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Chuck Marr: Taming the Deficit? Hardly!

July 1, 2010

My colleagues and I have written repeatedly (for instance, here here , and here ) about the need for Congress to enact another round of stimulus legislation that would extend unemployment benefits and provide additional fiscal relief to states, both of which would help strengthen the fragile recovery. Some lawmakers have balked at passing such legislation that increased the deficit — even though some of these same lawmakers have worked behind the scenes to weaken some key provisions that would offset the costs of the additional spending, such as provisions to force private equity managers to pay taxes like everybody else and to make it harder for doctors, lawyers, and others to avoid paying payroll taxes. Now, though, Senator Scott Brown has gone a step further. The senator has argued that “we need to stop borrowing against our children and grandchildren’s future and start paying for things.” Nevertheless, in proposing his own stimulus legislation this week, he included a gimmick that, while offsetting some costs in the short term, would make the deficit worse over the long term. Here’s how it would work: Americans could roll over their 401(k) balances into “Roth” accounts. Taxpayers would pay tax up front on the rollover funds but, in the future, all of the earnings on these funds would be completely tax-free. Moreover, “Roth” accounts have very permissive distribution rules and, unlike regular IRA accounts, Roth account holders do not have to make withdrawals when they reach age 70½. As a result, the rollover option would give affluent people a way to shelter years of investment earnings and then pass the accumulated funds to their heirs. Because those who made this rollover would pay taxes on the funds up front, the Joint Tax Committee estimates that the proposal would raise $5 billion over the next 10 years. The provision, however, would cost the federal government much more after that. The Joint Tax Committee does not estimate the revenue effects of proposals beyond 10 years, but the nonpartisan Tax Policy Center has previously analyzed similar Roth IRA rollover gimmicks and found that, on a net present value basis, the federal government would lose $2 tomorrow for every $1 raised today. Senator Brown’s proposal looks good in the short term. But it does precisely what the Senator cautions against — adding to the nation’s deficit burden over the long term. Congress should reject it and any other such fiscal gimmicks – whether attached to stimulus legislation or anything else. Chuck Marr is director of federal tax policy at the Center on Budget and Policy Priorities and blogs regularly at Off the Charts .

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Chuck Marr: Taming the Deficit? Hardly!

July 1, 2010

My colleagues and I have written repeatedly (for instance, here here , and here ) about the need for Congress to enact another round of stimulus legislation that would extend unemployment benefits and provide additional fiscal relief to states, both of which would help strengthen the fragile recovery. Some lawmakers have balked at passing such legislation that increased the deficit — even though some of these same lawmakers have worked behind the scenes to weaken some key provisions that would offset the costs of the additional spending, such as provisions to force private equity managers to pay taxes like everybody else and to make it harder for doctors, lawyers, and others to avoid paying payroll taxes. Now, though, Senator Scott Brown has gone a step further. The senator has argued that “we need to stop borrowing against our children and grandchildren’s future and start paying for things.” Nevertheless, in proposing his own stimulus legislation this week, he included a gimmick that, while offsetting some costs in the short term, would make the deficit worse over the long term. Here’s how it would work: Americans could roll over their 401(k) balances into “Roth” accounts. Taxpayers would pay tax up front on the rollover funds but, in the future, all of the earnings on these funds would be completely tax-free. Moreover, “Roth” accounts have very permissive distribution rules and, unlike regular IRA accounts, Roth account holders do not have to make withdrawals when they reach age 70½. As a result, the rollover option would give affluent people a way to shelter years of investment earnings and then pass the accumulated funds to their heirs. Because those who made this rollover would pay taxes on the funds up front, the Joint Tax Committee estimates that the proposal would raise $5 billion over the next 10 years. The provision, however, would cost the federal government much more after that. The Joint Tax Committee does not estimate the revenue effects of proposals beyond 10 years, but the nonpartisan Tax Policy Center has previously analyzed similar Roth IRA rollover gimmicks and found that, on a net present value basis, the federal government would lose $2 tomorrow for every $1 raised today. Senator Brown’s proposal looks good in the short term. But it does precisely what the Senator cautions against — adding to the nation’s deficit burden over the long term. Congress should reject it and any other such fiscal gimmicks – whether attached to stimulus legislation or anything else. Chuck Marr is director of federal tax policy at the Center on Budget and Policy Priorities and blogs regularly at Off the Charts .

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Unemployment Extension Fails: Senate Rejects Jobless Benefits 58-38

June 30, 2010

The Senate rejected Wednesday — for the fourth time — a bill that would have reauthorized extended benefits for the long-term unemployed, by a vote of 58 to 38. Democrats will not make another effort to break the Republican filibuster before adjourning for the July 4 recess. By the time lawmakers return to Washington, more than 2 million people who’ve been out of work for longer than six months will have missed checks they would have received if they’d been laid off closer to the beginning of the recession. Only two Republicans, Sens. Olympia Snowe and Susan Collins of Maine, crossed the aisle to support the measure. That gave Democrats 59 of the 60 votes they needed to break the GOP filibuster, but without the late Sen. Robert Byrd (D-W.Va.), Nebraska Democrat Ben Nelson’s nay vote was enough to kill the bill. (The final tally shows only 58 yea votes due to arcane rules of Senate procedure, which require Senate Majority Leader Harry Reid (D-Nev.) to vote against the bill in order to allow for another vote on it in the future.) “We will vote on this measure again once there is a replacement named for the late Senator Byrd,” Reid said in a statement after the vote. “In the meantime, I sincerely hope that Republicans will finally listen to the millions of unemployed Americans who need this assistance to support their families in these tough times. These Americans and millions more demand that Republicans stop filibustering support for unemployed workers.” Already, more than 1.2 million people out of work for longer than six months have missed checks since federally-funded extended benefits lapsed at the beginning of June. “Senators had a chance to put election year posturing aside and one too few rose to that challenge,” said Judy Conti, a lobbyist for the National Employment Law Project. “It’s a sad night, especially for the over one million workers and their families who will have little cause to celebrate this holiday weekend. It is a disgrace and an absolute slap in the face to basic human decency.” During the past several weeks, in an effort to appease deficit hawks, Reid and Sen. Max Baucus (D-Mont.) trimmed a broader spending bill that included the benefits among a host of other domestic aid programs. They reduced the bill’s 10-year deficit impact from $134 billion to $33 billion — the cost of reauthorizing extended unemployment benefits through November — but to no avail. This week, Reid and Baucus pulled out the unemployment benefits as a $33-billion standalone bill, attaching an extension of the homebuyer tax credit, yet it wasn’t enough of a sweetener to overcome the deficit demands of most Republicans and Ben Nelson. After the vote, the Senate unanimously consented to the extension of the tax credit, as Reid said would happen if the vote failed. Though there is some talk within their caucus of offsetting the cost of unemployment benefits to keep them from adding to the deficit, Democratic leaders refused to cave; they argued that because the cost of federally-funded extended benefits has never been offset, deficit neutrality shouldn’t suddenly become a requirement for emergency aid. Republicans offered alternative bills that would have paid for extended benefits with unused stimulus funds. “The only reason the unemployment extension hasn’t passed is because our friends on the other side have refused to pass a bill that doesn’t add to the debt,” Senate Minority Leader Mitch McConnell (R-Ky.) said after the vote. Republicans and some Democrats are uneasy about the unprecedented duration of benefits made available to the unemployed by last year’s stimulus bill and subsequent acts of Congress, which in some states reaches 99 weeks. Without those provisions, layoff victims are currently eligible for only 26 weeks of benefits in most states, while the average unemployment spell is 34 weeks. Lurking beneath the deficit concerns for some members is the suspicion that the extended benefits discourage people from looking for work — even though there are five people vying for every available job and a full third of the 15 million unemployed don’t actually receive the benefits. If Congress eventually does reauthorize the aid, people eligible for extended benefits during the lapse will be paid retroactively. Failure to do so would be unprecedented : Since the 1950s extended federal benefits have never been allowed to expire with a national unemployment rate above 7.2 percent. The current rate stands at 9.7 percent. Reid vowed earlier on Wednesday that the Senate would try again. “We’re not moving away from this issue,” he said. “We’ll be back to haunt [Republicans] for what they’re doing to people who are in such desperate shape.”

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James K. Galbraith: Why the Fiscal Commission Does Not Serve the American People

