The Secret Government

Aug 27, 2009Christopher Hayes

top-secret-150Writing for The Nation, Roosevelt Institute Braintruster Christopher Hayes reminds us that as the temperature rises, what methods a society uses to adjust do, in fact, matter.

top-secret-150Writing for The Nation, Roosevelt Institute Braintruster Christopher Hayes reminds us that as the temperature rises, what methods a society uses to adjust do, in fact, matter.

It is now clear that we are facing an implacable enemy whose avowed objective is world domination by whatever means and at whatever cost. There are no rules in such a game. Hitherto acceptable norms of human conduct do not apply. If the United States is to survive, long-standing American concepts of "fair play" must be reconsidered.

Though these words echo his famous endorsement of working "the dark side" in order to triumph in the "war on terror," they were not, in fact, written by Dick Cheney. They come from the Doolittle Report, which was commissioned by President Eisenhower in 1954 to craft an intelligence strategy for winning the cold war. From a strategic perspective, the threat posed by global communism, headquartered in a massive, nuclear-armed superpower with almost 6 million men under arms, and Al Qaeda, a networked, globally distributed group of thousands of nonstate actors, could not be more different. But the national security state's understanding of each as an existential threat was, and continues to be, nearly identical. The enemy is ingenious, relentless and unencumbered by the procedural and moral niceties that hamstring the bureaucrats of a liberal democracy. Victory--indeed, survival--requires us to become more like them.

And so: the CIA contracted a Mafia boss to murder Fidel Castro, sent biotoxins to the Republic of Congo with orders to poison Patrice Lumumba and tested LSD on unsuspecting citizens (one of whom jumped out of a window to his death). It fomented coups and bloodshed against democratically elected governments, while the National Security Agency, in coordination with the major telegram companies, read every single telegram coming in or going out of the country for three decades. The FBI infiltrated peaceful antiwar groups, breaking up marriages of activists with forged evidence of infidelity, while surveilling civil rights leaders with an assortment of bugs and break-ins. It even attempted to blackmail Martin Luther King Jr. into committing suicide, shipping him tapes of him midcoitus with a mistress and a note that said, "There is but one way out for you. You better take it before your filthy, abnormal fraudulent self is bared to the nation."

We know all this (and much more) thanks to the work of the Church Committee. Chaired by Idaho Senator Frank Church in 1975-76, the Select Committee to Study Governmental Operations With Respect to Intelligence Activities labored for sixteen months to produce a 5,000-page report that is a canonical history of the secret government. Over the past three decades the Church Committee has faded into relative obscurity. (I was somewhat surprised to discover how few people my age had heard of it.) But in the wake of further disclosures of crimes and abuses committed by the Bush administration and the escalating war of words between the CIA and Congress over just how much Congress knew about (and approved) these activities, the specter of the committee has begun to haunt Capitol Hill.

Mostly, the Church Committee is invoked by conservatives as a cautionary tale, a case of liberal overreach that handicapped the nation's intelligence operations for decades. Dick Cheney bemoaned the fact that his time as President Ford's chief of staff was "the low point" of presidential authority, thanks to a feckless Congress "all too often swayed by the public opinion of the moment."

But a growing chorus of voices, some of whom served on the original committee and some of whom currently occupy oversight positions in Congress, have begun to refer to the Church Committee as a model for the kind of sustained inquiry needed today...

Read the entire piece on TheNation.com

Roosevelt Institute Braintruster Christopher Hayes is the Washington, D.C. editor of The Nation and a fellow at the New America Foundation.

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American Reformation? Rediscovering a politics of action and 'democratic patience'

Aug 27, 2009Joe Costello

many-minds-one-heart-150Roosevelt Institute Braintruster Joe Costello argues for a new understanding of what it means to be a citizen in the 21st century, drawing inspiration from the Student Nonviolent Coordinating Committee, one of the key organizations of the Civil Rights Movement.

many-minds-one-heart-150Roosevelt Institute Braintruster Joe Costello argues for a new understanding of what it means to be a citizen in the 21st century, drawing inspiration from the Student Nonviolent Coordinating Committee, one of the key organizations of the Civil Rights Movement. As Costello sees it, learning 'democratic patience' --the ability to debate fruitfully with each other --is the foundation of meaningful action.

In her must-read book  Many Minds, One Heart, Wesley Hogan recounts how the SNCC showed that great power can come from small gatherings:

SNCC ( Student Nonviolent Coordinating Committee) activities within the broader (civil rights) movement reshaped the republican tradition as it was widely understood in American life. From the colonial period forward, this tradition had depended on the vision of independent yeoman--each with a stake in society--gathering to stand against distant, impersonal, and overbearing institutions. SNCC revised this republican idea of standing up to demand one's natural rights to life, liberty, and property. The struggle to realize democratic social relations was an avenue of public work that was possible only in the company of others. SNCC workers demonstrated the simple proposition that one cannot live a democratic life alone.

A couple of years ago, I visited Atlanta. My first stop was the Martin Luther King memorial in the heart of the city. I have to admit, the memorial and its buildings were not only underwhelming; they seemed to lack the memory of life. The whole thing was very cold and sterile, until I walked to the one corner of the complex, where stands the old red-brick Ebenezer church.

Walking into the church, memory instantly comes to life. A half century before, in this church and hundreds of others even smaller, in small community rooms and in living rooms spread across the South, one of the great democratic movements in American history was founded and organized. Standing in the small church, I felt instantly connected to and overwhelmed by the astounding accomplishments of the former slave population of this republic, who, standing together, nonviolently gained the enfranchisement denied them for a century after emancipation.

