Mr. President, Keep Your Promise

President Obama got generally high marks earlier this month for “getting it” after he struck a populist tone in his speech at Osawatomie, the Kansas town where he evoked the progressive spirit of former president Teddy Roosevelt.

But if he really wants to do something about the economic pain Americans continue to suffer, the president could start by keeping a campaign promise he made – to lead a fight to reform bankruptcy laws to allow judges to modify mortgage loans in their courts.

Under heavy pressure from bankers, the Senate defeated such a proposal in 2009, while the president and his administration remained silent on the sidelines.

At the time, Illinois Sen. Dick Durbin said bitterly, referring to Congress, the big banks “frankly own the place.”

The administration’s refusal to address the foreclosure crisis remains one of the sorriest aspects of its consistent underestimation of the depth of the economic crisis.

Earlier this month, the non-profit investigative journalism outfit Pro Publica filled in the details on how the administration pooped out on the president’s campaign promise. It turns out that many on the president’s bank-friendly economic team were never enthusiastic about cram-down.

The idea behind judicial cram-downs is to treat mortgage debt the same as other debts which bankruptcy judges are permitted to reduce as part of a bankruptcy.

The impact would be to encourage bankers to reduce principal on mortgages before they ever got to bankruptcy court. Judicial cram-down would be far more effective than the Obama administration’s previous failed programs intended to address the foreclosure crisis, which offered banks insufficient incentives to voluntarily modify loans with inadequate government oversight.

Part of the reason the president can’t hammer the Republicans for their lack of any plan to address foreclosures is that he hasn’t come up with a decent plan of his own – and that he didn’t fight hard enough for a solution like cram-down, which lost by six votes in the Senate, including 12 members of the president’s own party.

In addition, 11 Republicans who represent states among the hardest hit by the foreclosure crisis also voted against cram-down.

Couldn’t a tougher, savvier, more committed fight by the president come up with the seven or so votes needed to win this fight?

As the  president takes on the big banks. he may take encouragement from these words from the predecessor he evoked so successfully at Osawatomie:

“The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat.”

 

What's Plan B For Jobs?

That’s the big question after the Republicans, true to their word, killed President Obama’s $447 billion jobs proposal.

In response, the president has pledged to break up his plan, which is already too small to significantly reduce unemployment, into even smaller chunks that the Republicans might swallow. It’s hard to find anybody who believes that’s a serious plan to put a dent in unemployment.

The only job the president seems to have a clue about preserving is his own, continuing to raise campaign cash at a record-breaking pace, raising $70 million for his own and Democrats’ reelection.

Meanwhile Republicans pursue their own single-minded agenda to enhance corporate power and their own – destroy President Obama, reduce taxes and cripple government regulation.

Unfortunately for Republicans, when you look at the facts, regulations don’t turn out to be much of a threat to jobs after all

The only legislation the two parties agree on are a handful of NAFTA-style trade agreements that most Americans fear will only lead to more outsourcing.

Where does that leave the 99 percent?

Out in the street.

That’s where they’ll be across the country and the globe today, to register their frustration with a political and financial elite whose actions created persistently high unemployment, plummeting home values, social service cutbacks and a world of growing economic uncertainty.

As OccupyLA states on its web site, “We have been giving away our representation to people who do not deserve it …”

Check here for a list of demonstrations around the world.

 

 

News Flash: Giving Banks Billions Won't Create Jobs

Last year, President Obama signed into law the $30 billion Small Business Lending Fund as a way to stimulate job creation.

"It's going to speed relief to small businesses across the country right away," Obama said at the time.

It was supposed to help create 500,000 jobs.

Well, not so much.

Not only has the program been a dismal failure, with few banks applying to participate, but it turned into another giant taxpayer handout to bankers.

Only $4 billion was handed over to banks under the lending scheme. The bankers didn’t use it to boost small businesses, and it turned out they weren’t even required to. Instead the bankers used more than $2 billion to pay off their bailout debt to the Troubled Asset  Relief Program, according to a story in the October 12 Wall Street Journal (no link).

“It was basically a bailout for a 100-plus banks,” Giovanni Coratolo, vice-president of small-business policy at the U.S. Chamber of Commerce, told the Journal.

None of this should come as a surprise. Bankers said at the time that the problem was not that they didn’t have enough money to lend, but that demand for loans was weak because of the continuing bad economy.

