Obama to Corporate Persons: And This is How You Thank Me?

Poor President Obama. Confronted with an economic catastrophe when he took office, he made a decision – well documented here and here, for example – to save the financial industry from its own misdeeds, foregoing the opportunity to obtain from the Wall Street CEOs any kind of quid pro quo for beleaguered taxpayers and homeowners. And what does he get in return?

Wall Street contributions to the President’s re-election campaign are down 68%, reports the New York Times.

There’s also been a drop in financial support from some of those who were all-in to elect him in 2008.  Some big-name progressive donors, dismayed by the President’s inability to hold the line on everything from foreclosures to a public health care option (which likely would have survived the Supreme Court’s widely expected invalidation of the health care reform law), are sitting this one out – at least for the moment.

Unfortunately, the worst is yet to come for the President, courtesy of the same Supreme Court. Freed from campaign spending restrictions by the court’s ruling in Citizens United, the highly-skilled right wing corporate apparatus is aiming to raise $500 million in “super PAC” money to beat Obama. Pro-Romney super PACs have already out-raised those supporting the President by a factor of eight.

This comes as no surprise to those familiar with the way big business behaves in public.

If corporations are people, as the Republican majority on the Supreme Court says, then the defining trait of the modern corporate personality is ingratitude. When all the federal bailout programs are totaled up (including indirect assistance like being able to borrow taxpayer money at super-low interest rates), Wall Street and many other firms got somewhere around $14 trillion in financial aid from Washington.

Had that money been put in the hands of the American people, it could have paid off every mortgage, credit card and car loan in the United States.

Like President Obama, we are still waiting for our thank you note from corporate America.

Instead, we get surging credit card interest rates, skyrocketing gas prices, outrageous health insurance premium increases and, adding insult to those injuries, the imposition of undisclosed inflated fees by cell phone, airline and other companies for the dishonest purpose of charging hapless consumers more than the advertised price.

Hence the need for parental supervision of corporate persons, also known as "regulation."

Corporate money had already eroded the democratic process under the patchwork of campaign finance laws that pre-dated Citizens United. Our report, “Sold Out: How Wall Street and Washington Betrayed America” (PDF) gets right to the bottom line. Between 1998 and 2008, Wall Street invested $5 billion in Washington, a combination of money for lobbying and campaign contributions that won deregulation and other policy decisions that enabled the Money Industry to do as it pleased. The ensuing orgy of unbridled speculation came to a halt in 2008 when the big banks threatened to shut down the system unless they got trillions of dollars in loans, tax breaks and other taxpayer bailouts.

But by deregulating corporate money in Citizens United, the U.S. Supreme Court has empowered a crime wave of corporate influence peddling that will dwarf anything this country has ever seen.

Take, for example, Sacramento – California's integrity-free zone.

$ A half-decade-long battle to force health insurance companies to open their books and prove they need rate increases was crushed by industry lobbyists, forcing angry consumers to mount a ballot measure of their own.

$ A package of bills backed by the state’s Attorney General to prevent banks from abusing the home foreclosure process – dubbed the “Homeowners Bill of Rights” – has been blocked by the banking industry, which spent over $70 million on lobbyists and lawmakers in California between 2007 and 2011.

$ A bill that will deregulate telephone service, sponsored by the state’s two biggest phone companies, AT&T and Verizon, is sailing through the state legislature, much as electricity deregulation did in 1998 – to disastrous consequences for California taxpayers.

Once upon a time, average citizens might have had a voice in these policy debates.  Now that corporate America is locked and loaded, we don't stand a chance.

Citizens United / Harvey Column / President Barack Obama / Supreme Court - 04/23/2012

Corporations Gone Wild

It’s a magnificent time to be alive – if you’re a giant corporation, that is.