This memory revived as I read Wesley Hogan's Many Minds, One Heart. The book is an excellent work of American history about the Student Nonviolent Coordinating Committee (SNCC), an important element of the Civil Rights Movement that brims with important lessons for America today. Across the South, they helped inspire and de-centrally organize direct action campaigns against segregation and for political enfranchisement. Ms. Hogan's book is essential history, and most importantly, it is written with "small-d" democratic knowledge and understanding that is sorely lacking from far too much American history. The book unfolds a story of the thoughts and actions of the disenfranchised who come together to demand their natural rights as human beings and their political rights as citizens, "gathering," Hogan writes, "to stand against distant, impersonal, and overbearing institutions.”

This is the challenge we Americans face today. Both voluntarily and through subtle coercion, the majority of Americans have become disenfranchised from any meaningful politics.

It is time for us to “gather against distant, impersonal, and overbearing institutions.” Just as SNCC helped to define and enfranchise a disenfranchised people, so must we. Our republic needs to redefine what it means to be a citizen in the 21st century. We need to rebuild and evolve new practices by which citizens discuss, interact, and implement politics. We need to develop a citizen culture, and most importantly as a society, value the hard work of being a citizen.

The SNCC overcame two great barriers. The first was fear, which the SNCC met by bringing people together in small groups to discuss the challenges they faced, showing people they were not alone. Despite overwhelming odds, people could act, persevere and triumph. The beginning, one of the Freedom Riders stated simply, was this: “I lost my fear.” The second barrier the SNCC confronted was the widely held belief of political impotence, that one person's actions had neither impact nor value. In the apartheid South, whites were enfranchised, while very single day the black community saw and experienced oppressive political power.

Today, America is an extremely fearful society. Much of this flows from our disenfranchisement, from feelings of powerlessness. People are not legally disenfranchised, yet they feel politically impotent. They see and experience the power of our mega-corporations, which control our politics. “I once thought politics was what you were for or against--not what you did,” one member of the SNCC said.

This is a key insight for changing our present situation. In breaking the barriers of disenfranchisement and fear, we need to bring people together to redefine politics and create a politics not of opinoion, of “for or against,” but a politics of action. The first and most crucial step, as SNCC understood, is simply to bring people together in small meetings--the Ebenezer church, libraries, living rooms--and begin "small d" democratic conversations. We must discuss the issues of our time and how they affect each person's daily life. Without the initiation of these small conversations, there can be no political revival. Two things need to come out of these conversations, one is a necessary new political dialog and the other -- a will to do.

In these conversations, we must reintroduce a most important aspect missing from our politics: democratic patience. Hogan does an excellent job of describing this part of democratic culture. Democratic patience is not about waiting ten more years for Jim Crow to end, another five for the vote, or in our time the end of Wall Street dominance of the economy. Democratic patience is the ability to talk about difficult problems with each other, especially with people with whom we disagree. We can start by developing patience with those with whom we agree, and then we may begin to engage those with whom we disagree.

Today, democratic patience is absent from all aspects of our politics. The idiocy that calls itself political debate in this country is toxic. Our political class prizes zingers, not understanding; entertainment, not enlightenment. Our politics is not democratic; in fact, it is oppressively doctrinaire. Without healthy political dialogue, there can be no healthy politics -- and without patience, there can be no dialogue.

Out of democratic conversation must come democratic action. Once people are engaged they must have something to do. For SNCC the actions were desegregating diners and buses and registering to vote. What will constitutes democratic action today? I'll suggest two things: involvement in local government and energy conservation. People need to engage in local government to begin making necessary changes in their communities. There needs to begin a process of taking power away from DC and the state capitals. The only way to fix corruption is to drain the swamp. Meanwhile, energy conservation provides an opportunity for people to become actively involved at home, work and school, and in the community to kick America's oil addiction.

From democratic conversations and democratic action will come democratic experience. As historian Lawrence Goodwyn has written, democracy is experiential; it is about doing and learning. The SNCC, as Hogan documents it, was one big experiment and learning experience. She writes, “By pushing the boundaries, movement participants could see more clearly what was at stake....People saw a small number of individuals taking action and were inspired to join them; through the experiences they then shared, the activists and their recruits developed and understanding of what was possible—one that differed considerably from that of most blacks and whites in Mississippi.”

I pulled from Ms Hogan's book -- which needs to be widely read -- a couple points that will help us in reviving our politics. We don't need a revolution in America; we need a reformation. Our political economy has become top heavy and eminently corrupt. Our economy is controlled by and for a few massive corporations. Our politics is run by a small unrepresentative professional political class, who do the bidding of these corporations. Technology has massively changed our politics and most of us have voluntarily disengaged from being citizens. We are fed a vapid, fear-laden death cult of patriotism, instead of building the life affirming culture of courage and work necessary to being a citizen. Yet we know one thing, as long as it flows somewhere in us, the fount of democracy is eternal, and renewal possible.

We must come together to reclaim, revive and evolve our politics. We must become citizens, and in so doing, we will gain meaning for ourselves. As one SNCC participant put it, “I had never had that much dignity before. It was exhilarating, it was something I had earned—the sense of independence that comes to a free person.”

Joe Costello was communications director for Jerry Brown’s 1992 presidential campaign and was a senior adviser for Howard Dean’s effort in 2004.