“Until you start to see the economy improve and job growth you won’t see lots of loan demand,” Thomas Dorr, chief financial officer of Bank of Birmingham in Michigan, which received $4.6 million from the program, told Bloomberg. “You can’t force banks to lend.”

The lending program was either just another veiled handout to the banks or another lame attempt at trickle-down stimulus. Either way it contributes to the strong impression that our political leaders aren’t actually working on solutions, they’re getting in our way.

Government Under the Influence

While the media’s grand poobahs have been poopooing the Occupy movement as a bunch of clueless hippies, the occupiers themselves couldn’t be more focused on the source of their frustration.

It’s a political system addicted to corporate cash, with politicians willing to do and say anything to keep it coming.

The occupiers communicate a keen sense of just how outrageously we have been betrayed by a government captured by corporate campaign contributions, lobbyists and the cozy swinging door between government and big business.

Though the occupiers have been criticized for not arriving with a full legislative agenda in tow, the homemade cardboard signs they carry pithily describe the world that has been too often, until now, left out of the political debate between our two parties, which, just like other kinds of addicts, are unable to have an honest conversation about their substance abuse, or to acknowledge the damage it’s done.

The issue of corporate influence peddling has also been largely left out of the media’s horse race political coverage, which focuses on philosophical differences between left and right rather than what the occupiers are focused on – the corporate might that has overwhelmed our politics.

The occupiers know that at the root of our financial collapse, bank bailout, jobless recovery and continuing housing crisis is one root cause – the undue influence of bankers and corporate titans over our political system.


So it’s left to the youth camped out in parks across the country to pose the tough questions.

They’re picking up on the strong rhetoric Barack Obama himself used back when he was a candidate about the need for fundamental change in our political system. But the president abandoned that quest, and now he’s got to raise $1 billion dollars to fund his reelection ambitions.

The occupiers have also picked up on Obama’s call for civility, with their own devotion to process and making sure everybody gets heard. The cynics are having a blast mocking the occupiers’ general assembly meetings. But the atmosphere at the occupations is a world away from the toxic cable talking point battles that have gotten the country nowhere. Let’s see who has the last laugh.

Here at WheresOurMoney, we’re offering a powerful antidote to the toxic flow of corporate money that is poisoning our democracy: a constitutional amendment to overturn the Supreme Court’s wrong-headed Citizens United ruling, which said that for purposes of political contributions, corporations are just like people. This terrible decision will only make a bad situation worse and we’ve got to start the fight against it now. You can read the amendment, get more background on Citizens United, and sign a petition here.

Going to the White House

I've been a politics geek since I was about 10 years old and I went from reading the sports page of the Detroit News to the front page. I've been reading about it, arguing about it, covering it on some level as a journalist, and some times writing about it as an advocate, ever since.
So getting invited to the White House as part of a delegation of California activists, organizers and bloggers, organized by the Courage Campaign, is a big deal. A lot of us have expressed frustration with the Obama administration for it’s unwillingness to focus on jobs and housing in a more effective way, for its embrace of the austerity agenda, and its failure to hold bankers accountable in any meaningful way for the financial collapse that the whole country is still suffering from.
I was ambivalent about going at first, because this administration has sometimes seemed so determined not to get to it, to prize elusive bipartisanship over a strong fight for what’s right, for its cluelessness about the depth of the unemployment and housing crisis that continues to cause so much misery across the country.
That cluelessness was on display again in the past few days, when the president proclaimed no deficit deal would be fair without “shared sacrifice” that would require hedge fund managers to pay higher taxes while the government cut Medicaid. Does the president really believe that the sacrifice is equivalent – millionaires having to get by on a little less while people who are dependent on the government for health care get less care?
Even in planning our visit, the White House doesn’t seem to get it. We’ll have break-out sessions on education reform, the new health care law, lesbian gay transgender bisexual issues, the environment and labor – but no session on the foreclosure crisis and housing. The administration’s efforts in this area, so crucial to California’s economy, have been particularly lame. Whether or not the president’s staff wants to focus on it, I’m sure they will get an earful.
What I will suggest to the president’s people is that he’s vulnerable because he hasn’t done enough to reduce unemployment or to address the foreclosure crisis, and because too often he has accepted the Radical Republicans’ and the deficit hawks’ terms of the debate. When the president debates on those terms, he loses. We all lose.
Still, I don’t want to give up on the administration or the people who continue to put their faith in him. I’ll go in memory of my father, Irving Berg, who would be 90 this year. He saw great promise in Obama and wouldn’t allow frustration to cause me to give up on him, or fail to participate in some effort that might set Obama on a firmer course.
We meet with the president’s top staff on Friday all day. Any messages you want me to deliver?

