Blame game won't help distressed homeowners

There’s a big pile-on, calling for President Obama to fire the housing bureaucrat who’s blocking the latest administration housing initiative to reduce principal for underwater homeowners.

Ed DeMarco, who heads the Federal Housing Finance Agency, which oversees Fannie Mae and Freddie Mac, is a Republican holdover appointed by President Bush.

Though DeMarco is supposed to be only acting head of the agency, President Obama has never replaced him.

Now DeMarco is refusing to allow Fannie and Freddie to implement a recent initiative that would offer principal reduction to homeowners who owe more or their mortgages than their homes are worth since the housing bubble burst.

DeMarco’s position is full of holes: he’s worried that if the government doles out principal reductions to some homeowners, homeowners who don’t qualify will lower their incomes and get behind on the their mortgages just to get in line for a principal reductions.  And DeMarco claims that principal reduction would be bad for taxpayers, even though his own agency’s research proves him wrong.

Lots of smart folks, including the New York Times’ Paul Krugman, are calling on the president to fire DeMarco. For Krugman and the Democrats, it’s just the latest example of Republicans blocking the President and the Democrats at every step from fixing the economy.

It’s certainly true that Republicans have done nothing themselves to get the economy going and focused solely on demonizing the president and the Democrats.

But do you remember that fiery speech the president gave blasting the presumed Republican presidential candidate, Mitt Romney, for his do-nothing approach to the foreclosure crisis?

Do you remember the president’s strong speeches blasting Republicans’ efforts to blame the foreclosure crisis on borrowers rather than the big banks?

Neither do I.

Is it the Republicans’ fault that the president and his administration have pursued one failed strategy after another that propped up too big to fail banks while not substantially helping homeowners?

Is it Republicans’ fault that the president abandoned one of his campaign promises and failed to push for what could have been one of the most effective strategies to force intransigent banks to renegotiate with strapped borrowers – so-called judicial cram-downs of mortgage debt in bankruptcy court.

That would have allowed bankruptcy judges to reduced mortgage debt as they can other kinds of debt. But it would have accomplished the larger purpose of encouraging bankers to renegotiate with borrowers before they ever got to bankruptcy court.

Only now, after more than three years, when there is a real, live Republican to blame, has Treasury Secretary Timothy Geithner come out swinging – not with aggressive new policies, but against DeMarco.

Two astute observers of government response to the foreclosure crisis, David Dayen at Firedoglake and Yves Smith of Naked Capitalism have pointed out that the Obama administration has been slow to embrace principal reduction in the first place or to convince the public that it’s needed.

In addition, the administration needs to do more to overcome another huge hurdle: under the tax law, the amount of principal reduction will be taxable when a temporary exemption expires at the end of the year.

By all means, the president should fire DeMarco. He should embrace a fight with Republicans when they try to block a permanent appointment to the post. But that should only be the beginning. He should also fire Tim Geithner, who has directly overseen so many of the administration’s previous attempts to deal with housing, which range from the merely feeble to incompetent and downright disastrous. As Neil Barofsky points out, it’s Geithner himself who has stood in the way of principal reductions previously.

If the president and the Democrats are just interested in politics, using DeMarco as a scapegoat will probably help them score some points. But if they’re serious about using principal reductions, the president needs to tackle the opposition directly and convince the public that principal reduction can be a useful tool. And President Obama needs to confront the arguments against them forcefully, whether those arguments come from foot-dragging bankers and investors or dug-in Republicans.

 

Foreclosures / Martin Column - 08/06/2012

Obama and Romney share bed with a monster

How’d you like your own private court, tilted in your favor, where you could take your complaints against the government?

Pretty sweet deal, huh?

That’s exactly what a bunch of corporate lobbyists are setting up in secret right now, under the guise of negotiating a massive new trade agreement called the Trans-Pacific Partnership.

And this slimy secret deal is being pushed by the Obama administration.

It’s a complete betrayal by President Obama, who as a candidate campaigned strongly against previous secret trade agreements, like NAFTA, that cripple government’s ability to enforce their  own worker safety, environmental, public health or financial regulation. In an effort to distinguish himself from his primary opponent, now Secretary of State Hilary Clinton, the president said: “Ten years after NAFTA passed, Senator Clinton said it was good for America…Well, I don’t think NAFTA has been good for America — and I never have.”

