that the DOJ memo “should shake the American people to the core”, while Harvard Law Professor Noah Feldman explained “the revolutionary and shocking transformation of the meaning of due process” ushered in by this memo and said it constituted a repudiation of the Magna Carta.
In doing so, this document helpfully underscored the critical point that is otherwise difficult to convey: when you endorse the application of a radical state power because the specific target happens to be someone you dislike and think deserves it, you’re necessarily institutionalizing that power in general. That’s why political leaders, when they want to seize extremist powers or abridge core liberties, always choose in the first instance to target the most marginalized figures: because they know many people will acquiesce not because they support that power in theory but because they hate the person targeted. But if you cheer when that power is first invoked based on that mentality – I’m glad Obama assassinated Awlaki without charges because he was a Bad Man! – then you lose the ability to object when the power is used in the future in ways you dislike (or by leaders you distrust), because you’ve let it become institutionalized. [..]
What’s most remarkable about this willingness to endorse extremist policies because you “trust” the current leader exercising them is how painfully illogical it is, and how violently contrary it is to everything Americans are taught from childhood about their country. It should not be difficult to comprehend that there is no such thing as vesting a Democratic President with Power X but not vesting a GOP President with the same power. To endorse a power in the hands of a leader you like is, necessarily, to endorse the power in the hands of a leader you dislike.
Like Bob Herbert’s statement – “policies that were wrong under George W. Bush are no less wrong because Barack Obama is in the White House” – this is so obvious it should not need to be argued. As former Bush and Obama aide Douglas Ollivant told the NYT yesterday about the “trust” argument coming from some progressives: “That’s not how we make policy. We make policy assuming that people in power might abuse it. To do otherwise is foolish.”
Hypocrisy thy name is Obama loyalists.
This weekend on Up with Chris Hayes, host Chris Hayes and his guest examined he government’s use of drone strikes and its “targeted killing” program in light of the release of the White Paper and the confirmation hearing for John Brennan, President Obama’s nominee to head the CIA. They discussed what the law allows, what the constitution allows, what American’s think should be allowed and the what are the moral and ethical implications.
To discuss “How America Kills,” Chris was joined by Jeremy Scahill, national security correspondent for The Nation magazine; Jennifer Draskal, Associate law professor at Georgetown University and fellow at the school’s Center on National Security; Richard Epstein, senior fellow at the Hoover Institution at Stanford University, professor of law at New York University Law School; and Hina Shamsi, director of the National Security Project for the ACLU.