June 30, 2010

Cross-posted from New Deal 2.0 . President Obama and his economic team face a daunting challenge: how to deliver economic growth they know can only come from deficit spending, while deferring into the future the “fiscal consolidation” which is being pressed on them by practically everyone, from Peter G. Peterson to Angela Merkel. Clearly the “bipartisan deficit commission” — like practically all bipartisan commissions — was a device to deflect this pressure. The President created the Commission while pressing for a stronger growth strategy, and has sent every discreet signal (notably in the commission’s minuscule operating budget) that the exercise should not be taken seriously. Nevertheless, there is a danger that the Commission will take a path — “stimulate now but austerity later” — that will lead to unnecessary, economically-damaging and socially destructive cuts in Social Security and Medicare. And there is a danger that such cuts will be stampeded through Congress in the months immediately following the 2010 elections. In a statement made on behalf of Americans for Democratic Action to the Commission, I make the case against cutting Social Security and Medicare as a “deficit strategy” — on the grounds that it’s not necessary and it won’t work. Instead, we need an economic policy built on realistic assumptions and focused on our actual economic problems: jobs, the state-local budget crisis, public investment, energy and climate change. In my statement to the Commission, I have tried to explore these issues a bit further: My Statement to the Commission on Deficit Reduction Mr. Chairmen, members of the commission, thank you for inviting this statement. I am a professional economist, but I have served in a political role, as Executive Director of the Joint Economic Committee of the United States Congress. I am offering this statement on behalf of Americans for Democratic Action, an organization co-founded in 1949 by (among others) Eleanor Roosevelt, John Kenneth Galbraith, Arthur M. Schlesinger, jr., and Ronald Reagan. Accordingly I would like to begin with a political comment. 1. Clouds Over the Work of the Commission. Your proceedings are clouded by illegitimacy. In this respect, there are four major issues. First, most of your meetings are secret, apart from two open sessions before this one, which were plainly for show. There is no justification for secret meetings on deficit reduction. No secrets of any kind are involved. Nothing you say will affect financial markets. Congress long ago — in 1975 — reformed its procedures to hold far more sensitive and complicated meetings, notably legislative markups, in the broad light of day. Secrecy breeds suspicion: first, that your discussions are at a level of discourse so low that you feel it would be embarrassing to disclose them. Second, that some members of the commission are proceeding from fixed, predetermined agendas. Third, that the purpose of the secrecy is to defer public discussion of cuts in Social Security and Medicare until after the 2010 elections. You could easily dispel these suspicions by publishing video transcripts of all of your meetings on the Internet, and by holding all future meetings in public. Please do so. Second, there is a question of leadership. A bipartisan commission should approach its task in a judicious, open-minded and dispassionate way. For this, the attitude and temperament of the leadership are critical. I first met Senator Simpson when we were both on Capitol Hill; at Harvard he became friends with my late parents. He is admirably frank in his views. But Senator Simpson has plainly shown that he lacks the temperament to do a fair and impartial job on this commission. This is very clear from the abusive response he made recently to Alex Lawson of Social Security Works, who was asking important questions about the substance of the commission’s work, as well as calling attention to the illegitimate secrecy under which you are operating. A general cannot speak of the President with contempt. Likewise the leader of a commission intended to sway the public cannot display contempt for the public. With due respect, Senator Simpson’s conduct fails that test. Third, most members of the Commission are political leaders, not economists. With all respect for Alice Rivlin, with just one economist on board you are denied access to the professional arguments surrounding this highly controversial issue. In general, it is impossible to have a fair discussion of any important question when the professional participants in that discussion have been picked, in advance, to represent a single point of view. Conflicts of interest constitute the fourth major problem. The fact that the Commission has accepted support from Peter G. Peterson, a man who has for decades conducted a relentless campaign to cut Social Security and Medicare, raises the most serious questions. Quite apart from the merits of Mr. Peterson’s arguments, this act must be condemned. A Commission serving public purpose cannot accept funds or other help from a private party with a strong interest in the outcome of that Commission’s work. Your having done so is a disgrace. In my view you also should not have accepted help from the Economic Policy Institute, even though EPI’s positions on the merits are substantially closer to mine. Let me now turn to the economic questions. A first economic question is, what caused the deficits and rising public debt? The answer comes in two parts: present deficits and projected future deficits. 2. Current Deficits and Rising Debt were Caused by the Financial Crisis. Overwhelmingly, the present deficits are caused by the financial crisis. The financial crisis, the fall in asset (especially housing) values, and withdrawal of bank lending to business and households has meant a sharp decline in economic activity, and therefore a sharp decrease in tax revenues and an increase in automatic payments for unemployment insurance and the like. According to a new IMF staff analysis, fully half of the large increase in budget deficits in major economies around the world is due to collapsing tax revenues, and a further large share to low (often negative) growth in relation to interest payments on existing debt. Less than ten percent is due to increased discretionary public expenditure, as in stimulus packages. This point is important because it shows that the claim that deficits have resulted from “overspending” is false, both in the United States and abroad. 3. Future Deficit Projections are Generally Based on Forecasts which Begin by Assuming Full Recovery, but this Assumption is Highly Unrealistic. Unlike the present deficits, expected future deficits are not usually considered to be due to continued recession and high unemployment. To understand how the discussion of future deficits is being framed, it is necessary to grasp the work of the principal forecasting authority, the Congressional Budget Office. CBO’s projections proceed in two steps. First, they wipe out the current deficits, over a very short time horizon, by assuming a full economic recovery. Second, they create an entirely new source of future deficits, essentially out of whole cloth. The critical near-term assumption in the CBO baseline concerns employment. CBO claims to expect a relatively rapid return, over five years, to high levels of employment, and the baseline incorporates a correspondingly high rate of real growth in the early recovery from the great crisis. If this were to happen, then tax revenues would recover, and ordinarily the projected deficits would disappear. This is what did happen under full employment in the late 1990s. But under present financial conditions this scenario of a rapid return to high employment is highly unrealistic. It can only happen if the credit system finances economic growth, which implies a rising level of private (household and company) debt relative to GDP. And that clearly is not going to happen. On the contrary, de-leveraging in the private sector is sure to remain the rule for a long time, as mortgages and other debts default or are paid down, and as many households remain effectively insolvent due to their mortgage debt. With high unemployment, high public deficits are inevitable. The only choice is between an active deficit, incurred by putting people to work or otherwise serving national needs — such as providing a decent retirement and health care to the aged — and a passive deficit, incurred because at high unemployment tax revenues necessarily fail to cover public spending. Cutting public spending or raising taxes, now or in the future, by any amount, cannot reduce a deficit due to high unemployment. The only fiscal effect is to convert an active deficit into a passive one — with disastrous economic and social effects. 4. Having Cured the Deficits with an Unrealistic Forecast, CBO Recreates them with Another, Very Different, but Equally Unrealistic Forecast. In the CBO models, high future deficits and rising debt relative to GDP are expected. But the source is not a weak economy. It is a set of assumptions describing an economy after full recovery from the present crisis. In the CBO forecasts, big future deficits arise from a combination of (a) rapidly rising health care costs and (b) rising short-term interest rates, in the context of (c) a rapid return to high employment and (d) continued low overall inflation. This combination produces, mechanically, a very large net interest payout and a rapidly rising public debt in relation to a slowly rising nominal GDP. Even if CBO were right about recovery, which it is not, this projection is internally inconsistent and wholly implausible. It isn’t going to happen. Low overall inflation (at two percent) is inconsistent with the projected rise of short-term interest rates to nearly five percent. Why would the central bank carry out such a policy when no threat of inflation justifies it? But the assumed rise in interest rates drives the projected debt-to-GDP dynamic. Similarly, the rise in projected interest payments is inconsistent with low nominal inflation. Interest payments rising to over 20 percent of GDP by mid-century would constitute new federal spending similar in scale to the mobilization for World War II. Obviously this cannot happen with two percent inflation. And although a higher inflation rate is undesirable, arithmetically it means a lower debt-to-GDP ratio. Finally, rapidly rising health care costs and low overall inflation are mutually consistent only if all prices except health care are rising at less than that low overall inflation rate — including energy and food prices in a time of increasing scarcity. This too is extremely unlikely. Either overall health care costs will decelerate (relieving the so-called Medicare funding problem) or the overall inflation rate will accelerate — reducing the debt-to-GDP ratio. In sum: the economic forecasts on which you are being asked to develop a credible plan for reducing deficits over the medium term are a mess. The unemployment and growth forecasts are implausibly optimistic, while the inflation and interest rates projections are implausibly pessimistic and mutually inconsistent. Good policy cannot be based on bad forecasts. As a first step in your work — long overdue — the Commission should require the development of internally consistent, and factually plausible, economic forecasts on which to base future deficit and debt projections. 5. The Only Way to Reduce Public Deficits is to Restore Private Credit. The conclusion to draw from the above argument is that large deficits going forward are likely to have the same source as they do right now: stubbornly high unemployment. The only way to reduce a deficit caused by unemployment is to reduce unemployment. And this must be done with a substantial component of private financing, which is to say by bank credit, if the public deficit is going to be reduced. This is a fact of accounting. It is not a matter of theory or ideology; it is merely a fact. The only way to grow out of our deficit is to cure the financial crisis. To cure the financial crisis would require two comprehensive measures. The first is debt restructuring for the entire household sector, to restore private borrowing power. The second is a reconstruction of the banking system, effectively purging the toxic assets from bank balance sheets and also reforming the bank personnel and compensation and other practices that produced the financial crisis in the first place. To repeat: this is the only way to generate deficit-reducing, privately-funded growth and employment. As a former top adviser in the Clinton White House, co-chairman Bowles no doubt knows that privately-funded economic growth produced the boom years of the late 1990s and the associated surplus in the federal budget. He must also know that the practices of banks and investment banks with which they were closely associated worked to destroy the financial system a decade later. But I would wager that the Commission has spent no time, so far, on a discussion of the relationship between deficit reduction and financial reform. To be clear: unemployment can be cured without private-sector financing, if public deficits are large enough — as was done during World War II. But if the objective is to reduce public deficits, for whatever reason, then a large contribution from private credit is essential. One more time: without private credit, deficit reduction plans through fiscal austerity, now or in the future, will fail. They cannot succeed. If at the time the cuts take effect the economy is still relying on public expenditure to fund economic activity, then reducing expenditure (or increasing taxes) will simply reduce GDP and the deficits will not go away. Further, if the finances of the private sector could be fixed, then an austerity program would be entirely unnecessary to reduce public debt. The entire national experience from 1946 to 1980, when public debt fell from 121 to about 33 percent of GDP and again from 1994 to 2000, proves this. In those years the debt-to-GDP ratio fell mainly because of creditdriven economic growth — certainly not because of public-sector austerity programs. And this is why the deficits returned, in 1980-2 and in 2000, once the credit markets froze up and the private economy entered recession. Thus until the private financial sector is fully reformed — or supplemented by parallel financing institutions as was done in the New Deal — high deficits and a high public-debt-to-GDP ratio are inevitable. In the limit, if there is no private financial recovery, debt-to-GDP will converge to some steady-state value, probably near 100 percent – a normal number in some countries – and at that point the public deficit will be the sole engine of new economic growth going forward. Only when the private sector steps up, will the debt-to-GDP ratio begin to decline. For this reason, a Commission report focused on “entitlement reform” rather than “financial reform” would be entirely beside the point. Entitlement cuts, no matter how severe, cannot and will not achieve deficit reduction. They cannot “meaningfully improve the long-term fiscal outlook,” as required by your charter. All they will accomplish is to impoverish vulnerable Americans, impairing the functioning of the private economy and the taxing capacity of the government. 6. Social Security and Medicare “Solvency” is not part of the Commission’s Mandate. I note from Chairman Simpson’s conversation with Alex Lawson that the Commission has taken up the questions of the alleged “insolvency” of the Social Security system and of Medicare. If true, this is far outside any mandate of the Commission. Your mandate is strictly limited to matters relating to the deficit, debt-to-GDP ratio and fiscal stability of the U.S. Government as a whole. Social Security and Medicare are part of the government as a whole, so it is within your mandate to discuss those programs — but only in that context. To make recommendations about the matching of benefits to payroll taxes — now or in the future — would be totally inappropriate. Within your mandate, the levels of payroll taxes and of Social Security benefits are relevant only insofar as they influence the current and future fiscal position of the government as a whole. Their relationship to each other is not relevant. You are not a “Social Security Commission” and there is no provision in your Charter for a separate discussion of the alleged financial condition of either program taken on its own. Such discussions, if they are occurring, should be subjected to a point of order. The usual “solvency” arguments directed at the Social Security system and at Medicare as separate entities are in any event complete nonsense. These programs are just programs, like any others, in the Federal Budget, and the Social Security and Medicare “systems” are thus fully solvent so long as the Federal Government is. Further, as explained below, under our monetary arrangements there is no “solvency” issue for the federal government as a whole. The federal government is “solvent” so long as U.S. banks are required to accept US. Government checks — which is to say so long as there is a Federal authority in the Republic. This point has been demonstrated repeatedly in times of stress, notably during the Civil War and World War II. 7. As a Transfer Program, Social Security is Also Irrelevant to Deficit Economics. Political discussions of “long-term fiscal sustainability” — including in the Charter for this Commission — make an economic error when they loosely use the word “entitlements” and suggest that supposed economic dangers of federal deficits (for instance, rising real interest rates) can be reduced by “entitlement reform.” As a matter of economics, this is not true. “Government Spending” — as any textbook will verify — is a component of GDP only insofar as the spending is directly on purchases of goods and services. That alone is what economists mean by the phrase “government spending.” GDP is the final consumption of produced goods and services, and government is one of the major consuming sectors; the others being private business (investment) and households (consumption). Social Security is a transfer program. It is not a spending program. A dollar “spent” on Social Security does not directly increase GDP. It merely reallocates a dollar from one potential final consumer (a taxpayer) to another (a retiree, a disabled person or a survivor). It also reallocates resources within both communities (taxpayers and beneficiaries). Specifically, benefits flow to the elderly and to survivors who do not have families that might otherwise support them, and costs are imposed on working people and other taxpayers who do not have dependents in their own families. Both types of transfer are fair and effective, greatly increasing security and reducing poverty — which is why Social Security and Medicare are such successful programs. Transfers of this kind are also indefinitely sustainable — in fact there can intrinsically be no problem of sustainability with transfer programs. Apart from their effect on individual security, a true transfer program uses (by definition) no net economic resources. The only potential macroeconomic danger from “excessive” transfers is that the transfer function may be badly managed, leading to excessive total demand and to inflation. But there is no risk of this so long as the financial crisis remains uncured. Under present conditions Social Security and Medicare are bulwarks for stabilizing a total demand that would otherwise be highly deficient. Similarly, cutting Social Security benefits, in particular, merely transfers real resources away from the elderly and toward taxpayers, and away from the poor toward those less poor. One can favor or oppose such a move on its own merits as social policy – but one cannot argue that it would save real resources that are otherwise being “consumed” by the government sector. The conclusion to be drawn is that Social Security should in any event be off the agenda of your Commission, as it is a transfer program and not a program of public spending in the economic sense. In particular it does not use capital resources and will not drive up interest rates. This is true whether the “Social Security System” is in internal balance or not. 8. Markets are not calling for Deficit Reduction; Now or Later. Let me turn next to a larger economic question. Do deficit projections matter? Are they important? Was the President well-advised to frame the mandate of the Commission as he did? What, in short, are the economic consequences of a high public deficit and a rising debt-to-GDP ratio, and what (if any) benefits are to be expected from creating an expectation that deficits will come down and that the debt-to-GDP ratio will fall? The idea that US economic policy should aim for a path of reduced deficits in the future, is shared by liberals and conservatives, and it is, from a political standpoint, a very powerful idea. The Commission’s charter takes for granted that this goal is desirable. It specifies that your objective is to achieve a balanced “primary budget” — net of interest payments, by 2015. Yet your charter does say why this is an appropriate goal. It cites no study to which one might refer. It does not explain why 2015 is the right target date, as opposed to (say) 2025 or even 2050. It does not spell out the economic consequences — if any — of failing to meet the stated objective. Does the requirement make economic sense? I shall tackle that question in two parts. The first accepts the view most people hold of the fiscal and financial world. The second reflects, from an operational standpoint, how that world actually works in practice. Most informed laymen believe that the Federal government must borrow in order to spend. They believe that the interest rate on Treasury securities is set in a market for government bonds. The markets impose discipline on the government. Thus their idea is that “fiscal responsibility” will produce low long-term interest rates and tolerable borrowing conditions for the federal government, while “irresponsibility” will be punished by higher, and eventually intolerable, debt service costs. Accepting this view for the moment, what does the present level of long-term interest rates tell us? As I write, thirty year Treasury bonds are yielding just over four percent — or just a little more than half their yield a decade back. On the argument just given, this must be an extraordinary success of virtuous policy. It seems that Wall Street has made a strong vote of confidence in the fiscal probity of our current policies. This vote is unqualified, backed by money, contingent on nothing. It therefore represents a categorical rejection, by Wall Street itself, of the CBO’s doomsday scenarios and all other deficit-scare stories. On this theory, it follows that the mandate to reduce the primary deficit to zero by 2015 is unnecessary. Such an action can hardly reduce interest rates — neither short nor long-term — which are already historically low. But wait a minute, some may say. Yes interest rates are low at the moment. But bond markets are fickle, they can turn on a dime. And what then? Yes, it is possible that interest rates could rise. But the problem with this argument is that it takes us away from the premise of rationality. If bond markets are fickle and arbitrary, who is to say what they will do in response to any particular policy? In the face of irrational markets, the sensible policy is to borrow heavily for so long as they are offering a good deal. One may say that all good things end, and perhaps they will. But if markets are irrational, then by construction you cannot prevent this by “good behavior.” The conclusion from this section is that one cannot logically argue that markets insist on deficit reduction. Either the markets are rationally unworried about deficits, or they are acting irrationally right now, in which case they can hardly “insist” on anything. 9. In Reality, the US Government Spends First & Borrows Later; Public Spending Creates a Demand for Treasuries in the Private Sector. As noted, the above argument is based on the common belief that the government must borrow in order to spend, and thus that the government faces “funding risks” in private markets. Such risks exist, of course, for private individuals, for companies, for state and local governments, and for national governments such as Greece that have ceded monetary sovereignty to a central bank. But the situation of the United States government is quite different. The U.S. government spends (and the Federal Reserve lends) in a very simple way. It does so by writing checks — in fact simply by marking up numbers in a computer. Those numbers then appear in the bank accounts of the payees, who may be government employees, private contractors, or the recipients of federal transfer programs. The effect of government check-writing is to create a deposit in the banking system. This is a “free reserve.” Banks of course prefer to earn interest on their reserves. Thus they demand a US Treasury bond, which pays more interest without incurring any form of credit or default risk. (This is like moving a deposit from a checking to a savings account.) The Treasury can meet that demand, or not, at its option — it can permit, or not permit, the stock of US Treasury bonds in circulation to increase. So long as U.S. banks are required to accept U.S. government checks — which is to say so long as the Republic exists — then the government can and does spend without borrowing, if it chooses to do so. And if it chooses to issue Treasuries to meet the demand, it can do that as well. There is never a shortfall of demand for Treasury bonds; Treasury auctions do not fail. In the real world, the government creates demand for bonds by spending above the level drained by taxation from the system. The extent to which those bonds are held locally, or abroad (another common source of worry) depends on the US current account deficit. This also has nothing to do with approval or disapproval by foreign bankers, central bankers, or their governments of American deficit policy. A foreign country cannot acquire a US Treasury bond unless someone outside the United States has acquired dollars to pay for them, which is generally done by running a trade surplus with the United States. And when foreigners do acquire those dollars, then like domestic banks they prefer to earn interest, which is why they buy Treasury bonds. Insolvency, bankruptcy, or even higher real interest rates are not among the actual risks to this system. The actual risks in this system are (to a minor degree) inflation, and to a larger degree, depreciation of the dollar. However at the moment there is wide agreement that a lower dollar would be a good thing — against the Chinese RMB and now also the euro. So it is difficult to believe that the goal of deficit reduction per se serves any coherent, or presently desirable, economic objective. We can conclude that there is actually no economic justification for the target of reducing the primary deficit to zero by 2015 or any other date. The right economic objectives are to meet real problems, not those conjured from thin air by economists. Bringing about a rapid end to unemployment, caring properly for an aging population, cleaning up the Gulf of Mexico, coping with our energy insecurity and with climate change are all far more important objectives than reducing a projection of future budget deficits. 10. The Best Place in History (for this Commission) Would be No Place At All. Most people assume that “bipartisan commissions” are designed to fail: they are given thorny (or even impossible) issues and told to make recommendations which Congress is free to ignore or reject. In many cases — yours is no exception — the goal is to defer recognition of the difficulties for as long as possible. You are plainly not equipped by disposition or resources to take on the true cause of deficits now and in the future: the financial crisis. Recommendations based on CBO’s unrealistic budget and economic outlooks are destined to collapse in failure. Specifically, if cuts are proposed and enacted in Social Security and Medicare, they will hurt millions, weaken the economy, and the deficits will not decline. It’s a lose-lose proposition, with no gainers except a few predatory funds, insurance companies and such who would profit, for some time, from a chaotic private marketplace. Thus the interesting twist in your situation is that the Republic would be better served by advancing no proposals at all.