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Remembering Ted Kennedy

Aug 26, 2009Robert Johnson

ted-kennedy-2-150As Ted Kennedy passes, let us all remember a spirit that brought all of his vision, ability, passion and advantages to bear for things that were larger than himself.

ted-kennedy-2-150As Ted Kennedy passes, let us all remember a spirit that brought all of his vision, ability, passion and advantages to bear for things that were larger than himself.

Rob Johnson is a Senior Fellow and the Director of the Project on Global Finance at the Roosevelt Institute.

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Larry Flynt Calling: A portrait of the pornography of American politics from a pornographer

Aug 25, 2009Robert Johnson

larry-flyntCharles Keating opposed him. What more endorsement does he need in this wilder-than-wild-world?

larry-flyntCharles Keating opposed him. What more endorsement does he need in this wilder-than-wild-world?

PS:  It is a scary time when the pornographers become the truth tellers about the discrediting of expertise. We are, folks, in a profound political crisis. I fear that we cannot channel things into a healthy direction in this climate. Do you share my concern??

Excerpt from Larry Flynt's latest on HuffPo:

"The American government -- which we once called our government -- has been taken over by Wall Street, the mega-corporations and the super-rich. They are the ones who decide our fate. It is this group of powerful elites, the people President Franklin D. Roosevelt called "economic royalists," who choose our elected officials -- indeed, our very form of government. Both Democrats and Republicans dance to the tune of their corporate masters. In America, corporations do not control the government. In America, corporations are the government..." Read full article.

Rob Johnson is a Senior Fellow and the Director of the Project on Global Finance at the Roosevelt Institute.

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Obama's teflon melting as outrage over healthcare heats up

Aug 17, 2009Marshall Auerback

heating-up-150Roosevelt Institute Braintruster Marshall Auerback sees social unrest stirring in reactions to Obama's healthcare plan across the nation. Is this the final betrayal?

heating-up-150Roosevelt Institute Braintruster Marshall Auerback sees social unrest stirring in reactions to Obama's healthcare plan across the nation. Is this the final betrayal?

 No more free passes. A number of the President's supporters who expressed concerns about the pro-Wall Street tilt of his early administration decisions were prepared to give him the benefit of the doubt so long as he came through on healthcare. Obama's statement over the weekend that the public option for insurance coverage was "just a sliver" of the overall proposal, and the suggestion by Health and Human Services Secretary, Kathleen Sebelius, that a direct government role in a system intended to provide virtually universal coverage was "not the essential element", appear to provide conclusive evidence of this administration's capitulation to corporatist interests. The "change you can believe in" President now looks more like a Manchurian candidate of the right.

The disturbing thing about Obama taking the Rubinite path is that he now leaves government exposed as the lightening rod for everyone's problems, rather than the solution. If he had taken a more populist tack, more public anger could have been directed at the right people from the start -- as occurred under FDR's administration.

Extending the Bush/Paulson bailout policies (and, indeed, expanding them) and ignoring the needs of the productive economy have largely discredited government fiscal activism. Obama no longer appears willing to let the fiscal position of the federal budget grow as needed to meet current challenges.

When one adds extreme income imbalances and a comparatively weak social safety net (in contrast to those supposedly horrible "socialists" in Europe), then one has the makings of major social unrest, manifesting itself most recently in town hall meetings across the country this August.

Growing social unrest is something we have warned about for months. It's not being taken seriously by Obama's people. The eruption over the AIG bonuses was the tip of the iceberg. The "experts" said it was "beside the point," but it wasn't. It was a basic issue of fairness that could be readily understood by the vast majority of Americans in a way that complex credit default swaps could not.

And the "experts," who derided the eruption over AIG as a sign of irresponsible populism, are now being similarly dismissive of the town hall protests ostensibly being directed against a "government takeover of health care" but in reality reflect so much more.

True, Obama has responded ineffectively to the absurd distortions of his plan (well, what we've seen of his plan, as he has delegated much of the writing of it to Congress). But when government is no longer perceived as an instrument serving the general good, one can understand the susceptibility to the gross distortion of today's healthcare proposals, however irrational they might appear to the "experts." The rage reflects a large, inchoate sense that the government is heading in a horribly wrong direction: At its most basic level, it looks increasingly as if the government is simply rewarding bad behaviour, particularly given how the housing situation and banking bailout has been handled.

In a recent post, we discussed debt repudiation as one manifestation of American citizens' growing sense of helplessness. Could tax non-compliance be far behind? Certainly, it is a possibility (although one we would certainly NOT advocate), given the underlying perception of unfairness. Both debt repudiation and tax non-compliance come when citizens collectively arrive at the decision that the entire power structure has no legitimacy because it no longer serves the broader population's needs and interests.

I am quite sympathetic to the "functional finance" view that there is no inherent "value" in money (not even gold), except insofar as one imparts a value to it via a commercial or private-public transaction. Indeed, the ultimate transaction in today's world is payment of taxes (you don't pay them, you go to jail). The sanction is so high because the entire legitimacy, indeed functioning of a state depends on its citizens offering their labour in exchange for goods and services. Abba Lerner also suggested:

"The modern state can make anything it chooses generally acceptable as money...It is true that a simple declaration that such and such is money will not do, even if backed by the most convincing constitutional evidence of the state's absolute sovereignty. But if the state is willing to accept the proposed money in payment of taxes and other obligations to itself the trick is done."

But the quid pro quo is that there must be tax compliance.

If debtors' revolt extends to tax non-compliance, then you've got the makings of a severe inflationary problem. Hyperinflations often occur when the government can print ever increasing quantities of money, but find little for sale, even as resources sit idle. The brief history of the Confederacy during the US civil war is an excellent illustration of this phenomenon. This does not require full employment; indeed, most hyperinflations take place with lots of unemployment because once hyperinflation sets in, it is virtually impossible to undertake 'money now for money later' operations..