As a candidate in 2008, President Obama also said: “We can’t keep passing unfair trade deals like NAFTA that put special interests over workers’ interests...”

Since he became president, he’s signed trade agreements with South Korea, Panama and Colombia. But the TPP, which includes along with the U.S, Australia, Brunei, New Zealand, Singapore, Chile, Peru and Vietnam, and Malaysia, is the first trade deal created solely on President Obama’s watch. And it’s being concocted just like previous trade negotiations: with the corporate lobbyists firmly on the inside and the rest of us, as well as our elected representatives, shut completely out.

If you’re waiting for the Republicans to raise a stink, don’t hold your breath.

Mitt Romney has already said the Trans-Pacific agreement should be pushed through as quickly as possible. The Republican presidential candidate’s support for TPP is also a foul betrayal  – of all the free market principles he supposedly holds so dear.

Last week, Public Citizen’s Global Trade Watch ripped the cloak of secrecy that surrounds the TPP when it got hold of a document that detailed the secret court and leaked it.

I wrote about the dangers of the TPP back in April, calling it a “free trade Frankenstein,” a monster that in fact is not free and has nothing to do with trade. It should be called a “corporate bill of rights” that grants big business all kinds of special privileges to stomp on the rights enjoyed by the rest of us.

Lori Wallach, Global Trade Watch’s executive director, compared the TPP to another monster, one that also flourishes in the dark.

Wallach told Democracy Now that “these agreement are a little bit like Dracula. You drag them in the sunshine, and they do not fare well. But all of us, and also across all of the countries involved, there are citizen movements that are basically saying, `This is not in our name. We don’t need global enforceable corporate rights. We need more democracy. We need more accountability.’ ”

Wallach pointed out that under similar provisions in NAFTA, special “trade courts” have forced governments have paid out $350 million to corporations which claimed to have been wronged by a variety of zoning laws, bans on toxic materials and logging regulations.

Shame on President Obama for reversing himself and hatching this monster in the dark. Shame on Governor Romney for slithering into bed with it so cozily as if it was a beauty queen he couldn’t resist.

The time to stop it is now.

The way these trade deals work is that the administration jams it through Congress with no debate allowed on its various provisions, only an up or down vote.

Does this sound anything like democracy?

Ironically, the TPP “negotiations” resume the 4th of July weekend at the Hilton Bayfront in San Diego.

If you’re in the neighborhood, stop by and suggest that the “negotiators” should do their patriotic duty and deliver the wretched mess where it belongs – to the nearest toxic waste dump.

If you’re elsewhere, let your congressional representative know you won’t be fooled by “free trade” anymore, and neither should they.

We know a monster when we see one.

 

Martin Column / President Barack Obama / TPP - 06/16/2012

Identity Theft in the Matrix

Something weird occurred on my TV when I happened to catch a few minutes of the Madrid Tennis Open on Sunday. Whatever technology these stadiums use to provide constantly changing television advertisements along the sides of the court wasn’t working too well. Some of the furniture on the clay itself seemed to be dissociating on an atomic level. A chair looked as if it was disappearing in a shimmering blue cloud. It was like that moment in the movie The Matrix when the reality of the unreality becomes apparent to Neo – a house cat vanishes for a split second, then reappears.

The technical snafu made the match pretty hard to watch, so I reverted to the New York Times, where columnist Thomas Friedman happened to be expressing astonishment at the profound influence of corporate marketing values on American society. Few have written more enthusiastically about the spread of capitalism worldwide than Friedman, so it was surprising to hear him say he “had no idea” that famous authors, revered sports players and even public institutions have all bartered their identities for corporate cash.

Just then, Roger Federer won the match. “Watch this,” my wife said in a moment.  “He’s going to reach into his gym bag and pull out an expensive watch, so he’s wearing it when he gets the award.” Sure enough, with a bemused grin – I took it to be a guilty “ok, I have to do this” sort of look – Federer theatrically slipped his sweaty hand into the bag and slowly pulled out a gleaming Rolex, which he then slid onto his wrist.