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Richard Zombeck: Scott Brown Has Put the People’s Seat Up For Sale

June 30, 2010

Now that Scott Brown has managed to score the same backroom deals he opposed during his campaign run for Senator of Massachusetts he’s threatening to vote against the financial reform bill he’s said he was for. Sound confusing? It really isn’t when you consider Brown is among the top five congressional recipients of “contributions” from the finance/insurance/real estate industry. An impressive rank to have achieved compared to the other four who have spent years in the Senate. The usual story of Scott Brown’s election to the Senate in MA is that he was put there to kill health care reform. But all the money he’s getting from the finance industry makes it clear that they may be hoping he will also be the 41st Republican to kill financial reform. According to his profile on OpenSecrets.org all of his top campaign contributors are financial companies. In April of this this year, Brown was asked for his opinion on the financial regulatory reform bill. ” I can’t support it ,” he said. When asked what areas he thought should be fixed, he replied: “Well, what areas do you think should be fixed? I mean, you know, tell me. And then I’ll get a team and go fix it,” he said, talking to a reporter who wanted to know what kind of changes he hoped to see. Brown said one of his main concerns is that the legislation is “going to be an extra layer of regulation,” which is true. That’s the point of the legislation. The financial industry nearly destroyed the global economy as a result of lacking regulation. That’s why this legislation is being argued: to bring oversight and accountability through regulation. Brown went on to say that he finds the notion of a Consumer Financial Protection Agency problematic because “it’s more government.” He added, “Is that good? … If it’s an area we need to fix, then I’m certainly open to it. But I haven’t heard that that’s the biggest thing that’s problematic with it.” Sen. Dick Durbin (D-Ill), has been quoted repeatedly as saying, “And the banks — hard to believe in a time when we’re facing a banking crisis that many of the banks created — are still the most powerful lobby on Capitol Hill. And they frankly own the place.” Brown, who has, by his own admission, carved out deals for Fidelity Investments, State Street, and MassMutual, among other Massachusetts based financial institutions can’t make Durbin’s point any clearer. In addition he’s argued for major loopholes in the Volker Rule that would allow firms to continue to gamble with taxpayer-backed capital. In the meantime, Brown recently blocked a bill extending unemployment. As a result of this vote 1.2 million people lost access to the extended unemployment benefits. Several hundred thousand are being added to that number every week. Fifty million Medicare claims from June are currently in process at the reduced rate, according to AARP. The Center on Budget and Policy Priorities estimates that dropping the $24 billion in aid to states will lead to cuts in services and thousands of layoffs, and that spending cuts to close states’ aggregate budget shortfall  in 2011 would lead to 900,000 public- and private-sector layoffs. On a Tuesday morning WBUR interview with Deborah Becker, Barry Bluestone , dean of the School of Social Sciences, Urban Affairs and Public Policy at Northeastern University, speculated that over two million people will be without benefits once the program expires. According to Bluestone, 10,000 people will lose crucial funds every week in Massachusetts alone. This decision sparked a rally on Monday in front of his Boston office by an estimated 500 protester representing dozens of activist, education, and labor organizations urging Brown to stop blocking a vote on the FMAP bill, containing $700 Million in federal relief. “Let Senator McConnell, let Senator Collins, let Senator Brown and every other Republican explain why one of their own constituents doesn’t deserve to keep their job, shouldn’t be able to send their kid to college, can’t put food on their table without maxing out their credit cards,” said Lori Lodes an employment and labor activists with SEIU. “Rooting against America, Republicans are taking pride in keeping families out of work as their only strategy for winning elections.” Brown’s latest argument and rhetoric when it comes to financial reform is that the fees and assessments that the bill requires banks to pay amount to a tax and that he has vowed never to vote for a tax increase. Of course when Massachusetts residents voted for him they were assuming he meant their taxes, not those of Wall Street. Statements like those make it apparent that Brown is no less confused by financial reform than he was in April during an interview with the Boston Globe or when I and other Bay-State activists met with his staffer Nat Hoopes in D.C. and were told the only things in the bill Brown was opposed to was the so called “slush fund” in respect to the resolution authority designed to ensure that the banks themselves – not the taxpayers will have to pay for future failings. Now, according to Brown, it’s a “tax”. Brown and others in the GOP can call it a tax as much as they want. The truth, which they seem to conveniently avoid, is that it is a fee of $3-4 Billion per year (less than 10 percent of their yearly bonuses) to be collected until the sum reaches $20 Billion. After 25 years the fund would go towards the deficit. A small price to pay for an $800 billion tax-payer bailout and having almost brought the world economy to its knees. Any time someone alludes to Brown having filled or taken Sen. Ted Kennedy’s seat, Brown quickly responds coyly with, “it’s the people’s seat.” It’s become apparent that the people’s seat is for sale.

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Richard Zombeck: Scott Brown Has Put the People’s Seat Up For Sale

June 30, 2010

Now that Scott Brown has managed to score the same backroom deals he opposed during his campaign run for Senator of Massachusetts he’s threatening to vote against the financial reform bill he’s said he was for. Sound confusing? It really isn’t when you consider Brown is among the top five congressional recipients of “contributions” from the finance/insurance/real estate industry. An impressive rank to have achieved compared to the other four who have spent years in the Senate. The usual story of Scott Brown’s election to the Senate in MA is that he was put there to kill health care reform. But all the money he’s getting from the finance industry makes it clear that they may be hoping he will also be the 41st Republican to kill financial reform. According to his profile on OpenSecrets.org all of his top campaign contributors are financial companies. In April of this this year, Brown was asked for his opinion on the financial regulatory reform bill. ” I can’t support it ,” he said. When asked what areas he thought should be fixed, he replied: “Well, what areas do you think should be fixed? I mean, you know, tell me. And then I’ll get a team and go fix it,” he said, talking to a reporter who wanted to know what kind of changes he hoped to see. Brown said one of his main concerns is that the legislation is “going to be an extra layer of regulation,” which is true. That’s the point of the legislation. The financial industry nearly destroyed the global economy as a result of lacking regulation. That’s why this legislation is being argued: to bring oversight and accountability through regulation. Brown went on to say that he finds the notion of a Consumer Financial Protection Agency problematic because “it’s more government.” He added, “Is that good? … If it’s an area we need to fix, then I’m certainly open to it. But I haven’t heard that that’s the biggest thing that’s problematic with it.” Sen. Dick Durbin (D-Ill), has been quoted repeatedly as saying, “And the banks — hard to believe in a time when we’re facing a banking crisis that many of the banks created — are still the most powerful lobby on Capitol Hill. And they frankly own the place.” Brown, who has, by his own admission, carved out deals for Fidelity Investments, State Street, and MassMutual, among other Massachusetts based financial institutions can’t make Durbin’s point any clearer. In addition he’s argued for major loopholes in the Volker Rule that would allow firms to continue to gamble with taxpayer-backed capital. In the meantime, Brown recently blocked a bill extending unemployment. As a result of this vote 1.2 million people lost access to the extended unemployment benefits. Several hundred thousand are being added to that number every week. Fifty million Medicare claims from June are currently in process at the reduced rate, according to AARP. The Center on Budget and Policy Priorities estimates that dropping the $24 billion in aid to states will lead to cuts in services and thousands of layoffs, and that spending cuts to close states’ aggregate budget shortfall  in 2011 would lead to 900,000 public- and private-sector layoffs. On a Tuesday morning WBUR interview with Deborah Becker, Barry Bluestone , dean of the School of Social Sciences, Urban Affairs and Public Policy at Northeastern University, speculated that over two million people will be without benefits once the program expires. According to Bluestone, 10,000 people will lose crucial funds every week in Massachusetts alone. This decision sparked a rally on Monday in front of his Boston office by an estimated 500 protester representing dozens of activist, education, and labor organizations urging Brown to stop blocking a vote on the FMAP bill, containing $700 Million in federal relief. “Let Senator McConnell, let Senator Collins, let Senator Brown and every other Republican explain why one of their own constituents doesn’t deserve to keep their job, shouldn’t be able to send their kid to college, can’t put food on their table without maxing out their credit cards,” said Lori Lodes an employment and labor activists with SEIU. “Rooting against America, Republicans are taking pride in keeping families out of work as their only strategy for winning elections.” Brown’s latest argument and rhetoric when it comes to financial reform is that the fees and assessments that the bill requires banks to pay amount to a tax and that he has vowed never to vote for a tax increase. Of course when Massachusetts residents voted for him they were assuming he meant their taxes, not those of Wall Street. Statements like those make it apparent that Brown is no less confused by financial reform than he was in April during an interview with the Boston Globe or when I and other Bay-State activists met with his staffer Nat Hoopes in D.C. and were told the only things in the bill Brown was opposed to was the so called “slush fund” in respect to the resolution authority designed to ensure that the banks themselves – not the taxpayers will have to pay for future failings. Now, according to Brown, it’s a “tax”. Brown and others in the GOP can call it a tax as much as they want. The truth, which they seem to conveniently avoid, is that it is a fee of $3-4 Billion per year (less than 10 percent of their yearly bonuses) to be collected until the sum reaches $20 Billion. After 25 years the fund would go towards the deficit. A small price to pay for an $800 billion tax-payer bailout and having almost brought the world economy to its knees. Any time someone alludes to Brown having filled or taken Sen. Ted Kennedy’s seat, Brown quickly responds coyly with, “it’s the people’s seat.” It’s become apparent that the people’s seat is for sale.

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Sen. Russ Feingold: Standing Up to the Unholy Alliance Between Washington and Wall Street

June 30, 2010

Wall Street and its allies have been calling the shots in Congress for decades, so they must be glad to see how things are shaping up on financial regulatory reform. Congress is about to vote on a final bill that fails to fix the key flaws in the bills passed by both the House and Senate. At the start of this process I made clear that I had a simple test for financial reform — will it stop another financial meltdown? This bill fails that test, and I won’t support legislation that fails to protect the people of Wisconsin from the pain of another economic disaster. And I don’t need to be lectured about this issue by people who supported the repeal of Glass-Steagall, which paved the way for this terrible recession. I had hoped I would be able to support the legislation, given the clear need for strong reform. I cosponsored a number of critical amendments during Senate consideration of the bill including a Cantwell-McCain amendment to restore Glass-Steagall safeguards, Senator Dorgan’s amendment that addressed the problem of “too big to fail” financial institutions, and another “too big to fail” reform offered by Senators Brown and Kaufman that proposed strict limits on the size of those institutions. Each of those amendments would have improved the bill significantly, and each of them either failed or was blocked from even getting a vote. After that, it wasn’t a close call for me. It would be a huge mistake to pass a bill that purports to re-regulate the financial industry but is simply too weak to protect people from the recklessness of Wall Street. That would be like building an impressive-looking dam without telling everyone that it has a few leaks in it. False security is no security at all. Since the Senate bill passed, I have had a number of conversations with key members of the administration, Senate leadership and the conference committee that drafted the final bill. Unfortunately, not once has anyone suggested in those conversations the possibility of strengthening the bill to address my concerns and win my support. People want my vote, but they want it for a bill that, while including some positive provisions, has Wall Street’s fingerprints all over it. In fact, reports indicate that the administration and conference leaders have gone to significant lengths to avoid making the bill stronger. Rather than discussing with me ways to strengthen the bill, for example, they chose to eliminate a levy that was to be imposed on the largest banks and hedge funds in order to obtain the vote of members who prefer a weaker bill. Nothing could be more revealing of the true position of those who are crafting this legislation. They had a choice between pursuing a weaker bill or a stronger one. Their decision is clear. On this bill, like the others that preceded it, the biggest financial interests have won. I’ve seen this too many times before. When I was in the Wisconsin State Senate, I chaired the Senate Banking Committee for nearly a decade, and fought against enactment of an interstate banking law that resulted in the concentration of financial assets and most large Wisconsin banks being bought up by even larger out-of-state banks. Shortly after I came to the U.S. Senate we considered a national interstate banking bill, the Riegle-Neal Interstate Banking and Branching Act of 1994, which accelerated the concentration of financial assets, and the creation of “too big to fail” firms. I was one of only four senators to oppose that legislation. Five years later, I was one of only eight Senators to oppose the Gramm-Leach-Bliley Act, the bill that repealed Glass-Steagall and paved the way for this disastrous recession, which has been an economic nightmare for so many Americans. Those two measures — the 1994 law and the 1999 law — accelerated the trend toward increased concentration of financial assets, aggravating the problem of “too big to fail.” Before those two laws were enacted, the six largest U.S. banks had assets equal to 17 percent of our GDP. Today the six largest U.S. banks have assets equal to more than 60 percent of our GDP. Ultimately, it was the threat of the failure of the nation’s largest financial institutions that spurred the Wall Street bailout. I opposed that measure as well, in part because it was not tied to any fundamental reforms of our financial system that would prevent a future crisis and the need for another bailout. We could have had a much tougher reform package if the bailout had been tied to such a measure. Every single one of those bills caved to Wall Street and the biggest financial interests, and so does the current regulatory reform bill. Economist Dean Baker called this bill a “fig leaf,” and former IMF Economist Simon Johnson has slammed the bill’s failure to address “too big to fail.” These experts paint an accurate picture of this bill’s failings, and frankly those failings shouldn’t come as a surprise. Many of the critical actors who shaped this bill were present at the creation of the financial crisis. They supported the enactment of Gramm-Leach-Bliley, deregulating derivatives, even the massive Interstate Banking bill that helped grease the “too big to fail” skids. It shouldn’t be a surprise to anyone that the final version of the bill looks the way it does, or that I won’t fall in line with their version of “reform.” This bill caves to Wall Street interests, it doesn’t meet the test of preventing another financial crisis, and it won’t get my vote.