The printing press, then, becomes a symptom of the problem, not the cause because it is the breakdown of the tax system which causes the government's fiat money to become worthless, not the running of the printing presses per se. Tax gives value to a fiat currency. When one has widespread tax avoidance, it marks the beginnings of true political dysfunction.

To be sure, we haven't come close to this point yet. But it becomes an increasing risk for an administration that seems determined to recreate the financial conditions that led to the disaster we face now. It risks destroying its legitimacy whilst the rest of its political agenda is hijacked by a small group of wealthy plutocrats at the top. In the words of Yves Smith, "All Team Obama has done on the banking front is write a lot of blank check, hold some bogus "stress tests" in lieu of doing the real thing, and raise a stink on a few symbolic issues to try to paper over the failure to embark on real and badly needed reforms." 

Similarly, having Big Pharma enlisted in the negotiations to construct a health care plan (as reported in the NY Times last week) is akin to Dick Cheney using Enron executives to construct Bush's national energy policy.

It is almost as if Obama's pledge to not deal with lobbyists was never made. His "teflon" is wearing off faster than a hot frying pan.

As Howard Dean notes, without a direct government role in health care, you cannot achieve real reform. And, as Professor James K. Galbraith argues, the intrinsic costs of providing public health insurance are considerably lower than those for private health insurance. In The Predator State, Gailbraith observes,

"There are no expensive inputs to purchase, not uncertainties of design or technology with which we have to concern ourselves. The major inputs are personnel and computing capacity. There are few major issues of innovation; unlike the rapid changes characteristic of medical practice, the service of providing insurance to pay for them does not evolve rapidly. A successful private insurance company follows an ancient formula: it stratifies its clientele by risk class and charges minimums adapted to each class. The most successful companies are generally those that manage to exclude the riskiest clients."

Public health insurance entities such as Medicare do not evaluate risk because they are universal. Therefore, they save the major cost associated with private health insurance. They pay their personnel at civil servant salary scales and are under no obligation to provide a return to shareholders via dividends or meet a target rate of return. "

Selective provision of private health insurance is invariably inferior to universal public provision. There are ample examples of successful, publicly supported (but privately administered) healthcare programs overseas in Europe and Asia. Yet, we appear to be heading in the opposite direction. Given the inappropriate premises under which the Obama Administration has continued to operate (e.g. credit flows from the top down, rather than the bottom up, banks are suffering from illiquidity, not insolvency, we "can't afford" a public health insurance option), we may expect that today's many problems will continue to languish.

All of which will heavily constrain the capacity of the US economy to recover and may well lead to a Japanese-style lost decade of economic stagnation.

Roosevelt Institute Braintruster Marshall Auerback is a market analyst and commentator.

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Recovery? What recovery?

Aug 13, 2009Joe Costello

question-mark-150Roosevelt Institute Braintruster Joe Costello riffs on the myth of recovery, deflation, and the way economic decisions are made in the Oval Office.

question-mark-150Roosevelt Institute Braintruster Joe Costello riffs on the myth of recovery, deflation, and the way economic decisions are made in the Oval Office.

And even in our sleep pain that cannot forget

falls drop by drop upon the heart

and in our own despair, against our will,

comes wisdom to us by the awful grace of God.

-- Aeschylus via RFK

The economy of the last quarter-century is not coming back.  We need to understand this. Oil is about as good a global indicator as we have -- oil is the life blood of the global economy. After having gotten carried away by the green shoots euphoria, or more accurately, the green shoots campaign, IEA's numbers have led them to tone down the rhetoric:

The US summer driving season "seems to have fizzled out before getting started" the International Energy Agency said on Wednesday, striking a cautious tone on prospects for a recovery in global energy demand next year.

But in its monthly Oil Market Report for August, released on Wednesday, the IEA said that in spite of the improvement in some economic indicators in a few countries, "the most that can be said is that the global economy may be stabilising".

The Post also has good story entitled "A Recovery Only a Statistician Could Love," and after having pumped more money into the financial system than Croesus, the Fed again makes it clear that deflation remains concern # 1:

Household spending has continued to show signs of stabilizing but remains constrained by ongoing job losses, sluggish income growth, lower housing wealth, and tight credit. Businesses are still cutting back on fixed investment and staffing but are making progress in bringing inventory stocks into better alignment with sales.

The prices of energy and other commodities have risen of late. However, substantial resource slack is likely to dampen cost pressures, and the Committee expects that inflation will remain subdued for some time.

Finally, to prove that high comedy and great tragedy can go hand in hand, the WSJ has an amusing(unintended?) piece on how economic decisions are made in the Oval Office:

He [Rahm] says Mr. Obama was frustrated his team wasn't offering up a full range of views on how to approach derivatives regulation. "Get me some other people's opinions on this," Mr. Emanuel recalls the president as saying. "I want more than what's in this room."...In the end, the administration tweaked its position on derivatives.

Another time, Mr. Obama asked Mr. Geithner to make a pitch for reinstating the Glass-Steagall Act, which split apart commercial banks and investment banks in 1933 and kept them separate until its repeal in 1999. Aides say Mr. Obama didn't support reinstatement but wanted to hear the merits of the idea.

"I often take the role of making sure that discussions in the daily briefing incorporate views not in the room," says Mr. Summers, a former Clinton administration Treasury secretary.