I’m no slouch when it comes to tracking the commodification of our culture – a Ralph Nader spin-off, Commercial Alert, has been quietly raising the issue for years – but I’d never witnessed someone of Federer’s stature actually engage in a corporate sponsorship ritual, one which happens to be well known to tennis fans.

The impact of celebrity endorsements and the promotion of products in TV shows and films is more than just an idle curiosity. For many years, Americans were urged to close the gap between the lifestyle they aspired to – as displayed in the entertainment media – and the economic reality of their lives by borrowing on their homes and credit cards. This masked a gaping and painfully growing chasm that is now the topic of conversation only because Wall Street flushed the toilet on our economy a few years back.  Where once you too might have been able to pull a beautiful watch out of your duffel courtesy of a JP Morgan Chase credit card, that’s no longer possible for many.

Even more insidious than dictating our personal dreams and values is the corporate capture of our political identities. In that sense, the United States Supreme Court’s infamous decision in Citizens United symbolically acknowledges what had long ago become the Golden Rule of American democracy: those who have the gold, rule. By bestowing human rights upon corporate entities, and equating spending money to buy elections with freedom of speech, Citizens United locked in a system of legalized bribery that locks most Americans out of the electoral process that is our birthright.

Sure, we still have the right to vote. But the choices we are offered are usually determined by a political establishment mostly dominated by corporate money and a vast apparatus of election consultants, public relations hacks and lobbyists.

Every corporate dollar spent on candidates and elections pays an enormous return on the investment.  The Money Industry gave $5 billion to federal officials in the ten years leading up to the 2008 financial debacle, as we documentedin 2009 (PDF). The result: “bipartisan” decisions by lawmakers and the executive branch stripping away decades of legislation designed to protect America against lunatic speculation. Liberated, Wall Street gambled till it lost everything. Cost to American taxpayers: hundreds of trillions of dollars in bailouts, lost jobs, battered businesses, devastated communities – a Depression. Heads they win, tales you lose.

A recent study by academics at the University of Kansas examined how a particular federal tax break for multinational corporations became law, and what happened after that. They calculated that for every $1 spent on lobbying in favor of the tax break, the companies were spared $220 in taxes – a return of 22,000%.

Last week’s revelation that JP Morgan Chase had lost $2 billion through trading practices that are supposed to be illegal under the financial reform law passed by Congress in 2010 begged the question: how did they get away with it? Answer: JP Morgan Chase spent millions on lobbyists whose job was to weaken the law, and delay its implementation. The current draft of the federal regulations required to enforce a key provision of the law is a 298-page monstrosity; thanks to JP Morgan’s lawyers, it’s loaded with political booby traps and sabotaging IEDs that will utterly neuter the law, if it ever takes effect.

Mission accomplished.

With staggering results like these, it’s no wonder that the corruption of American politics is now an industry itself. The Times estimates its size at $6 billion a year, and reports that a series of mergers and acquisitions is creating a corporate lobbying conglomerate where the best and brightest – including retiring members of Congress – alight.

This is the Invisible Government that used to be the topic of novelists and conspiracy theorists. In the celebrity-driven entertainment Matrix, it’s easy to miss if you aren’t looking around and wondering what’s going on.

 

Harvey Column / Paul Volcker / Supreme Court / Too Big To Fail - 05/15/2012

The Right to Remain Silenced

Here’s another stark inequality that has come to characterize our nation: for every 99 Occupy Wall Street protestors who’ve been arrested, about one millionth of one fat cat has been arrested. Okay, I realize you can’t arrest a tiny slice of a fat cat, no matter how fat, so let me put it this way: Over a thousand Americans have been arrested around the country for protesting Wall Street in recent weeks, according to estimates. But after a half hour scouring the web, I can only find a handful of  instances of financiers or speculators being arrested for causing the collapse of our economy back in 2008 – that’s out of the hundreds of thousands who work for the Money Industry. Not one of the titans of Wall Street – the hundred-million-dollar-a-year wizards who were manipulating our economy for their personal pleasure – have been perp-walked into a paddy wagon, much less prosecuted.

The internet’s aflame with this irony, so there’s no point in belaboring it.