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Lloyd Chapman: Obama Small Business Forum Was A Slap In The Face To Small Businesses

June 30, 2010

I attended the Obama Administration’s small business forum in Washington D.C. on Monday, June 28. Virtually every aspect of the event clearly demonstrated that President Obama and the members of his administration could not care less about what small business owners think. After attending the event it is obvious to me that President Obama has absolutely no intention of adopting any pro-small business policies. I predict President Obama will use his Small Business Task Force and the Small Business Forum as a ploy to adopt anti-small business policies that will reduce federal contracting opportunities for legitimate small businesses. I believe the recommendations that will come from the task force will divert billions of dollars in federal small business contracts to large businesses and wealthy venture capitalists that backed President Obama’s campaign. Here are some of the reasons I am expecting anti-small business policies from President Obama. How about a national “small business forum” that lasted three and a half hours. It would be impossible to find another example anywhere in government where a national forum lasted three and half hours. The supposed purpose of the forum was to hear comments from the attendees. Only 150 minutes was allocated for the approximately 300 attendees to be heard. That’s 30 seconds per person. The event was announced just two weeks before it began and interested small business owners were given just one week to register. I believe the event was specifically designed to discourage small business owners from outside the Washington D.C. area from attending. Would you fly to Washington for a three and a half hour meeting where you might not even get in or be allowed to speak? Their plan worked because over 90 percent of the firms in attendance were from the D.C. area. There were four microphones placed around the auditorium. Small business owners that wanted to speak lined up behind the microphones at the beginning of each discussion. During each of the three 50 minute discussion sessions only half of the people in line were heard. Small Business Administration (SBA) Administrator Karen Mills spoke at the “national small business forum” for just ten minutes and did not take any comment or questions. Unbelievable. Mills promised all the comments from the meeting would be included in the task force recommendations. This is where I expect the real deception to take place. In addition to the oral comments at the event, the task force is taking written comments. I have seen this tactic used before by the SBA to try and justify anti-small business policies. They will propose a staggering anti-small business policy and then claim that small business owners requested it. They used this technique to propose a grandfathering policy, which allowed Fortune 500 firms to keep federal small business contracts for five years. The SBA claimed small business owners requested the grandfathering policy. As much as $500 billion in federal small business contracts have been diverted to Fortune 500 firms and large business under the SBA grandfathering policy. In 2006, the SBA removed the annual revenue and the number of employees of all government contractors from the government’s Central Contractor Registration (CCR) database. This made it much more difficult to determine if a firm that had received a federal small business contracts was actually a legitimate small business. The SBA claimed the move was prompted by calls from small business owners. The most insulting aspect of the Obama “Small Business Task Force” and the Obama “National Small Business Forum” is the absurd notion that President Obama does not know what to do to help small business land more federal contracts, and is desperately searching for new ideas. Here is a new idea for President Obama, why don’t you do what you said you would do during the campaign. During the Presidential campaign, then Senator Barack Obama released the statement, “It is time to end the diversion of federal small business contracts to corporate giants.” ( http://www.barackobama.com/2008/02/26/the_american_small_business_le.php ) If President Obama would just keep this one campaign promise to the nation’s 27 million small business owners, it would quadruple the volume of federal small business contracts flowing to legitimate small business and create more jobs than any proposal that has ever been proposed by his administration or Congress. The fact that this will never happen is proof President Obama is not the man we all hoped he would be, and our government is a corrupt as ever.

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Stuart Whatley: Orrin Opens the Hatch

June 29, 2010

Day two of the Elena Kagan Supreme Court confirmation hearing saw an act of political soap-boxing by Utah Senator Orrin Hatch, who dedicated the brunt of his time to the left’s griping over January’s Citizens United decision. Some of his frustration is likely deserved — a few responses to the ruling may have gone above and beyond the call of shrillness (further elucidation on that here ). But nor was the content of Hatch’s tirade without its flaws. His claim that the decision is widely supported does not reflect polls taken in its aftermath . And as Constitutional Accountability Center founder Doug Kendall notes , the Utah Republican conveniently avoided a central argument of the case: whether corporations should enjoy the same equal rights as individuals to vote, run for office, and participate in electioneering. Just as revealing as these outstanding blemishes though is what Hatch had to say about Utah small businesses and S Chapter corporations (small chartered, incorporated entities that can have as few as one shareholder), which by his conjecture would lose free speech rights if corporate political speech were to be managed. On some issues it is expected that the business community will unite homogeneously around a common cause, such as on taxation. But bundling in small businesses and S Chapters with multinational corporations that comprise forceful “special interests*” largely ignores the way influence peddling works in American politics. When one looks to the most destructive and inane policies operative today, or to lobbying and electioneering efforts that effectively “drown out” the voice of the people, rarely is it disparate laundromat owners or lawn services that raise eyebrows. Though Wall Street and health insurers have stolen the show this year, these are merely the latest installments in a long saga whereby the general public ultimately suffers from a concentrated industry’s bloated gains. More often than not, the story is eventually told of how that industry made its own bed through policy-oriented efforts to avoid oversight and costly regulations, or to garner the largess of contracts and extravagant subsidies. For the past decade a famously egregious but hardly exceptional example of waste stemming from special interest influence is the U.S. sugar program, which pointlessly subsidizes the largest sugar producers at an estimated cost of $2 billion annually to American households . Equally concerning is the massive waste of taxpayer dollars due to an unseemly favoritism for wildly expensive defense contractors and foreign aid distributors prosecuting American adventures abroad. In fact, another salient example could be some public labor unions , which Hatch conveniently groups in with corporations as fellow influence peddlers (the implication being that equal opportunity institutional corruption is unproblematic). Single-cause special interests in politics more resemble business cartels like OPEC than innocuous collections of freethinking but like-minded individuals. The distortive power of such highly concentrated funds on specific legislative causes cannot be overstated, and it is influence individual citizens and small business owners cannot match. In 1998, the year the sugar program began, it’s estimated that the industry enjoyed a net gain of over $1 billion at a campaigning cost of only $2.8 million because its vast reserves of potential electioneering funds were leveraged into powerful campaign threats. Donating to a pliable candidate with the threat of funding his next opponent tenfold is common practice, and it turns $2,000 spent into $12,000 worth of influence gained. What’s more, the ruling in Citizens United furnishes special interests with far more threat credibility than they previously had at their disposal. This influence equally pervades all parties and campaigns, and it has a knack for building up those who are most susceptible. Very rarely do the policy victories attained partly or wholly through such means benefit anyone else. The sugar program has done nothing but reward a few large producers at the expense of billions of dollars to consumers. The regulatory breakdown in the financial sector and that sector’s subsequent growth over the past two decades has resulted in a crash that leaves millions of homes underwater or in foreclosure and middle class incomes stagnant, to say nothing of the national debt to GDP ratio leaping up 30 percent. The influence of nationwide health insurers first ushered in significantly higher costs for care over time, and has now resulted in a reform bill that profoundly expands those very insurers’ customer bases without challenging their status as legal monopolies. Scenarios of this nature that benefit genuine small businesses and striving midsized S Corporations are simply nowhere to be found. Nor does the situation arise abruptly. Each is the foreseeable product of years of influence that is eternally trickling into the system widely unbeknown to the rest of us — American workers and business owners who are busy holding a job, raising a family, pursuing an education, or just trying to stay out of the red (or wondering why sugar is always costing more and more). When politicians from both sides of the spectrum — including Senator Hatch — condemn waste, fraud and abuse in government, these are the types of surreally counterproductive policy scenarios of which they speak. So, it doesn’t take much to see the irony in a politician simultaneously condemning waste in government while championing measures that further enable special interest participation in policy making. * The definition I am using for “special interests” in this post is that used by the IMF’s Marcos Chamon and Stockholm University’s Ethan Kaplan . It states that: “Special interest groups care only about a particular policy, and do not care inherently about which candidate wins the election as long as their special interest policy is supported by the winner.” Related Readings: Financial Reform Won’t Alter Capitalism’s Icarus Trajectory The Capitalist Hagiography Has Little Room for Saints Citizens United , the Roberts Court, and the Future of American Electioneering Obama’s State of the Union Falls Short on Correcting Citizens United American Plutocracy: Corruption Is In the Eyes of the Beholder

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Dan Solin: Your Call to Action: The Financial Reform Myth!

June 29, 2010

Here’s all you need to know about pending legislation relating to financial reform: Banks stocks soared on June 25, 2010 as news of the new bill was circulated. In an excellent commentary , Jane Bryant Quinn noted that investor protection was gutted in the Senate version of the bill by removing any obligation of brokers and insurance agents to act in the best interests of their clients. Registered Investment Advisors have this obligation (known as a “fiduciary duty”). Why anyone would hand over their money to someone who can place their interests above their clients is beyond me, but that is precisely what most investors do. More appalling is the fact that most employers entrust their 401(k) plans to the same brokers and advisers. Employers have a fiduciary obligation to their employees to insure their 401(k) plans are in the best interest of the employees. You would think they would want their investment professionals to live up to the same standard. Legally, this issue is very significant. A real fiduciary under ERISA (the federal law governing retirement plans) accepts 100% of the liability for the selection and monitoring of investment options. Brokers and insurance agents toss the “fiduciary” label around, but they accept no liability for the expensive, under-performing mutual funds they select for 401(k) plans. Insurance companies are particularly ingenious at disguising their lack of fiduciary responsibility. Some issue a “Fiduciary Warranty” which seems very impressive. However, when you read the small print, this “warranty” disclaims all fiduciary responsibility! If you are an employer and want to confirm whether the investment adviser to your 401(k) plan is a real fiduciary, require the following statement to be signed and returned to you: “We confirm we are 3(38) fiduciaries under ERISA.” Accept no departures from this language. You should not count on getting it back. Congress is beholden to the securities industry. As Ms. Quinn notes, Sen. Tim Johnson (D. South Dakota), was responsible for eliminating the proposal in the House version of the bill that would have imposed fiduciary responsibility on all advisers. He’s not known as “the Senator from Citibank” for nothing. Since no meaningful legislative reform will be forthcoming, investors need to take action. Here are some suggestions you can easily implement: 1. Don’t do business with anyone who will not accept fiduciary responsibility in writing; 2. Don’t do business with anyone who requires you to submit to mandatory arbitration, particularly if the designated forum is FINRA, which is an industry trade association pretending to be a neutral arbitration forum. 3. If your employer does not match your 401(k) contribution, don’t participate in the plan. Instead, consider a traditional or a Roth IRA (if you qualify). 4. Even if your employer does match, consider not participating in your plan. This may, or may not, be a sound financial decision, but you’ll feel good about not participating in system designed to enrich brokers, advisers and mutual funds at your expense. Let’s face it. You’re on your own. However, by taking these simple steps you can (and should) opt out of a system that has destroyed the lives of so many hard working Americans. The views set forth in this blog are the opinions of the author alone and may not represent the views of any firm or entity with whom he is affiliated. The data, information, and content on this blog are for information, education, and non-commercial purposes only. Returns from index funds do not represent the performance of any investment advisory firm. The information on this blog does not involve the rendering of personalized investment advice and is limited to the dissemination of opinions on investing. No reader should construe these opinions as an offer of advisory services. Readers who require investment advice should retain the services of a competent investment professional. The information on this blog is not an offer to buy or sell, or a solicitation of any offer to buy or sell any securities or class of securities mentioned herein. Furthermore, the information on this blog should not be construed as an offer of advisory services. Please note that the author does not recommend specific securities nor is he responsible for comments made by persons posting on this blog.

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Scott Brown’s Sweetheart FinReg Deal Needs A Snappy Nickname

June 28, 2010

Over at the Wonk Room, Pat Garofalo takes a moment this morning to discuss the sweetheart deal that Senator Scott Brown (R-Mass.) carved out of the financial regulatory reform negotiations to benefit banks in his home state: As the conference committee reconciling the House and Senate versions of financial regulatory reform went through its marathon 20 hour negotiating session on Thursday night, an exception to the Volcker rule — which prevents banks from trading for their own benefit with federally insured dollars — was added at the behest of Sen. Scott Brown (R-MA). The exception, which was pushed by large Massachusetts-based financial firms State Street Corp. and Mass Mutual, allows banks to invest up to three percent of their capital in risky hedge funds and private equity firms and to continue managing those funds. These exemptions could undermine the effectiveness of the rule, as State Street is a great example of a financial firm that specialized in relatively benign financial practices, but then became systemically important by building up a huge amount of credit risk and engaging in risky trading. Ultimately, it needed to be rescued by federal intervention. Garofalo has more about how this “strikes at the very heart of the Volcker rule, so get thee hence to learn more. What I’d like to know is why we don’t yet have a snappy, headline-ready nickname for this little bit of chicanery, like “Cornhusker Kickback” or “Louisiana Purchase.” If you have any suggestions, feel free to leave it in the comments. RELATED: Scott Brown Receives Special Deal In Financial Reform Bill, But Still May Vote Against It [Wonk Room] [Would you like to follow me on Twitter ? Because why not? Also, please send tips to tv@huffingtonpost.com -- learn more about our media monitoring project here .]