That's funny stuff. The tragedy is that we want to believe that a half-dozen people sitting around a room can provide homogeneous solutions for challenges we face.

We're going to have a different world than the one we know, but it can be better.

Joe Costello was communications director for Jerry Brown’s 1992 presidential campaign and was a senior adviser for Howard Dean’s effort in 2004.

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Pelosi's Toothless Watchdogs

Jul 15, 2009Joe Conason

sleepy-dog-200Roosevelt Institute Braintruster Joe Conason warns that Congressional Democrats must not abandon their heritage and lose an historic opportunity to expose the facts of the f

sleepy-dog-200Roosevelt Institute Braintruster Joe Conason warns that Congressional Democrats must not abandon their heritage and lose an historic opportunity to expose the facts of the financial crisis. This article was originally published on Politickerny.com.

Very soon, Congressional leaders are expected to announce the creation of a new commission to investigate the real causes of America's crippling financial disaster. House Speaker Nancy Pelosi has reportedly told Treasury Secretary Timothy Geithner that this investigative panel will be modeled on the legendary "Pecora Commission," which held a series of hearings on Capitol Hill in 1933 that arraigned the nation's biggest bankers and stock swindlers before an angry and suffering people. Named for Ferdinand Pecora, the cigar-chomping New York prosecutor who oversaw the proceedings, those confrontations mobilized public support for the financial reforms of the New Deal - which curbed the excesses of Wall Street's overclass until they were overturned a decade ago.

But unless the Speaker and her colleagues summon much greater courage than they have displayed to date, any comparisons to the Pecora investigation will only highlight the failure of the Democrats to live up to their heritage. The way to begin to understand that incipient disappointment is with a short history lesson, and the way to start that lesson is to note that the Pecora "commission" was not really a commission at all, in the sense that we have come to understand that term - meaning an excuse for politicians to avoid their responsibilities by palming them off on a group of unelected appointees.

No, the Pecora commission was nothing like that. The so-called commission was in fact the Senate Banking and Currency Committee itself, which under Republican leadership had undertaken a desultory investigation of the 1929 Crash and the onset of the Great Depression that had dragged on for a year or so without much progress. That changed with the election of 1932, which sent Franklin Delano Roosevelt to the White House and gave control of the United States Senate, including the Banking Committee, to the Democrats. In January 1933, Pecora had been appointed to write up the weak and incomplete findings of his three predecessors - but the Senate Democrats, with the encouragement of the new president, encouraged him to continue and extend the committee's investigation.

Armed with full subpoena power, Pecora summoned many of the nation's most important bankers, brokers, and financial operators to the witness table, including J.P. Morgan II, where they endured his harsh and sometimes humiliating public examination. When Morgan confessed that he and many of his partners in the most powerful investment bank routinely paid no income taxes, the furious reaction of the public armed FDR with the political power to enforce reforms, despite the bitter opposition of the bankers. Tax avoidance by the wealthiest men on Wall Street was merely a tantalizing bagatelle in the trove of abuses uncovered by Pecora, whose findings ranged from the underwriting of bad securities to pay off unsound loans (which may sound familiar) to the inflation of banking stocks through deceptive practices (which may sound familiar, too).

What Pelosi and her colleagues appear to be preparing, with the apparent assent of President Obama, is much weaker stuff. She has said that we need to find out what really happened to the nation's finances in order "to make sure something like this never happens again" - but if the stakes are so high, why should this grave responsibility be turned over to retired politicians, former federal appointees and academics, as now seems most likely? Reuters has reported that the new commission's members will probably include former Senators Fred Thompson, Jake Garn, and Bob Graham, along with former Commodity Futures Trading Commission chair Brooksley Born (the only progressive name floated so far) and Alex Pollock, a conservative economist from the American Enterprise Institute. Is anyone yawning yet?

By turning over this historic investigation to an unelected panel, the Congressional Democrats are running away from the mission of change that they were elected to fulfill - and the president who popularized that message is implicated in that historic error as well. What the nation needs now is a serious investigation -- backed by the full authority of a joint Congressional Committee and spearheaded by a professional prosecutor like the brilliant Pecora - not a cowardly evasion and a mush-mouthed "bipartisan" report.

Joe Conason is a national correspondent for The New York Observer and columnist for Salon.com.

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The New Populism and the new Pecora-style commission

Jul 14, 2009Henry Liu

raised-fist-200Could a new Pecora-style commission swell a tide of new populism? Taking a look back into history, Roosevelt Institute Braintruster Henry C.K. Liu concludes that it could.

raised-fist-200Could a new Pecora-style commission swell a tide of new populism? Taking a look back into history, Roosevelt Institute Braintruster Henry C.K. Liu concludes that it could.

Back in the 1930s, the Great Depression that followed the 1929 market crash had direct political repercussions. In the 1930 mid-term elections, the Democrats gained control of Congress, and in 1932 Democratic candidate Franklin D Roosevelt was easily elected president over Republican incumbent Herbert Hoover, carrying over 40 states. The Democrats finally gained control of both Congress and the Executive Branch after more than a decade of Republican rule.

The new Democratic chairman of the Senate Banking and Currency Committee, Senator Duncan U. Fletcher of Florida, immediately dismissed the Republican general counsel of the commission on the 1929 crash. He appointed Ferdinand Pecora, an assistant district attorney for New York. The Pecora Commission investigations after 1930 revealed a host of conflicts of interest in the financial sector in the years leading up to the 1929 crash, such as bank underwriting of unsound securities to save near non-performing bank loans, rampant insider trading and "pool operations" by speculators banding together to move a stock and to close out the pool at a peak price for profit, leaving the manipulated public with subsequent losses.