More important, but far less noticed, is the nature of the crime for which most of the 99% protestors have been arrested:  exercising what many Americans consider basic First Amendment rights – the freedom of speech and assembly. As we’ve witnessed over the last few weeks, in many places in this country you have no First Amendment right to walk down a street, sleep in a park, enter a public building. This isn’t anything new: under many court rulings interpreting the US Constitution, government can place “reasonable” restrictions on your rights, so as to protect the rights of others not to be disturbed.

That made sense back when “rights” belonged only to human beings.

But we now live in a new day, under a different view of the Constitution, courtesy of five members of the United States Supreme Court. According to their infamous decision in the Citizens United case, corporations have the same First Amendment rights as human beings when it comes to the freedom to express themselves by spending money to buy elections or influence votes.

There’s just one hitch to the Supreme Court’s equation of humans with corporations: when corporations exercise their First Amendment right to spend money, they completely overwhelm the First Amendment rights of humans. Sure, you can exercise your First Amendment right to donate a few bucks to a candidate for public office, or to a ballot initiative. But once a corporation opens its bank vault, your freedom of speech right is obliterated.

It used to be that the Supreme Court upheld laws that put “reasonable” restrictions on corporate spending in politics, under the theory that one person’s exercise of their rights should not disturb another’s. But Citizens United stripped that quaint notion from the law books. Until we amend the Constitution, the fat cats get to make the laws and break the laws. The rest of us have the right to remain silenced.

This travesty of democracy is now laid bare in cities and towns throughout the United States. There’s been plenty of fun poked at the strange hand gestures developed by the Occupy Wall Street supporters to substitute for applause or boos – so as not to disturb the peace of the nearby corporations. Protestors who dare to up the decibel level by using more advanced technology – a megaphone – in a public park in New York City, in the hope they can make themselves heard merely across the street, face arrest. Meanwhile, up in the executive suites, a small number of stupendously wealthy and powerful individuals order billions of dollars worth of lobbyists, lawyers and propaganda pumped into our democracy every year. It’s a deafening and unstoppable inundation… intended to make sure no one can hear what the rest of us have to say.

Citizens United / Harvey Column / Occupy / Outrage / Supreme Court - 10/24/2011

Rearranging the Deck Chairs Tonight

U.S. Senator Mark Udall, Democrat of Colorado, thinks Republican and Democratic members of Congress should sit with each other, rather than separately by party, when President Obama makes his State of the Union speech tonight in the Capitol. In a letter to the leadership of the House and the Senate that has gotten a lot of attention in D.C., Udall said that “partisan seating arrangements at State of the Union addresses serve to symbolize division instead of the common challenges we face in securing a strong future for the United States…. The choreographed standing and clapping of one side of the room – while the other side sits – is unbecoming of a serious institution.  And the message that it sends is that even on a night when the President is addressing the entire nation, we in Congress cannot sit as one, but must be divided as two.”

Udall is right about the symbolism of the tradition, which dates back two centuries, but his proposal is just more symbolism.

This isn’t one of those dinner parties where the hosts break up the married couples to inspire more lively conversation. Sitting next to each other isn’t going to stop the Democrats from applauding, or the Republicans from sitting on their hands or worse, like when a congressman from South Carolina screamed “you lie” during a health care speech by Obama to a joint session of Congress in 2009, or when at last year's State of the Union, Supreme Court Justice Samuel Alito visibly disagreed when the President criticized one of the Roberts court’s more extreme examples of judicial activism. With differences so deep, putting congresspeople within reach of each other may not be a good idea at all.

So what exactly is the attraction of Udall’s proposal? As in every mass tragedy in recent years – from JFK’s assassination to 9/11 to the carnage in Arizona – there is a brief period in which people want to reach out, beyond politics, for reassurance that we are all, or at least most of us, still human beings. We’re still within that gauzy penumbra. Speaking in Tucson, Professor Obama got high marks from the opinionators and the public for pointing out that incivility cannot explain insanity – and thus smothering the debate over the name-calling and extreme partisan politics of our era. But is that really the problem in America today?

True, the majority of Americans probably are uncomfortable with the current decibel level. We remember wistfully an America when things were better all around – or perhaps merely seemed so. But there is, without any question, plenty of reason to be angry right now. Not since the Depression have so many people suffered while so few prosper. Our American spirit has been shaken, maybe shattered. We have been betrayed by those we entrusted to protect us.

I don’t agree with many of the loudest, angriest people, but I don’t blame them for being loud or angry.