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Eric Rodriguez: Latino Consumers Have Much to Celebrate in New Banking Bill

June 25, 2010

Early this morning, lawmakers finalized the banking reform bill. The “Restoring American Financial Stability Act of 2010″ is a great victory for consumers, who will now have vastly improved protections against predatory lending. The bill also contains very strong and much-needed foreclosure assistance. This is an historic piece of legislation that will change financial markets for the better. The one unfortunate blemish was Congress caving to the will of auto dealers and exempting them from new federal oversight. In a momentary lapse back into politics as usual, lawmakers shielded a loosely regulated industry from accountability. This occurred over strenuous objections from President Obama, the Pentagon, independent community banks, civil and consumer rights organizations, Congressman Gutierrez (D-IL), and many others who know all too well how auto dealers have exploited Latinos and other consumers seeking to finance their car purchases. Communities of color are most frequently targeted by abusive lenders in the auto industry and the National Council of La Raza (NCLR) pledges to work with regulators, consumer advocates, and the industry to end discrimination and exploitation in auto dealer financing. That said, on balance, there is much to celebrate about this legislation. We congratulate our champions on several major victories: Consumer Financial Protection Bureau (CFPB) The creation of a CFPB is unprecedented. This bureau will be entirely devoted to protecting families from predatory loans and other unsound financial products. It will be autonomous and have the authority to write and enforce rules. This is the cornerstone of true consumer rights. Money Transfers New disclosures included in the legislation will create a more transparent process for wiring money abroad. Tens of billions of U.S. dollars are sent every year by American residents to their relatives overseas. In fact, immigrants from Mexico alone sent over $17.3 billion home in 2009. These same remitters also spent an estimated $948 million in fees and other costs getting it there. New protections championed by Congressman Gutierrez and Senator Akaka (D-HI) will create a disclosure that displays the true cost of the remittance and the value received. Foreclosure Assistance Two provisions stand as real boosts for those struggling with foreclosure , as experts estimate that more than 2.3 million Black and Latino households will lose their homes to foreclosure between 2009 and 2012 and approximately two million Blacks and Latinos have lost their jobs since the recession began. The first includes a bridge loan program for unemployed homeowners while they look for a job. The second is an infusion of funding for a Neighborhood Stabilization Program (NSP) that allows states to purchase and redevelop foreclosed homes. A solid NSP can also help generate employment in hard-hit areas. Mortgage Protection Reckless and deceptive lending has severely impacted Latinos and other communities of color. For example, Latinos are 30% more likely than Whites to receive a high-cost loan when purchasing their home. They are also more likely to receive loans with high-risk features. The bill includes comprehensive mortgage reform and antipredatory lending measures essential to combating abusive lending practices that played a key role in the economic crisis. Financial Counseling Funds will be infused into community-based organizations that offer financial counseling. They will help families open bank accounts, build credit, identify an affordable car loan or credit card, and recover from a foreclosure or bankruptcy. This service is critical to helping consumers recover and avoid disastrous products in the future. Safe Bank Accounts Low-income, minority, and underbanked families will have access to safe and affordable bank accounts. Currently, many Latino consumers rely on fringe financial products such as payday and car title loans to pay their bills and otherwise make ends meet. Approximately 19.3% of Latinos and 21.7% of Blacks are unbanked, compared to only 3.3% of Whites. The bill will provide grants to help families connect to bank accounts and provide alternatives to payday loans.

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Financial Reform Bill Passes: Banks Keep Derivatives Units, Volcker Rules Softened; House-Senate Conference Passes Financial Reform Bill After Marathon Session

June 25, 2010

After nearly 20 hours over two final days filled with backroom dealing, House and Senate negotiators struck a grand compromise to merge the two chambers’ competing bills to reform the nation’s financial system in a party-line vote. But the long hours of closed-door meetings also appear to have fulfilled Wall Street’s greatest wish : Many of the measures that offered the greatest chances to fundamentally reshape how the Street conducts business have been struck out, weakened, or rendered irrelevant. Democrats unanimously supported passage; Republicans unanimously voted against it, warning that the bill doesn’t accomplish its central objective: ending the perception that some financial firms are too big to fail. The two most high-profile provisions were the last items to be considered. Neither emerged intact. One would have forced banks to stop trading financial instruments with their own capital and give up their stakes in hedge funds and private equity funds, named after their original proponent, former Federal Reserve Chairman Paul Volcker. The other would have compelled banks to raise tens of billions of dollars because they’d have to spin off their derivatives-dealing operations into separately-capitalized affiliates within the bank holding company, pushed by Senate Agriculture Committee Chairman Blanche Lincoln. As currently practiced both activities are highly lucrative, annually generating billions for the nation’s megbanks. The proposals were launched after perceived political vulnerabilities — the Obama administration announced the “Volcker Rules” after Massachusetts Republican Scott Brown won Ted Kennedy’s old Senate seat, while Lincoln announced her proposal under threat by a liberal challenger in Arkansas for her Senate seat. Both came to become litmus tests used to gauge whether policymakers were for Main Street or for Wall Street. Ultimately, despite widespread approval among those pushing for fundamental reform in the wake of the worst financial crisis since the Great Depression, yet perhaps aided by near-unanimous revulsion among those on Wall Street, both were watered down in front of C-SPAN cameras beginning around 11 p.m. ET. Democratic lawmakers had been rushing to complete the bill by Friday morning under a self-imposed deadline. The final vote was recorded at 5:40 a.m. The conference began their final day just before 10 a.m. on Thursday. The so-called Volcker Rules originally banned banks from using their own taxpayer-backed cash to speculate in the financial markets. The federal government stands behind bank deposits, and banks have access to cheap funds from the Federal Reserve. Volcker argued that banks shouldn’t use that subsidy to speculate. After days of leaks to the news media that the Senate was looking to ease the restrictions, on Thursday afternoon Senate conferees confirmed the rumors: banks could invest up to three percent of their tangible common equity in hedge funds and private equity firms. Tangible common equity — considered to be the strongest form of bank capital — is comprised of shareholder equity. A few hours later, the Senate amended its proposal, changing the metric from tangible common equity to Tier One capital. Banks have more Tier One capital than they have tangible common equity, so changing the requirement to the weaker form of capital allows banks to invest more of their cash in hedge funds and private equity funds. The concession was confirmed by Steven Adamske, spokesman for House Financial Services Committee Chairman Barney Frank. Using JPMorgan Chase, the nation’s second-largest bank by assets with more than $2.1 trillion, as an example, the bank would be able to invest an additional 40 percent of its cash, or more than $1.1 billion, in the activities that Volcker wanted to prohibit banks from engaging in, according to the firm’s latest annual filing with the Securities and Exchange Commission. Rep. Paul Kanjorski became visibly angry. The longtime Pennsylvania Congressman tried to reverse, at least partly, the Senate’s watering down of its own provision, calling it a “significant change.” “Some of our friends that are in the Senate … are annoyed with that enlargement, as I am,” Kanjorski said. Noting of the Senate’s new proposal that the House conferees “only had their offer for 20 minutes,” Kanjorski added that his counter-proposal was a midway point between tangible common equity and Tier One capital. Also, he noted, his compromise was “for purposes of getting along, but not to be taken advantage of, quite frankly.” His measure failed. Senate negotiators also announced they were carving out a class of financial institutions from the restrictions. The most immediate beneficiaries are State Street Corp., the nation’s 19th-largest bank with $153 billion in assets, and BNY Mellon, the nation’s 13th-largest bank with $221 billion in assets. The exemptions were granted to secure the support of Brown, the Senator from Massachusetts. That loophole survived. As for the measure’s proposed ban on banks trading with their own money, also known as proprietary trading, the agreed-upon provision calls for federal financial regulators to study the measure, then issue rules implementing it based on the results of that study. It could be anything from an outright ban to a barely-there limit. Lincoln’s provision, under fierce assault by the Treasury Department , the Obama administration, and a group of Wall Street-friendly Democrats called the New Democrat Coalition, also was softened. Lincoln’s proposal would have compelled the nation’s megabanks to move their swaps-dealing units, which deal and trade in a type of financial derivative product, into a separately-capitalized institution within the larger bank holding company. The affected firms collectively would have to raise tens of billions of dollars to protect their swaps desks in case their bets went bad. Or, they could have disband the activity altogether. Along with a few foreign banks, the nation’s largest domestic banks essentially control the swaps market in the U.S. By forcing them to divest their units into separate affiliates, which in turn would compel them to raise money to capitalize these affiliates, Lincoln’s measure could have forced them to scale down their operations. At the least, supporters say, it would have compelled them to have enough cash on hand in case their bets begin to sour, saving taxpayers from having to step in to prop up the banks like they did in 2008 — taxpayer support that continues today. Though Lincoln’s measure had the support of three regional Federal Reserve Bank presidents — James Bullard of St. Louis, Richard Fisher of Dallas, and Thomas Hoenig of Kansas City — representing the Fed and bankers in the broad middle of the country from Kentucky to Colorado, they ultimately were outmatched. The Fed’s Board of Governors, led by the nation’s central banker, Ben Bernanke; Federal Deposit Insurance Corporation Chairman Sheila Bair; Treasury Secretary Timothy Geithner; and the nation’s largest banks were united in their opposition. Two minutes before midnight, Collin Peterson, a Minnesota Democrat, announced that a deal over Lincoln’s divisive measure had been reached. “There’s been some work done by the administration and some of the senators on a potential compromise, I guess you could call it,” said Peterson, chairman of the House Agriculture Committee, in a reference to the Obama administration. The negotiations were not public. Rather than banks being forced to spin off their swaps desks, they’d be allowed to keep those units dealing with “the biggest part of all these derivatives,” Peterson said. The rest would be pushed out to an affiliate. Under the agreement, reached late Thursday, banks would continue to be allowed to deal interest rate and foreign exchange swaps, “credit derivatives referencing investment-grade entities that are cleared,” derivatives referencing gold and silver, and the firms would be allowed to hedge “for the banks’ own risk.” Banks would be forced to push out to their affiliates derivatives referencing “cleared and uncleared commodities, energies and metals (with the exception of gold and silver), agriculture, credit derivatives referencing non-investment grade entities and all equities, and any uncleared credit default swaps,” Peterson said. “Frankly, the biggest part of all these derivatives, by far, are the ones that I named that are going to be able to stay in the bank,” Peterson added. “Interest rate and foreign exchange are by far the greatest part of the amount of business that’s involved here.” Lincoln, while praising the overall bill, acknowledged that there was only so much she could do. “Our financial system is complicated and integrated and our time so limited that we couldn’t afford to dig in our heels, but must do something,” she said.

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Chuck Collins: Finally, A Progressive Estate Tax Introduced

June 24, 2010

Would you trust Sens. Max Baucus and Blanche Lincoln to design the next estate tax, our country’s only levy on inherited wealth? Unless progressives stand up, Baucus and Lincoln will team with the GOP’s anti-tax point person, Senator John Kyl, to push through a bad estate tax reform. The Kyl-Lincoln reform proposal would gut the law and give additional tax breaks to multi-millionaires and billionaires. Fortunately, Senate progressives have just introduced an estate tax reform with some spine. The Responsible Estate Tax Act proposes graduated rates on larger estates, closes loopholes, exempts farms and small businesses, and encourages conservation easements. It imposes a “billionaire surcharge” rate of 65 percent on estates over $500 million. Led by Senators Sherrod Brown (D-OH), Tom Harkin (D-IA) Bernard Sanders (I-VT), and Sheldon Whitehouse (D-RI), this progressive estate tax would raise at least $264 billon over ten years. “At a time when we have a record-breaking $13 trillion national debt and a growing gap between the very rich and everyone else, people who inherit multi-million and billion dollar estates must not be allowed to avoid paying their fair share in estate taxes,” said Senator Sanders in a prepared statement. The politics within the Democrats on the estate tax are bizarre. In 2009, thanks to Senate inaction, the federal estate tax expired on January 1, 2010. In March, a Texas oilman became the first billionaire in U.S. history to die without any estate tax in place, costing the treasury billions. The good news is that on January 1, 2011, the estate tax returns at its year 2000 level — with a wealth exemption of $1 million and 55 percent rate. This is what will happen if the Senate takes no action, which seems to be the norm. Now to us common folks, it seems like a tremendous bargain position for Senate Democrats. If nothing happens, we get a strong estate tax law. So how is the Senate Democratic leadership using this huge leverage? You guessed it. They’re like poker players with three aces in their hand and are ready to fold. Instead of using their leverage to press for something like the Responsible Estate Tax Act, they’re allowing Lincoln and Baucus to dominate the stage. Fair tax advocates are mobilizing to build support for the Responsible Estate Tax Act. Wealth for the Common Good , a network of business leaders and wealthy investors, is backing the legislation and has compiled fact sheets and other resources . If Democrats are going to address the political impasse created by “deficit politics,” they have to step up and support progressive revenue proposals like the Responsible Estate Tax Act.

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Anadarko, Mitsui Should Set Aside Funds for BP Spill Claims, Markey Says

June 18, 2010

By Jim Snyder June 18 (Bloomberg) — Anadarko Petroleum Corp. and Mitsui & Co. , partners with BP Plc in the leaking Gulf of Mexico oil well, should set aside money to pay a share of claims tied to the spill, U.S. Representative Edward Markey said today. The companies should be “contributing to any fund that is constructed for any part of the reconstruction,” Markey, a Massachusetts Democrat, said today in an interview for Bloomberg Television’s “Political Capital With Al Hunt” to be broadcast this weekend. “They cannot escape responsibility.” Markey said he would fire BP Chief Executive Officer Tony Hayward , who was slammed by lawmakers during seven hours of testimony before a House panel yesterday. The Obama administration also should waive a law barring foreign-owned ships from working in U.S. waters to aid the cleanup, he said. BP agreed after a meeting June 16 with President Barack Obama to put $20 billion over four years into a fund that will be independently administered by lawyer Kenneth Feinberg . The fund won’t cap BP’s liability for cleanup costs and economic damage, Obama said after the White House meeting, and won’t supersede the rights of individuals or states to sue the company. Anadarko, based in The Woodlands, Texas, owns a 25 percent stake in the Gulf project. Mitsui, Japan’s second-largest trading company, owns 70 percent of Mitsui Oil Exploration Co., which holds a 10 percent stake. ‘Worst Has Happened’ Markey said BP’s partners are investors “for better or for worse” and should be prepared to bear the costs of damages from the well, which is spewing as much as 60,000 barrels a day. “So here, yes, the worst has happened,” Markey said. “They are part of the totality of the solution as well as what they hoped to be a very profitable operation.” John Christiansen , an Anadarko spokesman, said in a statement, “Although we have not been involved in any way with the White House or BP in the process, we are pleased that BP has agreed to establish a $20 billion escrow fund. We believe this action by BP is consistent with their continued message that they will pay all legitimate claims.” “With regard to the issue of the escrow account, drawing an immediate conclusion about the underlying matters at hand would be premature,” a Mitsui Oil Exploration subsidiary said in a statement. BP, majority owner of the project, won’t ask the partners to pay into the escrow account, spokesman Tristan Vanhegan said today in an interview. ‘Would Be Gone’ Anadarko shares have dropped 43 percent since the April 20 explosion that caused the spill, and Mitsui shares have declined 25 percent. BP’s American depositary receipts, each representing six ordinary shares, have tumbled 48 percent since the accident. Markey and members of Energy and Commerce panel blasted BP’s safety record and spill response during Hayward’s testimony yesterday, and accused him of evading their questions. Hayward said at least 23 times that he wasn’t involved in decisions about the well, according to a transcript of his testimony. “They clearly are incompetent,” Markey said today. “They clearly have been lying the whole way.” Asked if the U.S. should continue to do business with the present management, Markey said, “If I had my way they would be gone, but they are the management team right now.” The U.S. should try to “extract what we can” from BP. If the management goes “back into their ostrich-like posture, then that is the time to say they have to go,” he said. Help From Others BP’s Chairman Carl-Henric Svanberg told Sky News today that Hayward was no longer controlling the day-to-day operations of the cleanup. Bob Dudley , managing director of the oil giant, has taken over that role, the news agency said, citing an interview. Markey said the Obama administration should consider waiving the Jones Act, which requires ships operating in U.S. waters to be owned and operated by U.S. companies, as part of an “all-hands-on deck” spill response. “We have to look at all parts of the world to find the help we need to ensure that we minimize the harm that is done to the people who live in the Gulf region,” said Markey, chairman of the House Energy Committee’s energy and environment panel. The Department of State is considering offers of vessels from the European Maritime Safety Agency, the Netherlands, Russia, Sweden and Vietnam offered vessels, according to a report yesterday. Markey said the Gulf disaster has highlighted the need for a new U.S. energy policy. The House in June 2009 passed climate-change legislation that caps carbon dioxide emissions, a measure that has stalled in the Senate. Votes Lacking Senate Democrats hope the spill provides enough momentum to pass a clean-energy bill next month. It is not clear whether the measure will require companies to reduce their greenhouse gas emissions. Democrats including Senator Dianne Feinstein of California have said they lack the 60 votes needed to move climate legislation in the Senate. Markey said energy legislation that caps carbon dioxide and other greenhouse-gas emissions could still pass Congress if the president used his “bully pulpit” to push the bill. “Remember, back in January of this year people said once the Senate seat in Massachusetts was lost to the Republicans, that no health-care bill could pass, two months later, signing ceremony in the Rose Garden,” Markey said. “I think the same thing is going to happen here.” To contact the reporter on this story: Jim Snyder in Washington at jsnyder24@bloomberg.net .