Spring is here, and after a deep chill, the mighty mega-businesses are not merely reborn, but blossoming. “Big U.S. companies have emerged from the recession more productive, more profitable, flush with cash and less burdened by debt,” swoons the Wall Street Journal.  The seductively sweet smell of speculation – in mortgages, derivatives, oil, wheat – once again fills the air. Amidst the giddy exuberance of the stock market, why dwell on the dreary conditions among the human population, where one out of every six Americans lives below the poverty line, one of every ten is out of work, and one of every five homes are worth less than the loans that secure them?

Oh to be young, free and incorporated – preferably in an island like Bermuda.

Being a Big Business wasn’t always so much fun. For a long time, corporations had to obey the same rules as the rest of us. And after Wall Street drove America into a ditch four years ago, Corporate America was hurting, too. True, many of us never really thought of inanimate objects as capable of suffering. And come to think of it, I never did meet a homeless corporation (though I’ve encountered many a crooked one). But with bailouts, special tax breaks, and the ability to borrow taxpayer money from the Fed at .05% interest, that painful period didn't last very long.

And then, in 2010, the U.S. Supreme Court decreed in the infamous Citizens United case that under the U.S. Constitution, corporations are the same as people and spending money is a form of free speech. So when corporations write checks, it’s the same as you and me speaking. And corporations have the right, under the First Amendment, to use money to buy public officials and purchase elections.

Corporate America’s been partying like its in Ft. Lauderdale on Spring Break ever since.

As you might expect from a climate of unrestrained corporate debauchery, there’ve been some ill-fated hook-ups, like AT&T and T-Mobile (the annulment cost $4 billion). But don’t worry about a newly rejuvenated Ma Bell not having any BFFs. Its 100 million customers literally cannot dump the company, at least not without paying a massive “early termination fee.” AT&T’s allies on the Supreme Court ruled last year that the company can strip you of your right to take it to court, leaving you no way to sever the relationship if your service fails, your “unlimited” data plan gets throttled, or you get overcharged.

Big businesses were screwing people way before Citizens United and Concepcion v. AT&T, of course. But those decisions fundamentally altered the balance of power between citizens and corporations in the courts, Congress and the executive branch.

Philosophers, scientists and science fiction writers have long predicted that the moment would come when artificial creatures, created by humans, would become more intelligent than humans – a technological "singularity" projected to arrive later this century. But no one would have guessed that 2010 would become the date of the political singularity – the year in which a legal construct – a corporation – would become more politically powerful than humans.

That corporations don’t yet have all the benefits of personhood misses the point. Justice Stevens’ dissent in Citizens United  warned: “Under the majority's view, I suppose it may be a First Amendment problem that corporations are not permitted to vote, given that voting is, among other things, a form of speech.” But corporations don’t need to vote. Corporations decide who gets elected simply by dumping vast quantities of cash into elections on behalf of candidates who will do their bidding.

As a student of American civic life named Tony Montana once explained, “In this country, you gotta make the money first. Then when you get the money, you get the power.”

Citizens United / Harvey Column / Uncategorized - 04/12/2012

Capital Punishment by Corporate Proxy

There are two kinds of death penalty in this country. One of them I bet you’ve never really thought about.

First there’s the death penalty imposed by the state for particularly heinous crimes. This one’s been churning for decades – we all know about it, and many of us have strong feelings about it. In 1978, for example, California voters passed an initiative authorizing capital punishment for an expanded list of crimes. A few days ago, a coalition of organizations announced they had collected enough signatures to put a measure on the November ballot that would ban the death penalty in California.  Make no mistake: this is one of those social issues that inspire passions of biblical proportions. Whichever way voters go on this, it’ll be an intense, high visibility campaign... over the fate of 719 people on California's Death Row. In 2011, California executed two people; three in 2010.

Then there’s the death penalty almost nobody ever mentions, but claims many more victims – all of them innocent.

I’m talking about the one carried out on a daily basis by corporations that put profits over people’s lives. Consider the death toll that results when insurance companies refuse to sell a health insurance policy at a reasonable price. A study by Harvard researchers concludes that nearly 45,000 Americans die each year because they lack health insurance and go without the care they need. About 5,300 of those are in California – more than the number of homicides and suicides in the state combined.