Consumer Protection Only Wall Street Could Love

When it comes to finding someone to head the Financial Consumer Protection Bureau that opened its doors this week, the Republicans remind me of that Groucho Marx bit: “Whoever it is, we’re against them.”

The Republicans have a pretty straightforward position:  they’ve made it clear they’ll only be satisfied with one kind of financial consumer protection agency: one that’s dead, buried and incapable of causing the big banks any trouble.

Meanwhile, President Obama is caught between his promises to create a powerful new agency to rein in Wall Street and his need to raise $1 billion to fuel his reelection campaign.

So the president dissd the highly articulate Elizabeth Warren, who came up with the idea for the new agency and who has been a down-to-earth, no-nonsense advocate for consumers for decades, in favor of the former Ohio attorney general, Richard Cordray.

Republicans don’t like Cordray, who enjoys a decent enough reputation any more than they liked Warren. Obama could have waged a political popular fight in favor of Warren and real protection but he didn’t.

How come? On the one hand President Obama would prefer not like to see one of the signature achievements of his financial reform effort strangled in its crib.

On the other hand Wall Street doesn’t like even the whiff of anybody   implying that the bankers might take advantage of their customers let alone anybody actually trying to do something about it.

Based on his weak negotiating efforts so far, Obama and the Democrats are perfectly capable of accepting some form of the proposal offered by Sen. Jim Moran, R- Kansas, which would turn the real power over the CFPB to a committee, preserving consumer protection in name only. Obama and the Democrats can run on that with the same gusto the president is pretending that the faux financial reform actually reined the Wall Street fraud and excess that led to the 2008 financial collapse and bailout.

Democrats and Republicans are competing hard, less for the affections of voters and more for the mountains of cash beckoning to them from Wall Street and corporate coffers.

In calculating whether to keep their promise to protect consumers or whether to bend to Wall Street, the president and the Democrats know that the Democratic voters have no other place to go right now; they are unlikely to swing to the “We’re against it” party even as much as Obama disappoints them

But Obama and the Democrats know Wall Street, which was generous to them in 2008, does have a choice. The Republicans are wooing Wall Street hard, though the Republicans’ knuckleheaded stance on the debt ceiling makes them look more like surly juvenile delinquents than a party with an interest in actually governing.

Time will tell whether the Democrats or the Republicans will actually allow the new agency to do real consumer protection or if they will thwart the majority’s will in favor of Wall Street’s.

 

 

While Country Suffers, Politicians Rake it in

While our politicians tell us the country is broke, they themselves are doing fine.

In the midst of debt ceiling hysteria, President Obama and the Democrats bragged they’d raised an eye-popping $86 million so far for his presidential campaign.

The various Republican candidates who have reported their cash have raised about $35 million so far, but it’s early yet.

Meanwhile the Republicans oppose any revenue-raising or loophole-closing that would be favored by a majority of Americans. Republicans continue to insist that increased taxes on the wealthiest would be job-killers, even though there’s no evidence to support their position.

For his part, President Obama, in an effort to appease Republicans, offered up a variety of cuts to Social Security and Medicaid that would be opposed by a majority of Americans.

Cutting services for those that need it most is what Obama calls “shared sacrifice,” though no one who could actually afford it is actually being asked to make any sacrifices.

As to the major challenges facing the nonrich – joblessness and foreclosure – those are beyong the skill and imagination of our leaders to grapple with.

The Republican strategy seems to be standing pat in the belief that the president will eventually cave in.

The president’s strategy appears to be to tie the aged, poor and vulnerable to the train tracks and then blame the Republicans when the train runs them over.

President Obama’s campaign manager, Jim Messina, was proud that most of the $86 million was coming from small donors. I don’t doubt that a big chunk of that money comes from people who are justifiably scared stiff of turning the country back over to the Republicans, who never complained about the deficits when the previous occupant of the White House when he was running them up.