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Obama Turns to Economy in Ohio to Highlight Administration’s Stimulus Jobs

June 18, 2010

By Kate Andersen Brower and Roger Runningen June 18 (Bloomberg) — President Barack Obama pivoted from the Gulf of Mexico oil spill back to the economy today with an emphasis on the jobs created by his administration’s $862 billion economic stimulus package. At a groundbreaking in Columbus, Ohio, for the 10,000th road project funded by the stimulus, Obama said improving the nation’s infrastructure is one of the keys to long-term prosperity. “If we’re going to rebuild America’s economy, then we’ve got to rebuild America, period, from the ports and the airways that ship our goods, to the roads and transit systems that move our workers and connect cities and businesses,” Obama said at the project site near the Nationwide Children’s Hospital . The president is seeking to remind voters of his efforts to revive the economy five months ahead November’s midterm elections. Republicans have criticized the stimulus legislation as a wasteful spending program that hasn’t fulfilled the administration’s promises on job creation. Unemployment in Ohio is 10.7 percent, one percentage point higher than the national average. While the Federal Reserve’s regional business survey showed last week that the economy expanded in all the central bank’s districts in April and May for the first time in more than two years, job growth has lagged. Initial jobless claims increased by 12,000 to 472,000 in the week ended June 12, Labor Department figures showed yesterday. ‘Summer of Recovery’ “The economy is still lousy,” Transportation Secretary Ray LaHood told reporters before today’s trip. “We want to put the message out: This is going to be the summer of recovery.” LaHood, who traveled with the president to Ohio, said the project being highlighted today is expected to create more than 300 new jobs and is one of 462 transportation projects in Ohio funded by $1.1 billion in stimulus money. The work being done under the stimulus will “pay dividends to our communities for generations to come,” Obama said. “While the recovery may start with projects like this it can’t end here.” In a report to the president released yesterday, Vice President Joe Biden said the government has spent $620 billion from the stimulus and created or saved between 2.2 million and 2.8 million jobs. He predicted jobs created or retained by the end of 2010 will number “at least” 3.5 million. Republican Critics “We have created over 17,000 jobs in the last month” in Ohio, Republican state auditor Mary Taylor , a candidate for lieutenant governor, told reporters on a conference call today before Obama arrived. “But it’s an important fact to note that 16,800 of those jobs created were government jobs.” The White House is kicking off a six-week focus on scores of public works projects under way across the nation and into the election season. “This summer a lot more people are going to be working on highways, building clean water projects, weatherizing homes, and — and they’ll be drawing paychecks that they wouldn’t have otherwise drawn,” Biden said at a briefing yesterday that was part of the administration’s focus on the stimulus. The economy will be a top issue in the November elections that will determine which party controls the House and Senate. The Columbus area is represented in the House by freshman Democrat Mary Jo Kilroy . She was elected in 2008, the first Democrat to represent the district since 1982, according to the Almanac of American Politics. The non-partisan Cook Political Report rates her race against Republican former state Senator Steve Stivers as a toss-up. “There’s a feeling of disenchantment, disillusionment, discouragement — a feeling that no politician is going to be able to do much to turn the situation around,” Paul Beck , a political science professor at Ohio State University in Columbus, said of voter sentiment in the state. “Until the private sector really turns around you’re not going to have a big surge of jobs,” said Beck. Still, Beck said, “the stimulus money has been very important to Ohio, it’s prevented wrenching cutbacks in Ohio.” To contact the reporters on this story: Kate Andersen Brower in Columbus, Ohio at kandersen7@bloomberg.net ; Roger Runningen in Washington at rrunningen@bloomberg.net

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Treasury, Geithner to Be Given Expanded Powers in U.S. Financial Overhaul

June 18, 2010

By Ian Katz June 18 (Bloomberg) — The U.S. Treasury Department under Secretary Timothy F. Geithner is coming out of the worst economic crisis since the Great Depression with expanded powers to guard against future threats to financial stability. Geithner, who has managed taxpayer bailouts of companies from Citigroup Inc. to General Motors Co. , would lead a council to monitor large financial firms under legislation House and Senate negotiators aim to complete by July 4. Lawmakers confirmed the council’s basic functions yesterday and may approve final language next week. Geithner would also get a research unit that could demand data from banks and regulators and a new national insurance office. The Treasury-led council’s role includes identifying companies that might be shut down because they pose a risk to the financial system. That authority, even if well-intentioned, could be used for political ends, said Phillip Swagel , a former Treasury economist who’s now a professor at Georgetown University in Washington. “It’s such an open-ended grant of power,” said Swagel, who worked for Republican Treasury Secretary Henry Paulson . “Do we really want to give that to every future administration?” Tom Quaadman , vice president of the U.S. Chamber of Commerce’s Center for Capital Markets Competitiveness, said the legislation will give Treasury “enormous new powers.” The Treasury would also be required to approve any emergency lending by the Federal Reserve. The Fed used its emergency powers during the crisis to rescue American International Group Inc. and Bear Stearns Cos. The Treasury’s new powers are one element of legislation that Geithner has called “the most sweeping financial reform that we’ve considered in generations.” Council Members The council, which also includes the chairmen of the Fed, Securities and Exchange Commission and the FDIC, would have the authority to recommend that the central bank and other agencies toughen rules to reduce risk at financial institutions. Some of its decisions, such as ruling that a non-bank financial company should be subject to Fed supervision, couldn’t be made without the Treasury secretary’s approval. “While it mostly has powers of recommendation, it clearly has the ability to affect regulation and set the agenda,” said Chuck Muckenfuss , a partner at Gibson, Dunn & Crutcher LLP in Washington who specializes in financial regulation and policy. The council would include, as a non-voting member, the director of a new Treasury financial research office. While the office isn’t intended to “snoop on people,” it would have broad power to ask companies for information, Swagel said. Large Banks The office would obtain data and conduct research on systemic risk and require banks with assets of $50 billion or more to give information not otherwise available about its financial condition and internal systems. The success of the research office depends on how its work is used, said Mark Calabria , director of financial regulation studies at the Cato Institute in Washington and a former aide to Republican Senator Richard Shelby of Alabama. “It’s an open question whether the financial research done at Treasury will end up serving the policy goals of the Treasury secretary, or will they actually build a strong, independent function,” Calabria said. Geithner, 48, will be gaining authority after being the target of a public and political backlash over the $700 billion Troubled Asset Relief Program. Lawmakers including Senator Maria Cantwell , a Democrat from Washington state, and Representative Jeb Hensarling , a Texas Republican, said the Treasury favored Wall Street banks over Main Street. Fed Scrutiny As companies including Citigroup and Bank of America Corp. repaid bailout funds last year, the Treasury escaped the ire of lawmakers debating whether to curb central bank’s independence and increase scrutiny of its actions. Lawmakers yesterday agreed to require greater disclosure by the central bank while rejecting a provision to make the New York Fed chief a political appointee. Geithner met with more than a dozen senators in the weeks before the Senate’s May 20 vote and urged them to support the regulatory changes. The Obama administration’s proposal, released in June 2009, included a financial services oversight council to be led by Treasury. “What’s important is to have true accountability for the responsibilities granted to each government agency,” Treasury spokesman Andrew Williams said. The President’s Working Group on Financial Markets, formed in response to the October 1987 stock market crash, is likely to be supplanted by the council, said Eugene A. Ludwig , chief executive officer of Promontory Financial Group and a former comptroller of the currency. The working group, led by the Treasury secretary, includes the chairmen of the Fed, SEC and Commodity Futures Trading Commission. Insurance Office The Treasury’s authority would also be extended to the insurance industry. A proposed National Office of Insurance, whose director would be appointed by the Treasury secretary, will identify regulatory weaknesses that could contribute to an industry crisis and recommend to the council of regulators that an insurer be supervised by the Fed. The legislation falls short of proposing a so-called optional federal charter for insurance companies that allow firms to choose between the current system of state regulation or a federal overseer. Large insurers such as Allstate Corp. have supported an optional federal supervision while smaller firms and states oppose it. “This is the first toe in the water for federal government into insurance,” said Robert Litan , a senior fellow at the Brookings Institution and a former Office of Management and Budget official. “It could prepare the ground for an optional federal charter.” Inspectors Under the legislation, the Treasury’s inspector general, or internal investigator, would lead a council of IGs from government agencies to share information that could improve financial oversight. “The Treasury Department has been one of the primary battalions in our economic army,” Ludwig said. “In times of war the army grows in strength and authority. The question is, how will this army change in times of peace, or what it will evolve into.” To contact the reporter on this story: Ian Katz in Washington at ikatz2@bloomberg.net .

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Texas Congressman’s Apology to BP is Denounced by His Fellow Republicans

June 18, 2010

By Lisa Lerer and Patrick O’Connor June 18 (Bloomberg) — U.S. Representative Joe Barton may be the only person who had a worse day on Capitol Hill yesterday than BP Plc Chief Executive Officer Tony Hayward . The Texas Republican sparked a political backlash from both parties when he apologized to Hayward — at a hearing where other lawmakers lined up to berate BP — and accused the White House of a “shakedown” by pressuring BP to set aside $20 billion for damage claims from the Gulf of Mexico oil spill. Barton retracted his comments hours later after a meeting with House Minority Leader John Boehner of Ohio and Republican Whip Eric Cantor of Virginia. The leaders told Barton to apologize immediately or lose his position as ranking Republican on the Energy and Commerce Committee , said a party leadership aide who spoke on condition of anonymity. The outcry illustrates Republicans’ difficulty in gaining political ground, even during a low period for President Barack Obama , as the party struggles to conquer internal divisions, said Julian Zelizer , a political science professor at Princeton University in New Jersey. “The Republican Party is not totally united on what its message should be,” Zelizer said in an interview yesterday. “It’s the Tea Party-versus-leadership tension that we’ve seen on other issues.” The flap began at a hearing by the House Energy and Commerce Committee on the Gulf of Mexico spill. Lawmakers denounced Hayward for hours, accusing him of stonewalling and failing to provide answers about the causes of the explosion. ‘$20 Billion Shakedown’ Barton, though, began the hearing by apologizing to Hayward. The congressman described the claims fund BP agreed to establish after its top officials met with Obama as “a $20 billion shakedown.” “I’m ashamed of what happened in the White House,” Barton, 60, told Hayward at the hearing, and later said, “I apologize” for it. Less than six hours later, Boehner’s office released a statement by Barton in which he retracted his apology to BP and apologized “for using the term ‘shakedown.’” Boehner’s office also issued a separate statement from the Republican leader, Cantor and Representative Mike Pence , an Indiana Republican, calling Barton’s statements at the hearing “wrong.” Barton’s statement said he regretted “the impact that my statement this morning implied that BP should not pay for the consequences of their decisions and actions in this incident.” Gulf Coast Republicans The comments by Barton, who was first elected to his Dallas-area House seat in 1984, inflamed Gulf Coast Republicans, who are outraged at BP for failing to plug the leaking well. “I don’t think we need to be apologizing to British Petroleum,” said Florida Republican Senator George LeMieux . Representative Jeff Miller , a Florida Republican, said in a statement that Barton’s comments “call into question his judgment and ability to serve” in a leadership position on the Energy and Commerce Committee. Other fiscally conservative Republicans have criticized the BP agreement with the Obama administration. Georgia Republican Representative Tom Price , in a statement yesterday, said Obama’s insistence on creating an escrow fund was an example of his administration “exerting its brand of Chicago-style shakedown politics.” Representative Michele Bachmann , a Minnesota Republican, criticized the idea of an escrow fund as a “redistribution-of- wealth” fund at a Heritage Foundation forum this week. Constitutional Authority Former Representative Dick Armey of Texas, a Republican and a leading funder of the Tea Party movement, said at a meeting this week with reporters that Obama lacked the constitutional authority to set up such a fund. “They’re trying to make an anti-Obama, anti-Democratic point out of this recent announcement, but I think it’s risky to Republicans,” said Zelizer. Employees of the oil and gas industry have been Barton’s largest source of campaign cash since 1989, giving him $1.4 million, according to the Center for Responsive Politics , a Washington-based research group. That’s more than any other House member has gotten from the industry. He has raised $100,470 from oil and gas industry employees for his 2010 re- election campaign. Democrats immediately seized on Barton’s statements, seeing an opportunity to score political points months before the November elections. “When people in the Gulf are suffering from actions taken by BP, Republicans in Congress are apologizing to BP,” House Speaker Nancy Pelosi told reporters, referring to the statements by Barton and Price. ‘Shamelessly Shill’ Jon Vogel, executive director of the Democratic Congressional Campaign Committee , used the comments in an e-mail fundraising appeal, telling supporters that their donations would “send an overwhelming message” that Republicans “shamelessly shill for their Big Oil backers.” Vice President Joe Biden called Barton’s remarks “incredibly insensitive, incredibly out-of-touch.” “There’s no shakedown,” the vice president said at a White House briefing. “It’s insisting on responsible conduct and a responsible response to something they caused.” To contact the reporters responsible for this story: Lisa Lerer at llerer@bloomberg.net ; Patrick O’Connor in Washington at Poconnor14@bloomberg.net