More shocking still, the Pecora Commission uncovered the embarrassing fact that JP Morgan and his fellow banking titans not only continued to reap huge profit from rescuing firms they helped put in distress while the economy fell into severe depression, but they were also able to avoid paying any income tax in 1931 and 1932 through tax loopholes on paper losses of distressed companies they acquired. These bankers were in fact buying up a country in economic distress on the cheap with their tax deductions.

Revival of populism: the Single Land Tax

The excesses of the Roaring Twenties revived populist calls for reform and even radical demands for revolutionary systems of taxation. The Robert Schalkenbach Foundation (RSF) was organized in 1925 to promote public awareness of the social philosophy and economic reforms advocated by Henry George (1839-1897), centering around the "single tax on land values" first published in The Christian Advocate in 1890. The Henry George Foundation of America was formed in 1926 as a non-profit entity by some of the leading luminaries of the progressive wing of the Democratic Party in Pittsburgh, Pennsylvania. George believed that exclusive private ownership of land (natural resources) created unwarranted special privileges for certain people and felt that keeping land out of production was destructive to the economy. He advocated shifting taxes from labor and capital onto the value of land and natural resources.

Riding on a wave of populism, George ran, though unsuccessfully, twice for mayor of New York, the first time in 1886 when he came in second ahead of a young Theodore Roosevelt. George died in the midst of his second run in 1897, aged 64. Between elections, he traveled the world promoting his vision of economic justice, influencing many reformers. In pre-revolution Russia, George's ideas were popularized by Leo Tolstoy, and in China by Sun Yat Sen, the leader of the revolution that overthrew in 1911 the 267-year-old Qing dynasty. George's grand daughter was the celebrated American choreographer Agnes George de Mille.

The 1920s were a time of revival for 1860s socio-economic Darwinism manifesting itself through laissez-faire market capitalism which condones no-holds-barred competitiveness not just for economic growth but for corporate survival. It denied the early American communal spirit of cooperation. Big business adopted the "survival of the fittest" theme of English sociologist Herbert Spencer and Yale professor William Graham Sumner with self-righteous morality. Yet survival of the fittest among the animal kingdom is practiced only between species, while intra-species cooperation is the general law. The symbiotic interdependence of different species is well recognized in all ecological systems. Moreover, the laissez-faire market system is far from a natural phenomenon, but a contrived mechanism with the purpose of reconciling individual pursuit of self interest with the welfare of society. It was becoming clear that this reconciliation was again failing in the 1920s and it had been in the 1860s.

Reacting against economic individualism, other populist voices included Lester Frank Ward (1841-1913), who asserted that man should use his intelligence to control and direct his future, making a distinction between the "telic" and the "genetic", insisting that there is "no natural harmony between natural law and human advantage". Thus laissez-faire market capitalism does not necessarily promote human progress, and when it runs amuck, could pervert economic progress to reverse human progress in civilization. Ward's views paved the way to positive socio-economic planning by government that the Progressive and the New Dealers promoted.

Populism and new security laws

With a backdrop of such populist ideas, the 1932 hearings and findings of the reconstituted Pecora Commission galvanized broad public support for new securities laws. As a result, Congress passed and Roosevelt signed into law the Security Act of 1933, referred to as the "truth in securities" law, with two basic objectives: 1) require that investors receive financial and other significant information concerning securities being offered for public sale; and 2) prohibit deceit, misrepresentations, and other fraud in the sale of securities.

Congress also passed in 1933 the Glass-Steagall Act, which mandated a separation of commercial banks that took deposits and extended loans, from investment banks that underwrote, issued, and distributed stocks, bonds and other securities. The House of Morgan had to split into JP Morgan Bank, a commercial bank, and Morgan Stanley, an investment bank to satisfy Glass-Steagall, even though both were still controlled by Morgan.

The next year, Congress passed the new Security Exchange Act of 1934, creating the Securities and Exchange Commission (SEC) to protect the interests of the small investor. The act empowers the SEC with broad authority over all aspects of the securities industry, including the power to register, regulate, and oversee brokerage firms, transfer agents, and clearing agencies as well as the nation's securities self regulatory organizations (SROs). The various stock exchanges, such as the New York Stock Exchange, American Stock Exchange and National Association of Securities Dealers which operates the NASDAQ system are SROs.

President Roosevelt appointed Joseph P. Kennedy as first SEC chairman. Kennedy was a highly successful speculator on Wall Street with a wide network of business dealings, some of which were questionable, whose appointment Newsweek described as "a former speculator and pool operator will now curb speculation and prohibit pools".

Unlike other run-of-the-mill speculators, Kennedy had farsighted political vision, which he realized by the shrewd use of his considerable wealth gained from market tactics that he was now responsible for policing. In his first speech as SEC chairman, Kennedy pronounced a new populist path for the stock market: "The New Deal in finance will be found to be a better deal for all." Kennedy's populism paved the way for his son, John F Kennedy, to the White House three decades later in 1961.

Clinton's rejection of the Jackson/FDR/Kennedy tradition

Ironically, another Democratic president, Clinton, elected on a populist platform in 1992 another three decades later, repealed in 1999 the Glass-Steagall Act that had created the SEC. On November 12, 1999, Clinton signed into law the Gramm-Leach-Bliley Financial Services Modernization Act which repealed the Glass-Steagall Act. This allowed commercial and investment banks to re-consolidate. The repeal of the Glass-Steagall Act, by combining the conflicting roles of lending institutions and security issuing institutions, facilitated the development of structured finance and debt securitization that contributed structurally to the 2007 credit crisis.