I understand the big donors. They get access and influence. But do the small donors have any influence? Do these small donors really believe that having the aged and infirm give up a chunk of their security amounts to sharing sacrifice? Can they make their voices heard along with their $5 donations? Or do they just have to go along with the president and the Democrats and whatever deal they make?

On Saturday morning we got news that the president would not appoint the stalwart consumer advocate to head the agency she dreamed up to protect financial consumers, and which she has been working to set up.

I wonder whose interests the president was thinking about when he made that decision – his Wall Street and corporate donors or those small donors his campaign manager was bragging about?

 

 

 

 

 

Mortgage Frauds, Official Shenanigans

Just how did the biggest bank fraud in the nation’s history go on with the full knowledge of authorities for 7 years?

Apparently, without much trouble.

Earlier this week, a judge sentenced Brian Farkas to 30 years in prison. He was the head of one of the country’s largest non-depository mortgage companies, convicted of a multibillion-dollar fraud that has been labeled the largest in the country’s history. The case was brought to prosecutors by the bailout’s former special inspector general – after a bank associated with the mortgage company tried to rip off the Troubled Asset Relief Program for $550 million.

Prosecutors said they sought the tough sentence as a deterrent, though bankers might not get the message.

Writing in the New York Times, white-collar criminal law expert Peter Henning said more respectable executives at bigger companies “perceive themselves as different from – and often better than – those who have been caught and punished, even if they are not.”

But one of the most outrageous aspects of the case has nothing to do with Farkas’ behavior: It has to do with how a government-sponsored  agency, Fannie Mae, found evidence of his wrongdoing  in 2000 and didn’t report it. According to court testimony as reported by Bloomberg News and the New York Times, when Fannie Mae found out that the bank was selling loans that had no value, the agency merely cut its ties with the bank.

Another government-sponsored agency picked up the business a week later, Bloomberg reported.

William Black, a former bank regulator who has been a sharp critic of the current administration’s lack of aggressiveness in investigating fraud in the wake of the 2008 financial collapse, told Bloomberg: “If there had been a criminal referral, Farkas would have gone to jail in 2002.”

Farkas’ firm, Taylor Bean remained in business for another 7 years before it collapsed in August 2009.

The confidential agreement to disentangle Freddie Mac from Taylor Bean was overseen by Freddie Mac’s general counsel, Thomas Donilon, who now serves as national security adviser to President Obama.

It’s not the first time Donilon’s actions have been called into question: while he was a lawyer in private practice, he led lobbying efforts to undermine the credibility of an investigation into Fannie Mae’s shaky finances in 2004.

It’s worth cheering that prosecutors finally successfully prosecuted a major case stemming from mortgage crowd. But it’s also worth noting that the perp does not come from the ranks of the nation’s too big to fail banks.

It’s also worth noting that Donilon’s conduct in the financial collapse didn’t get him cast out as a pariah, it won him one of the most important jobs in this administration.

 

 

 

 

 

 

 


Get Off Corporate Crack

I spent last week at the Netroots Nation conference in Minneapolis, a gathering of activists who embrace the progressive label in one way or another.

The news media was there in force, churning out stories about how these progressives are dissatisfied with President Obama’s performance. That’s especially true in his handling of the economy, where unemployment is still too high, the foreclosure crisis is still rampant, the financial sector still hasn’t been adequately reformed after its excesses and Wall Street lobbyists have tangled up in knots even the meager attempts to regulate bankers.

One refrain summed up the frustration with the president’s performance on the economy: “No one has gone to jail.”

But beyond the venting that the media focused on was another, potentially bigger story that has the possibility of leapfrogging the divide between left and right.

That was the emerging demand for a mass movement to rid our politics of the corporate funding that has been as devastating as crack cocaine was in the streets.

Our politicians are hooked on corporate crack, and they will do anything and say anything to get it. They will break any promise, without caring how foolish and hypocritical they look.

This corporate money undermines both parties: Democrats promise to protect workers and consumers but end up promoting ineffective half-measures, while Republicans express support for the free market but actually support the unfettered power of a corporate oligarchy.

I had the opportunity to point out a recent example of how this corporate crack makes fools out of politicians and even the president of the United States during a Netroots session with Jeremy Bird, national strategy adviser to the Obama campaign.