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DISCLOSE Act: Citizens United Response To Be Very Limited, Will More Meaningful Reforms Follow? (Update)

June 15, 2010

Update 6/15/2010: Political hay is being made this week over the decision of Congressional Democrats to bend to the wishes of the National Rifle Association and provide that organization with an exemption on some of the disclosure provisions in the bill. The push for an exemption was led by a North Carolina Democrat in the House, Heath Shuler. For what it’s worth, Shuler’s 3rd largest political donor during his career is the Blue Dog PAC , which does receive funding from the NRA. The claim that campaign funds overtime have compelled Shuler to campaign for the NRA against the DISCLOSE Act is one that is worth exploring, but it ultimately elides the larger issue of external perception and public trust. As Lawrence Lessig stresses , it is the appearance of improper influence that so plagues the U.S. Congress and sullies any trust it could have with the people who elect it. The problem is not outright graft, but institutional corruption whereby the incentives for elected officials are perversely aligned, leading them to spend too much time making promises to special interest dollars and not enough time governing (to say nothing of their susceptibility under the current system to entirely undisclosed threats from heavy corporate hitters). As discussed below, the DISCLOSE Act was already going to fall far short of sparing the 2010 campaign field from the effects of Citizens United , but it could have at least served as a symbolic gesture for transparency and as a first, sturdy stem towards further-reaching reforms down the road. The fact that Democrats must now resort to exemptions in order to pass it — whether or not it indicates undue influence — will defeat any symbolic purpose it may have had, while further eroding the trust of the institution. **** When the United States Supreme Court handed down its Citizens United v. FEC ruling in January, it did more to sound the alarm on special interest money in politics than any campaign finance reformer could have dreamed. The first instinct among legislators in responding is to not make the perfect the enemy of the good. But the question still circulating is: how far will that response go? There is some worry that a quick political gesture could very well supplant meaningful, further-reaching policies to address the role money plays in American elections. The legislative response to Citizens United will be limited, yet it could lay the groundwork for ushering in a novel approach to campaign finance going forward: one that bypasses the Roberts Court’s favoritism for the wealthy few by activating the lower- and middle-income many. Of course, this will all depend on the Democratic leadership’s endurance on the issue. Immediately following the Court’s ruling in January, the White House and Democrats in Congress vowed to soften the blow from the decision through whatever means possible. In his weekly radio address, after criticizing the decision during his State of the Union, Barack Obama promised a ” forceful response ” from his administration. And in a conference call to reporters , Senator Charles Schumer dismally warned that, “if we don’t act quickly, this decision will have an immediate and devastating impact on the 2010 elections.” Now, just three months later, Schumer and Congressman Chris Van Hollen intend to follow through on the promises with the formal introduction of a Citizens United fix bill in the coming days. Back in February, the two high-ranking Democrats (Schumer is a former DSCC Chairman and the third ranking Democrat in the Senate; and Van Hollen is the current DCCC Chairman) put forward a preliminary itemized plan to address the effects of Citizens United that would withstand judicial reversal by operating within the legal framework established by the Court in its decision. According to Van Hollen spokeswoman Bridgett Frey, the bill was released early on so as to allow ample time “to incorporate feedback and craft strong legislation that responds to the court’s decision.” The February proposal, which Van Hollen described as a ” right-to-know bill ” — had six major provisions, which included: banning election expenditures from foreign interests and pay-to-play entities, namely government contractors and TARP recipients; enhancing disclaimers to identify the sponsors of ads; enhancing transparency and the public disclosure of political spending; setting clear and affordable rates for political advertising for candidates, especially TV airtime; and prohibiting corporations from coordinating electioneering activities with a candidate or party. The final bill is said to be pretty close to that original framework, minus a provision that would require that corporations increase disclosure of political spending to their shareholders (this is to be included in a separate Financial Services bill instead). Congressional spokespeople tell me that the salient concern is having it withstand further Supreme Court challenges. And while it has yet to garner support from across the aisle, polling suggests that it could be a prime candidate for the long lost art of bipartisanship. The question of whether each element of the bill is susceptible to judicial reversal is a prudent one — and the answer is very much up in the air for some provisions. According to Richard Briffault , Columbia Law School’s Joseph P. Chamberlain Professor of Legislation and a noted authority on the Court’s history of campaign finance rulings, “the bill seems to go to the limit of what Citizens United left open — foreign corps, pay-to-play, disclaimers and disclosure, coordinated expenditures — without crossing the line…[But] the extension of pay-to-play to independent expenditures probably pushes hardest.” Briffault has concerns that certain elements could be difficult to hash out in practice, such as determining whether a firm qualifies as “foreign” enough (the bill sets this at 20% foreign owned, but the controlling interest in a public company isn’t always static), or whether it is legal to impose a new TARP restriction on bailout recipients after they’ve already accepted funds under the original conditions. Moreover, extending the pay-to-play ban on contractors and TARP recipients to independent expenditures could prove problematic, since it is precisely this distinction that Citizens United did away with in the first place. Beyond these possible trip-ups, Briffault sees the Schumer-Van Hollen proposal as instituting only very mild extensions of already existing laws. Other Court followers are even less confident in the proposed bill’s judicial resiliency. For his part, Harvard Law professor Lawrence Lessig , a leading progressive voice in campaign finance matters, sees almost every provision in the proposed legislation as either ineffective window dressing, or as a prime target for the Court to strike down. He tells me, “I think one could not be too strong about this: It is absurd to suggest this is a ‘fix’ to Citizens United. The bans are plain targets for new lawsuits… All and all — [this bill is] a complete zero. And a strong signal of the failure of the Democrats to deliver on the reform promise of this administration.” Lessig is a staunch proponent of the Durbin-Larson Fair Elections Now Act , and for amending the Constitution to give Congress sole power over campaign finance laws. The Fair Elections Act is essentially the “public option” for electoral fundraising. It was introduced in March 2009 by Democratic Party Whip Richard Durbin and then-Republican Senator Arlen Specter and would provide voluntary public campaign financing to candidates who reach a certain dollar amount through small contributions of $100 or less. Once one opts in, he or she receives funding both for the primary and general elections, as well as a few other perks, such as broadcast advertising subsidies. In an essay shortly following the Citizens United ruling, Lessig praised the Fair Elections proposal as a means for providing “an immediate balance to the deluge of corporate funding that this next election will now see. More importantly, it will give candidates a way to fight that deluge without themselves becoming even more dependent upon private, special interest funding. No other reform — including reforms that try effectively to reverse Citizens United — could be as important just now. No other reform should distract us from pushing strongly to get Congress to pass this statute now.” Those crafting the Schumer-Van Hollen bill will tell you that the Fair Elections Act has no chance of making it to the president’s desk at this juncture. Nevertheless, Congressman John Larson , its House-side sponsor and Chairman of the House Democratic caucus, may propose it as an amendment. With 141 co-sponsors in the House, it’s hardly a pipe dream. The problem is in the Senate, where it has but 10 co-sponsors (a list that is noteably lacking Schumer’s name ). It’s not politically unreasonable that the Democratic leadership is proceeding cautiously and in narrow terms. No system is overhauled in a single stroke, and they’re legislating within the parameters of what is admittedly a difficult political environment. The result is that the Schumer-Van Hollen bill will likely be exceedingly limited in its effect on political spending; and most with whom I spoke regard it more as an obligatory political gesture than anything else. Aside from the necessary need to do something , the Democrats’ bill cannot be expected to make a “radical difference in the mix of resources and politics,” Michael Malbin tells me. Malbin, the Executive Director of the nonpartisan Campaign Finance Institute in Washington, DC, sees the Schumer-Van Hollen bill as good in spirit and worth pushing through to the president’s desk, but, ultimately, as a political necessity with only a few very mild, superficial policy benefits. At best, the new regulations may theoretically lend slightly more transparency to the paper trail of campaign monies through more disclosure and the Stand By Your Ad provision for CEOs. But even this is seen as wishful thinking by some. In response to stricter disclosure rules, Lessig points to Marcos Chaman and Ethan Kaplan’s Iceberg Theory of Campaign Contributions [ pdf ], which demonstrates that special interests don’t actually need to run election ads when the mere threat of doing so will suffice. As Lessig notes, “those threats are not disclosed.” This is also an area where Briffault agrees, telling me, “I suppose that some people think that the disclosure and disclaimer requirements … will reduce corporate spending. I doubt that it will. I think the law does as much as the Supreme Court will allow, but for those who think that corporate spending is the problem, this bill won’t and can’t stop that.” Most other provisions in the bill are said to fall similarly short. According to Lessig, the campaign-corporation coordination ban looks good on paper, but is more or less meaningless in the Internet age. The same can be said for the ban on foreign influence. As Loyola Law School professor and author of the Election Law Blog Rick Hasen tells me, there is a trade off between having the bill withstand judicial challenge, on the one hand, and having it provide truly effective regulation on the other. According to Hasen, “if ‘foreign’ corporation is defined broadly, it will be unconstitutional; if defined narrowly, it won’t do much.” For many observers, the worst case scenario is that our political leaders will convince themselves that they have adequately addressed what the Court’s ruling in FEC v. Massachusetts Citizens for Life, Inc. (1986) described as the “corrosive and distorting effects of immense aggregations of wealth that are accumulated with the help of the corporate form and that have little or no correlation to the public’s support for the corporation’s political ideas.” The current political stalemate is quite familiar in the history of the campaign finance debate. The Roberts Court has made it abundantly clear that free speech trumps all else in its rulings. As Briffault wrote in a 2008 Brookings Institution essay , describing the Court’s 2007 ruling in Wisconsin Right to Life v. FEC : ” WRTL also abandoned [the] view that in campaign finance cases the Court should reconcile and balance free speech values with other concerns like political integrity, the promotion of democracy, and respect for Congress’s efforts to balance these goals. Instead, Roberts’s opinion framed the case entirely from a First Amendment perspective. It was not about the rules governing the corporate role in financing elections but simply ‘about political speech.’” **** The foremost misconception — or at least exaggeration — plaguing the Citizens United ruling is that, in the words of President Barack Obama , it “reversed a century of law that I believe will open the floodgates for special interests … to spend without limit in our elections.” This gives the decision too much credit. In reality, the floodgates were already open. During the 2008 Minnesota Senate race between Democratic contender Al Franken and Republican incumbent Norm Coleman , the corporate-funded U.S. Chamber of Commerce ran a television advertisement depicting Franken with duct tape over his mouth. A narrator’s voice came in to say: “High taxes hurt. But it seems like every time Al Franken opens his mouth he talks about raising taxes. This from a guy who was caught not paying his own taxes in 17 states … Maybe he shouldn’t open his mouth … Tell Al Franken that high taxes aren’t very funny.” This ad ran before Citizens United , and it was on the up-and-up in accordance with the Robert Court’s 2007 WRTL decision because it qualified as ” issue advocacy ,” rather than ” express advocacy ” for a specific candidate. Or in other words, the ad was permitted because it did not directly call for a vote for or against Franken. As Lessig has noted, this is the status quo that reversing Citizens United would return us to. Non-party election communications like the Chamber’s Al Franken ad were generally exempt from regulation for decades, from 2002 back to 1976, when the court created the distinction between “issue” and “express” advocacy in its Buckley v. Valeo decision. During that era, whether or not electioneering communications qualified as “express advocacy” — which was subject to regulation — depended on whether they contained the “magic words,” such as vote for/against or elect/reject . In 2002, the McCain-Feingold Bipartisan Campaign Reform Act sought to rein in the special interest spending binge of the 1980s and 1990s with a ban on soft money to the parties, and a ban on corporate electioneering communications within 60 days of a general election (both of which are provisions that the Court actually upheld in its 2003 McConnell v. FEC ruling). However, following John Roberts’ appointment in 2005 , and, more importantly, Samuel Alito’s in 2006 , the Court transitioned back to narrowing the grounds for regulation and opening the door for independent political spending. In its 2006 Randall v. Sorrell decision the Court struck down Vermont’s attempt to regulate campaign contribution limits. And in WRTL v. FEC the Court did away with McCain-Feingold’s corporate and union electioneering communication provision — thus re-allowing corporations and unions to run “issue advocacy” ads, as long as their only reasonable interpretation wasn’t as an “appeal to vote for or against a candidate.” When people like the president say that Citizens United opened the “floodgates,” what they mean is that corporations (and unions) no longer have to worry about the “issue advocacy” vs. “express advocacy” distinction. The Chamber of Commerce can now run an ad that says, “Vote for Candidate A,” instead of “Tell Candidate A that high taxes aren’t very funny.” Whether or not there actually will be a flood of corporate expenditures in the upcoming November election is yet to be seen. For his part, Malbin doesn’t think this will be the case, telling me, “I don’t think most for-profit corporations are likely to increase their public affairs budget because of Citizens United . They will probably just move money around within that already existing budget.” This suggests that some corporations may indeed indulge in the lesser restrictions, but that they won’t break the bank doing so. With the dual standoff between a deregulatory Court on the one hand (Justice Stevens’ retirement will not alter the liberal-conservative composition of the Court), and a demonstrably obstructionist and anti-regulation Congressional opposition on the other, any promising path forward for the Democratic leadership would seem elusive. Nevertheless, there is a novel approach among serious thinkers across the ideological and political spectrum that is increasingly gaining traction among Members of Congress and the administration. Rather than battling the inexorable stream of political money from the wealthy few, the answer, according to some, may lie in addressing the other side of the equation: the middle- and lower-income “many.” Malbin is one of the experts pushing for this new approach to campaign finance. He looks at the history of Supreme Court rulings on the matter, the failure of restrictive legislative measures to truly stymie the flow of special interest money into elections and politics (there are always ways around restrictive laws, he points out), and the burden on non-wealthy or knowledgeable participants to navigate the sea of complex regulations and concludes that past campaign finance reform efforts have approached the situation from the wrong side. Along with Anthony Corrado of Colby College, Thomas Mann of the Brookings Institution , and Norman Ornstein of the American Enterprise Institute-Brookings Election Reform Project , Malbin is the co-author of a paradigm-shifting report published this year — ” Reform in an Age of Networked Campaigns ” — that advocates “activating the many” instead of “focusing on attempts to further restrict the wealthy few.” The authors put faith in the notion that “if enough people come into the system at the low end there may be less reason to worry about the top.” A central proposal of the report’s reform recommendations is a public financing option very similar to the Durbin-Larson Fair Elections Act. But there are also other policy measures for incentivizing small-scale donor participation that could garner wider support in the aftermath of Schumer-Van Hollen. One is to make broadband access affordable to all. Having demonstrated the profound effect of the Internet and social networking on electioneering during the 2008 presidential campaign, this is something the Obama administration is already working on this with its National Broadband Plan . Alongside broadband access is a policy goal nebulously known as ” network neutrality ,” which advocates the regulation of Internet providers whose service would possibly discriminate against certain political or issue speech that threatens the company’s interests. These efforts suffered a blow recently with a D.C. Circuit Appeals Court ruling that will now limit the FCC’s authority to regulate Web traffic . However, if policy changes are made to reclassify Internet access as a “telecommunications service” instead of an “information service” then the FCC could regain some of its lost authority. Malbin and his colleagues also call for a central government website to host, “all electorally relevant material about political spending that is required to be disclosed under current law,” and for States and the federal government to provide free software to facilitate electronic disclosure filings that would be made immediately available to the public. Despite hefty corporate and special interest resistance, ideas like these are trudging steadily forward in campaign finance policy discussions. The Schumer-Val Hollen bill does seek to enhance corporate disclosure, but the efficacy of these measures would increase dramatically if this information were to be made more readily accessible to the general public through a central online clearinghouse. But even if stricter disclosure regulations are accepted to be an effective deterrent, they still don’t do anything “to radically change things one way or the other,” Malbin says. According to Malbin, the only ultimately effective counterbalance to corporate and special interest spending in elections is an expansion of the playing field to include “the many.” For example, Malbin tells me that in most states it would only take 4 or 5 percent of the electorate giving $50 each to introduce meaningful balance to elections for Governor and the State legislature. He has the numbers to prove it. Policy measures as simple as rebates or tax refunds for low-income donors, individual contributions limits to give small-scale donors more weight against the wealthiest, and publicly funded contribution matching that applies only to small donations have all demonstrated promise for successful implementation. A new interactive tool on the Campaign Finance Institute website puts some to the test. Using data from the 2006 election cycle, with the state of New York as an example, if the government matches small donations ($100 or less) at a rate of 3-to-1, it more than doubles the distribution of contributions from this donor group from 4 percent to 10 percent. When public contribution matching only for small donations increases to 5-to-1 the percentage of $100 or less funders more than triples, from 4 percent to 14 percent. And when a 5-to-1 public matching only for small donations is complemented by a $2,000 individual contribution limit, the percentage of $100 or less funders more than quadruples, from 4 percent to 17 percent. Malbin tells me that these ideas to activate and engage “the many” are beginning to take hold alongside the traditional instinct to just construct more temporary walls. Most campaign finance proposals in the past year and a half — including the Durbin-Larson Fair Elections Act — are looking more towards implementing this approach. However, the Schumer-Van Hollen response to Citizens United does not. It’s far more politically tailored to the immediate outrage since January and intentionally forgoes pushing larger, more reformative measures. For his part, Malbin sees this as an understandable approach, telling me, “I don’t think anybody would look at the Senate right now and think they could get 60 votes to pass [something like] the Fair Elections Act this year.” Nevertheless, he sees Schumer-Van Hollen — and the likely floor vote on Larson’s Fair Elections amendment especially — as at least a symbolic political gesture. If the Democratic leadership continues forward with corollary efforts — such as for affordable broadband access, network neutrality, and a streamlined electronic disclosure process; and if Members in Congress continue to hone policy proposals and political rhetoric towards incentivizing small donors instead of continuing the endless corporate/special interest regulatory chase, then the future could be brighter than what many cynics would have one believe. The Internet — and social networking especially — has broken down traditional barriers to accessing information and propounding ideas more thoroughly than any other factor in modern history. The new media elements operative in Barack Obama’s 2008 presidential victory will only matter increasingly more going forward, regardless of whether the Supreme Court continues to open more doors for corporate electioneering. And even in today’s intractable political climate, measures that supplant what is seen as plutocracy with democracy can be sold to both sides of the aisle (as the presence of moderate figures like Specter and retiring centrist Senator Evan Bayh on the Fair Elections sponsor list suggests). The slowly growing consensus among those who are actually in a position to return balance to American elections bodes well for the voice of the “many,” at least in the long run. But they will likely need political diligence and constant reminders to see it through.