Phil Gramm, who began his political career as a Democratic congressman in the Texas populist tradition, changed party affiliation to become a neo-liberal Republican senator from Texas. As Republican chairman and ranking member of the Senate Banking Committee, he spearheaded the Gramm-Leach-Bailey Act of 1999 with the conviction that higher bank profits commensurate with higher risk were the salvation of the economy, reversing the age-old principle that banks should be the economy's most risk-averse institution.

Between 1995 and 2000, Gramm received more than $1 million in campaign contribution from the securities and investment industry, more than he received from oil and gas interests that traditionally were a key source of financial energy in Texas politics. After retiring from politics, Gramm became vice-chairman of the investment banking arm of Union Bank of Switzerland (UBS), an institution at present in the spotlight for massive losses from subprime mortgage exposure. Gramm has was also an economic adviser to the presidential campaign of Republican candidate John McCain.

Gramm became linked to the Enron scandal when it came to light that his wife, Wendy, while serving on the Commodity Futures Trading Commission, was involved in granting an exemption for Enron from federal oversight, immediately after which she was named a director at Enron. It came to light later that Gramm had helped to turn the regulatory exemption into law as well as push through the deregulation of energy markets that led to the Enron scandal. During this period, Enron was a major contributor to Gramm's political campaigns.

The New Pecora-style commission and the rising tide of New Populism

If the new Pecora-type commission is anything like the original one, it would return to the original mandate of the SEC, which was to protect small investors who were not professional enough to survive on caviat emptor. Remember, FDR appointed Joseph Kennedy as first Chairman of the SEC. The issue of the new commission is not merely a matter of appointing members of correct political affiliation, but whether the prosposed commission reflects the rising New Populism that is sweeping across the entire nation. This rising tide is partly what got Obama elected -- he himself ran as a populist (as did Congressman Ron Paul and Gov. Mike Huckabee). Since the election, continuing comparisons between Obama and FDR, as well as ongoing media references to the New Deal, are evidence of the trend towards populism. And the financial crisis, of course, has turned a lot of moderates into populists. Whether the New Populism will actually take root is another matter, but the commission would be wise not to ignore the hunger among ordinary people to hold the elites accountable.

 

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Is market fundamentalism, like the zombie banks it protects, too big to fail?

Jul 7, 2009Marshall Auerback

money-question-200The problem with the misconceived bank bailouts is this: Obama has used too much political capital, satisfying the economic interests of finance capitalism via his banking bailouts.

money-question-200The problem with the misconceived bank bailouts is this: Obama has used too much political capital, satisfying the economic interests of finance capitalism via his banking bailouts. With this misdirected move, he has discredited the notion of fiscal policy achieving anything positive, given that the bailouts have not served their intended effect of "unblocking" credit.

As we've indicated over and over again, fiscal and monetary authorities around the world continue to proceed from a flawed paradigm. They keep thinking that if they provide "liquidity" to banks, the banks will go out and lend. They don't seem to understand that credit is not a "flow" but a two-way contract between lender and borrower: You have to improve incomes first before you can improve credit conditions.  Rising incomes create improved credit worthiness and ultimately improving asset values. As a result of the embrace of this flawed paradigm. we continue to witness the spectacle of the world's leading central bankers - Jean-Claude Trichet of the ECB, Ben Bernanke of the Federal Reserve, and Mervyn King of the Bank of England - all making extremely unhelpful, and highly politicised remarks about the "unsustainability" of their respective governments' fiscal expenditures, despite the fact this is the only thing likely to improve aggregate demand and incomes.

These esteemed central bankers, who zealously safeguard their respective institutions from  supposedly populist political pressures, abuse their independence mandate to bully the politicians to cut back on their respective fiscal programs.  This in turn creates the risk of a 1937 relapse, as Nobel laureate Paul Krugman recently pointed out.

Our monetary officials compound this problem of declining incomes through a misconceived embrace of "quantitative easing," where the world's Central Banks accumulate higher yielding securities in exchange for reserve balances, and thereby lower interest paid by governments on their securities, due to the lower rates. All this does is to contribute to removing interest income from world consumers, but it gives a nice subsidy to the banks.

The official sector has the gall to complain when people start challenging them on their quaint notion of central banking independence.  But "independence" is simply a cover, allowing them to enforce the economics of the rentier class - clearly a very political action on the part of central banking officialdom.

Money profits require that firms earn more than they spend.  That requires some other sector be willing and able to spend more than it is earning - i.e. intentionally deficit spend. Households and maybe foreign trading partners can draw down cash balances to do that before they need to go to net new lending. If you actually plot the time series of US real GDP momentum and credit growth by sector, you will what leads real GDP growth: government debt growth, mostly because fiscal policy is countercyclical (with a lag). As the US economy emerged out of the Great Depression in the spring of 1933, it went on a tear that few people seem to know about.  There was virtually no bank credit growth for several years. I know, the Austrian nut jobs will all say that public works were simply stealing resources from the private marketplace that otherwise would have been used by entrepreneurs once the (relative) price was right. If the bureaucrats, including Hoover, had only allowed lower prices and wages, the market would have self-adjusted to full employment equilibrium on its own in due time. FDR just prolonged the agony of adjustment. 