I recounted how one day after reading about a secret meeting between Obama and his Wall Street donors at the White House, I received an email from Obama asking for five bucks, promising a different kind of fundraising campaign that didn’t rely on fat cats.

“Which is it?” I asked Bird. You can read Roll Call’s account here.

Bird responded that Obama’s “multi-faceted” fundraising wouldn’t take money from political campaign committees or lobbyists,  but Wall Street contributions are welcome.

Does the president really see a distinction, or is he just hoping no one is paying attention?

If the politicians are counting on people feeling too cynical and helpless to take action, that may be changing, sparked by the U.S. Supreme Court ruling in Citizens’ United, which said that corporate campaign contributions are a form of free speech so they cannot be restricted.

During another session, John Nichols, the Nation’s crusading Washington correspondent issued a fiery call for a nationwide movement to promote a constitutional amendment to undo Citizens’ United.

He compared the potential impact of such a movement to the impact of  the movement for a constitutional amendment to ban abortion. Though the “right to life” movement hasn’t achieved success. Nichols said, it has changed the nature of the debate.
Back on the subject of overturning Citizens’ United, Nichols said, “I can live without the actual constitutional amendment. But I can’t live without the movement.”

We need a movement that labels corporate crack exactly what it is.  It’s not speech. It’s bribery.

 

“If We Build It, He Will Come”

Washington has become Wall Street’s “field of dreams.” There, the money conglomerates engage in their beloved sport of financial speculation, cheered on by a small but powerful group of public officials who have sold out the rest of the country.

Deregulation was a home run for the financial industry. Wall Street’s friends in Washington sacked the rules of the game, unleashing the hedge funds, banks, investment firms, insurance companies and other speculators who made billions before the crash, then got billions more from the taxpayers after the crash.

Meanwhile, as today’s New York Times points out, almost nothing has been done about “derivatives,” the virtual technology for the speculation that drove our economy into the dugout three years ago. Federal agencies that were supposed to issue new regulations to prevent another debacle have been tied up in knots by Wall Street lawyers.

Jobless and fearful for their kids’ future, people are furious about what happened.  But it was always going to be a daunting task to mobilize the public behind the necessary reforms when they are so complex, and anything drafted to appeal to directly to Americans’ wallets – say, by providing a cap on credit card interest rates, or low-rate mortgages, or other forms of financial relief – would have inspired the financial industry to retaliate with nuclear weapons. Neither the President nor anyone in Congress were willing to start that fight, principled as it would have been.

So it has all come down to Elizabeth Warren, the brainiac Harvard law professor who suggested, in a law review article in 2005, that Congress create a new federal agency with the mission of protecting consumers against false advertising, misleading contracts and the general thievery of the financial industry.  Democrats proposed the agency as part of the Wall Street reform legislation in 2009, and after the industry thought they had whittled it down to something they could easily live with – or simply get around – Congress created the Consumer Financial Protection Bureau and the President signed it.

Warren was the obvious person for the job, and almost immediately Americans began calling on President Obama to nominate her for the post.

What Wall Street didn’t realize at first is that it is way, way easier for Americans to get behind a human being than a thousand-page piece of legislation that has been lawyered and lobbied into mush. America has become a celebrity-driven culture, and while Elizabeth Warren is no Lady Gaga, she is one of a small number of outsiders that have occasionally busted up the D.C. establishment – just as Ralph Nader did in the 1970s, and Jimmy Stewart fictionally did in the Frank Capra movie “Mr. Smith Goes to Washington.”

Whether President Obama will nominate Warren to the position has become the defining question of his Presidency for millions of Americans, especially those who voted for "change we can believe in" in 2008.

When confronted with demands by civil rights leaders to take action against racial discrimination in the late 1930s, President Franklin Roosevelt’s legendary retort was “make me do it.” Whether he ever said that, the strategy he suggested is literally page one of the best manual for citizen empowerment and political organizing.

Let’s put it in more contemporary terms. President Obama has made it clear he doesn’t want to nominate Warren. It’s just another fight he’d rather not have. He embraces consensus, not controversy.

But the President has to know she’s the best person for the job. So the burden is on Americans to make it impossible for him not to nominate her. Part of that means punishing the people who are working against her – members of Congress, and those in the Administration – because they are doing Wall Street’s dirty work. These are the same people who let Wall Street plunder our nation and then bailed Wall Street out with our money.

My guess is, we can make Obama do it.