Deaths due to malpractice by medical personnel in hospitals alone are estimated at 195,000 annually.

Water, air and soil pollution is reported to be responsible for forty percent of all deaths worldwide.

Most of the corporate policies reflected in these statistics on fatalities are based on a simple financial calculus of profit v. loss. The prototypical example is the decision by Ford executives in the 1970s to manufacture a car with a known fatal defect: a gas tank that could explode in the event of a moderate car accident. The company’s engineers were aware of the flaw, but the cost of the repair – $11 per vehicle – was deemed too expensive. Ford decided it’d be cheaper to pay the medical and court costs of the victims and their next of kin. You can read Ford’s cost/benefit analysis here.

Who knows how many Americans have died an early death after losing their jobs, their homes and their life savings in the financial collapse engineered by Wall Street speculators four years ago?

Why isn't there more discussion of this form of capital punishment? As I explained in a book on medical malpractice years ago, mayhem perpetrated behind closed doors in the suites isn’t as accessible, nor as easily translated into graphic videos and television news stories, as is crime in the streets.

“Corporations are people,” Mitt Romney candidly explained to an angry American last year. The U.S. Supreme Court’s 2010 decision in Citizens United indisputably granted these inanimate creatures the freedom of speech that once belonged to humans only. Abetted by government incompetence or deliberate inaction, some corporations have gained even greater power: the power to make life or death decisions for many Americans.

I don’t mean to diminish the importance of the debate over the death penalty here in California; the point made by the supporters of the new initiative to ban capital punishment is that a relatively small number of prisoners are costing everyone else a ridiculous amount of money. But we citizens ought to pay at least the same amount of attention to the de facto death penalty that corporate greed can impose.

Citizens United / Harvey Column / Supreme Court - 03/05/2012

Tweet Charlie: Pop the Corporate Personhood Question

Now that Mitt Romney has taken a stand on corporate personhood, shouldn’t the rest of the Republican field?

Luckily, they have the perfect opportunity to all go on the record this Tuesday at their debate in New Hampshire.

They may need a little help. That’s why we’re tweeting the debate moderator, Charlie Rose, to remind him about this key issue and suggest he should pin the candidates down on their stance.

In case you missed it, Romney made his position clear at the Iowa State Fair in August, when he said, in response to an angry heckler, “Corporations are people, my friend.”

The only other Republican candidate who I found has taken a stand is Ron Paul, who came out strongly against the notion that corporations are people.

Rose also might want to follow up with Romney: if corporations are people for purposes of political contributions, why aren’t they people for the purposes of paying taxes, where they have an entirely separate set of laws that enable corporations to take advantage of all kinds of arcane loopholes, so that many of the largest companies, like General Electric, pay absolutely no taxes?

If Charlie wants to get beyond the rhetoric to the heart of the uneasy feeling most people are having about our political system, he should follow up with these questions:

Is it good for our country for corporate lobbyists to have unlimited access to our politicians to engineer trillions in no strings attached bailouts and other special treatment for their clients, while Americans without that access get screwed?

Is it OK for corporations to buy our politicians with lavish anonymous contributions, making a mockery of our democracy? 

Nothing shows the disconnect between Washington and the rest of the country better than the U.S. Supreme Court’s terrible Citizen United decision last year, which defined corporations as people under the First Amendment for purposes of influencing elections and unleashed a tsunami of anonymous corporate donations to politicians and their PACs.

Isn’t the best way to fix the corporate dominance over our politics to pass a constitutional amendment, like the one we have proposed here, to undo Citizens United?

I’m sure I’m not the only American who’d like to hear the Republican candidates’ answers to these questions. I’m sure plenty of other Americans would like to hear the answers as well.

Tweet Charlie @charlieroseshow. Ask him in your own words or feel free to send him this post.

Go ahead, Charlie, pop the questions.

Citizens United / Martin Column - 10/07/2011

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.

 

Action / Around the Web / Congress / Financial Reform Legislation / Martin Column / Outrage / President Barack Obama - 06/22/2011