In spite of much evidence to the contrary, it really is remarkable the degree to which investors, economists and others cling to this misguided belief in the ability of markets to self-adjust, even when they are self-destructing, as during a debt deflation process. I sincerely wish there had been an Austrian School republic somewhere that could have been run experiments on their theories in a live fashion.  But then, the Austrians cannot settle amongst themselves the proper monetary system that would be imposed or evolve spontaneously. 

A number of them are willing to recognize that uncertainty is endemic and they emphasize the role of entrepreneurs and investors in searching for the most valuable combinations of productive resources. But Keynes also recognized fundamental uncertainty, and then went about showing why private agents form ways of making decisions in the face of uncertainty that contribute to booms and busts. That's what Ch. 12 was all about in the General Theory, and it really tends to resonate with investment practitioners.

Too bad that this crucial insight of Keynes is ignored, as the rest of us remain guinea pigs in an experiment wedded to market fundamentalism. As the Too Big to Fails are protected, those of us too small to be seen wait to find out whether the experiment will succeed.

Roosevelt Institute Braintruster Marshall Auerback is a market analyst and commentator.

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What's all the fuss about regulatory capital requirements?

Jun 30, 2009Charles Davi

There’s been a lot of talk about regulatory capital since--and in--Obama’s proposal. Charles Davi, who blogs at Derivative Dribble, explains the key ideas behind this debate, from the Basel Accords to Goodfellas.

There’s been a lot of talk about regulatory capital since--and in--Obama’s proposal. Charles Davi, who blogs at Derivative Dribble, explains the key ideas behind this debate, from the Basel Accords to Goodfellas.

So what is regulatory capital? In short, it has to do with how banks finance their operations. Banks are businesses. And like all businesses, they have investors that contribute money to the business. In the parlance of banking regulation, the money that investors contribute is called capital. This capital can come in various forms, despite the fact that it’s all cash. The form of the capital is determined by what the investor expects in return for his capital contribution. For example, equity capital comes from investors who expect to share in the profits of the bank. That is, after all of the bank’s expenses and debts are paid, the equity investors get their share of what, if anything, is left over. Capital could also come in the form of debt. The bank’s debt investors, commonly referred to as creditors, expect regular payments in return for their investment, regardless of whether or not the bank generates a profit. As such, they get paid before any of the equity investors get paid. Because of this, we say that debt is higher in the capital structure of a bank than equity. But of course, life is a lot more complicated than simple debt and equity. And so, banks make use of a broad range of financing that falls in different places along a continuum from pure senior debt (the top of the capital structure) to pure subordinated equity. As money gets generated by the bank’s activities, that money gets pushed down the bank’s capital structure, paying investors off in order of seniority.

In the magical world of academia, capital structure isn’t supposed to matter much. But as Michael Milken reminds us, in the real world, capital structure matters, a lot. Firms that finance their activities with a lot of debt will have high fixed obligations, since creditors don’t care if you make a profit or not. They invested on terms that assured them payment, come hell or high water. And while they might not be as intimidating as the Goodfellas, creditors have a lot of power over firms that fail to pay their debts. These powers range from seizing assets pledged as collateral to forcing bankruptcy upon the firm. Obviously, these kinds of events are disruptive to a firm’s business activities. And as this crisis has taught us, the business activities of banks are pretty important. Fully aware of this, the world developed what are known as regulatory capital requirements. What these requirements do is place restrictions on the capital structure of banks based on the riskiness of the bank’s activities. As you would expect, the rules that implement these restrictions are very complicated. But the general idea is fairly intuitive: as the riskiness of the bank’s activities increases, the bulk of the bank’s financing should move down the capital structure, towards equity. This makes sense, since a bank that is running a high risk operation shouldn’t be promising too many people regular income, since by definition, their cash flows are unstable. As such, a high risk bank should make greater use of equity, since equity investors only expect their share of the profits, if and when they appear.

Most of the developed world has adopted some version of the bank capital regulations known as the Basel Accords, written by the Bank For International Settlements. Under the Basel rules, assets are assigned a weight, which is determined by the asset’s riskiness. “No risk” assets, such as short term U.S. Treasuries, are assigned a weight of 0%. High risk assets can have weights over 100%. The rules then look to the capital of the bank and break it up into three Tiers: Tier 1, Tier 2, and Tier 3. Tier 1 is comprised of pure equity and retained earnings, the absolute bottom of the capital structure; Tier 2 is comprised of financing that’s almost equity, or just above Tier 1 in the capital structure; and Tier 3 is comprised of short term subordinated debt, or the lowest part of the capital structure that can be fairly characterized as debt. Anything above Tier 3 doesn’t count as capital for the purposes of the rules.

When a bank buys an asset, they are generally required to assign a capital charge to that asset equal to 8% of the value of the asset multiplied by its risk weight. Half of the capital they set aside must come from Tier 1. So for a $100 loan with a risk weight of 50%, the bank that issued or bought the loan would need to set aside 8% x 50% x $100 = 8% x $50 = $4 worth of regulatory capital, at least half of which must come from Tier 1.

So regulatory capital requirements are a matching game between a firm’s assets and its capital structure. The more capital a firm has to set aside to purchase an asset, the fewer assets it can purchase. This means that heightened regulatory capital requirements will restrict a firm’s ability to generate returns on its capital. Well aware of this, Obama’s proposal uses regulatory capital as a tool to push firms away from certain practices. For example, as mentioned above, the proposal calls for increasing the capital charge for bespoke trades. It also threatens firms that are “too big to fail” with the spectre of overall heightened capital requirements. While Nocera thinks this is an empty threat, not everyone is so confident. But in any case, go read it yourself, at least the summary, and come to your own conclusions.

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