Sometimes that’s the only way you get things done.

Addressing another exercise in symbolism – a new non-profit political organization called “No Labels” dedicated to “bipartisanship” – New York Times columnist Frank Rich recently made the point: “The notion that civility and nominal bipartisanship would accomplish any of the heavy lifting required to rebuild America is childish magical thinking, and, worse, a mindless distraction from the real work before the nation.”

When you look at what has happened to this country, the dire conditions at home and the dangers we face abroad, and what we have to do to make sure our kids have some measure of the security and prosperity we enjoyed, talking about where members of Congress sit is like rearranging the deck chairs on the Titanic.

Congress / Harvey Column / Outrage / President Barack Obama / Uncategorized - 01/25/2011

Don't Foreclose on the Rule of Law

As the foreclosure process implodes in the U.S., the big banks and their defenders are scrambling to defend the mess they’ve created, dismissing serious legal issues as mere technicalities.

I covered courts as a reporter for years and I learned something about legal technicalities.

What I learned was that whenever some lawyer started dismissing some legal rule as a technicality, they were about to try to heave some of their adversary’s fundamental rights out the window.

In the foreclosure mess, those adversaries would be the banks’ former business partners, their borrowers, the people they loaned money to.

Now the big banks are trying to dismiss the rules that govern the foreclosure process as legal technicalities.

Take for example the Florida case in which a judge ruled earlier this year that a document that was supposed to show that U.S. Bank owned the mortgage in December 2007 wasn’t created until the following year. The document filed by the bank, the judge wrote in March, “did not exist at the time of the filing of this action…was subsequently created and…fraudulently backdated, in a purposeful, intentional effort to mislead.” She dismissed the bank’s case.

The bank’s lawyer blamed carelessness. He explained: “Judges get in a whirl about technicalities because the courts are overwhelmed....The merits of the cases are the same: people aren't paying their mortgages.”

One of the other things I learned was that judges tended to use very precise wording in their rulings. If the judge in the Florida case was feeling overwhelmed, she didn’t mention it. What she did say what that somebody had fraudulently created a document.

That’s not a technicality. And it doesn’t matter if you’ve been making your mortgage payment or not. Banks are not allowed to foreclose on a home using fraudulent documents. Period.

One of the aspects of the rule of law is that it applies the same to everybody: a bank isn’t allowed to submit fraudulent documents to a court any more than a pauper is. That’s not a technicality. That’s the rule of law.

In the most recent brouhaha, a number of big banks, Ally, PNC Financial, J.P. Morgan Chase and Co and Bank of America, have acknowledged that their officials didn’t actually read key foreclosure documents before submitting them in court. Some documents appeared to have been forged; others appeared to contain false information.

A number of state attorney generals across the country have threatened legal action against the banks. Faced with a firestorm, some banks have voluntarily halted foreclosures in 23 states: the ones where judges oversee foreclosures. Only Bank of America has halted foreclosures in all 50 states.

One of the first banks to acknowledge that its own paperwork hadn’t been properly reviewed was Ally Bank, formerly known as GMAC. The latest controversy wasn’t the first time GMAC’s legal work on foreclosures came under scrutiny.

In 2006, Bloomberg News reported, another Florida judge sanctioned the company, finding that it submitted false affidavits to the court in a foreclosure case. The judge ordered GMAC to submit an explanation, certify that its policies had changed and pay the opposing party’s legal costs of more than $8,000.

As a result, GMAC’s legal department issued a statement that told employees “not to sign verifications on court pleading documents unless you have independently reviewed and checked the facts.”

The new policy, the Journal reported, was distributed in June 2006; it also stated in italics and boldface that GMAC employees should sign documents only in the presence of a notary. GMAC told the court  that the policies were “being corrected.”

Three and a half years later, a GMAC employee said in a deposition that his team of 13 people signed about 10,000 documents a month without reading them.

Deborah Rhode, a Stanford Law professor, told Bloomberg, “It’s not ‘technical’ when people attest under oath to knowledge they don’t have, and it doesn’t matter that in fact there isn’t actual error or discrepancy,” Rhode said. “Any court would take this very seriously.”

Bank of America (BoA) / Foreclosures / Martin Column - 10/10/2010