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Congress in a `Vise’ Over U.S. Voters’ Demands to Create Jobs, Cut Deficit

June 15, 2010

By Brian Faler June 15 (Bloomberg) — Voters are forcing Democrats into an election-year equation they may be unable to solve: How to spend more money to create jobs and at the same time reduce the deficit . Democrats have abandoned billions of dollars in proposed jobs initiatives to avoid adding to the deficit, risking that a pending bill may now seem ineffective to the 15 million unemployed. To further cut costs, they added more than $50 billion in taxes on buyout managers, oil companies and other businesses, seized upon by Republicans as job killers. Yet there are few signs Democrats’ contortions to avoid adding to the deficit are winning over voters, especially when the savings are compared with this year’s $1.5 trillion shortfall. “We’re in a vise,” said Representative Gerald Connolly , a Virginia Democrat who is president of his party’s freshman class in the House. “It’s a real dilemma.” Private payrolls rose last month by just 41,000, the government reported, a fraction of what economists predicted and one-fifth the prior month’s total. About five people are vying for each job opening, more than twice as many as when the recession began in December 2007, according to the Labor Department. With a 9.7 percent national unemployment rate in May, lawmakers likely will face voters in November with the worst Election Day jobless rate since it topped 10 percent in 1982. Half of the 14 most competitive Senate races are in states with unemployment rates of at least 10 percent, including Nevada, where Senate Majority Leader Harry Reid is fighting for re- election amid 13 percent joblessness in April. Payroll Tax Break Democrats, who call job creation their top priority, enacted an $18 billion plan in March offering companies a payroll tax break to hire people out of work at least 60 days. Lawmakers acknowledged the effort was modest while promising to follow up with more jobs bills. President Barack Obama urged Congress June 12 to spend almost $50 billion to avoid layoffs of teachers, firefighters and police and help states pay for health care for the poor. “We must take these emergency measures,” he said. Lawmakers have been stymied by polls showing voters increasingly hostile to the costly initiatives that would do more to bring down unemployment. “There is no reasoning with the public right now,” said Thomas Mann , a congressional scholar at the Washington-based Brookings Institution. “The public would flunk Economics 101.” Well-Being Connolly said the contradictory views show voters’ anxiety over their financial well-being. “They are less well-off in terms of wealth and financial security today than they were when the recession began in ‘07, so therein lies continued anxiety and uncertainty and consumer hesitation and anger,” he said. “I don’t think that’s irrational.” The demands whipsawed House Democratic leaders, who last month cut $80 billion from an almost $200 billion jobs plan following complaints from some party members that it would add too much to the deficit. The bill passed 215-204 and now is before the Senate. Representative James McGovern , a Massachusetts Democrat, accused colleagues of killing important initiatives in the name of “symbolic” savings. Those seeking a real effect on the budget should focus on issues such as Social Security , he said. ‘Good Luck’ “Good luck in going home and saying, ‘no, no, no, look we need to focus on the long term, not the short term — don’t worry about that,’” responded Connolly. “We’re in a political situation right now that doesn’t allow for that.” The jobs plan before the Senate has been assailed for costing too much and doing too little. To cut costs, the House refused to extend a 65 percent subsidy to help the unemployed buy health insurance. Many will lose coverage without the subsidy, say unions such as the AFL-CIO. “It would be devastating,” said Senator Bob Casey , a Pennsylvania Democrat. A family insurance policy costs on average $1,137 per month, according to the Kaiser Family Foundation, more than three-quarters of the average $1,340 in aid to unemployed people. Economist Mark Zandi said lawmakers should send states between $30 billion and $40 billion. A Senate plan to provide them $24 billion for Medicaid health care for the poor is the minimum needed to “make absolutely sure that the economic coast is clear,” he said. Odds ‘Too High’ Without the money, which the House cut from its bill, states will probably have to fire another 300,000 employees and the economy may tip back into recession, Zandi said. “The odds are just too high, I think, to take that chance,” he said. Lawmakers such as Nebraska Democrat Ben Nelson are threatening to oppose the plan because of the cost. “We can’t just keep borrowing money,” he said. Nelson’s support is critical to getting any bill through the Senate, which Democrats control with 59 votes. There is still the question of how much more the House will accept. Pat Griffin , the Clinton administration’s chief liaison to Congress, said the debate leaves Democrats “neither fish nor fowl” on jobs and the deficit. “They’re self-imposing these constraints and I don’t think anybody thinks they’re getting any benefit,” he said. “I want to know who the winners are.” To contact the reporter on this story: Brian Faler in Washington at bfaler@bloomberg.net

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Congress in a `Vise’ Over U.S. Voters’ Demands to Create Jobs, Cut Deficit

June 15, 2010

By Brian Faler June 15 (Bloomberg) — Voters are forcing Democrats into an election-year equation they may be unable to solve: How to spend more money to create jobs and at the same time reduce the deficit . Democrats have abandoned billions of dollars in proposed jobs initiatives to avoid adding to the deficit, risking that a pending bill may now seem ineffective to the 15 million unemployed. To further cut costs, they added more than $50 billion in taxes on buyout managers, oil companies and other businesses, seized upon by Republicans as job killers. Yet there are few signs Democrats’ contortions to avoid adding to the deficit are winning over voters, especially when the savings are compared with this year’s $1.5 trillion shortfall. “We’re in a vise,” said Representative Gerald Connolly , a Virginia Democrat who is president of his party’s freshman class in the House. “It’s a real dilemma.” Private payrolls rose last month by just 41,000, the government reported, a fraction of what economists predicted and one-fifth the prior month’s total. About five people are vying for each job opening, more than twice as many as when the recession began in December 2007, according to the Labor Department. With a 9.7 percent national unemployment rate in May, lawmakers likely will face voters in November with the worst Election Day jobless rate since it topped 10 percent in 1982. Half of the 14 most competitive Senate races are in states with unemployment rates of at least 10 percent, including Nevada, where Senate Majority Leader Harry Reid is fighting for re- election amid 13 percent joblessness in April. Payroll Tax Break Democrats, who call job creation their top priority, enacted an $18 billion plan in March offering companies a payroll tax break to hire people out of work at least 60 days. Lawmakers acknowledged the effort was modest while promising to follow up with more jobs bills. President Barack Obama urged Congress June 12 to spend almost $50 billion to avoid layoffs of teachers, firefighters and police and help states pay for health care for the poor. “We must take these emergency measures,” he said. Lawmakers have been stymied by polls showing voters increasingly hostile to the costly initiatives that would do more to bring down unemployment. “There is no reasoning with the public right now,” said Thomas Mann , a congressional scholar at the Washington-based Brookings Institution. “The public would flunk Economics 101.” Well-Being Connolly said the contradictory views show voters’ anxiety over their financial well-being. “They are less well-off in terms of wealth and financial security today than they were when the recession began in ‘07, so therein lies continued anxiety and uncertainty and consumer hesitation and anger,” he said. “I don’t think that’s irrational.” The demands whipsawed House Democratic leaders, who last month cut $80 billion from an almost $200 billion jobs plan following complaints from some party members that it would add too much to the deficit. The bill passed 215-204 and now is before the Senate. Representative James McGovern , a Massachusetts Democrat, accused colleagues of killing important initiatives in the name of “symbolic” savings. Those seeking a real effect on the budget should focus on issues such as Social Security , he said. ‘Good Luck’ “Good luck in going home and saying, ‘no, no, no, look we need to focus on the long term, not the short term — don’t worry about that,’” responded Connolly. “We’re in a political situation right now that doesn’t allow for that.” The jobs plan before the Senate has been assailed for costing too much and doing too little. To cut costs, the House refused to extend a 65 percent subsidy to help the unemployed buy health insurance. Many will lose coverage without the subsidy, say unions such as the AFL-CIO. “It would be devastating,” said Senator Bob Casey , a Pennsylvania Democrat. A family insurance policy costs on average $1,137 per month, according to the Kaiser Family Foundation, more than three-quarters of the average $1,340 in aid to unemployed people. Economist Mark Zandi said lawmakers should send states between $30 billion and $40 billion. A Senate plan to provide them $24 billion for Medicaid health care for the poor is the minimum needed to “make absolutely sure that the economic coast is clear,” he said. Odds ‘Too High’ Without the money, which the House cut from its bill, states will probably have to fire another 300,000 employees and the economy may tip back into recession, Zandi said. “The odds are just too high, I think, to take that chance,” he said. Lawmakers such as Nebraska Democrat Ben Nelson are threatening to oppose the plan because of the cost. “We can’t just keep borrowing money,” he said. Nelson’s support is critical to getting any bill through the Senate, which Democrats control with 59 votes. There is still the question of how much more the House will accept. Pat Griffin , the Clinton administration’s chief liaison to Congress, said the debate leaves Democrats “neither fish nor fowl” on jobs and the deficit. “They’re self-imposing these constraints and I don’t think anybody thinks they’re getting any benefit,” he said. “I want to know who the winners are.” To contact the reporter on this story: Brian Faler in Washington at bfaler@bloomberg.net

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Obama Pledges to Revive Gulf of Mexico’s Environment, Economy After Spill

June 15, 2010

By Hans Nichols and Kate Andersen Brower June 15 (Bloomberg) — President Barack Obama promised residents and businesses along the Gulf of Mexico he’ll make sure BP Plc pays for the losses from the biggest oil spill in U.S. history and that the region will be restored. The president, making his fourth visit to the Gulf of Mexico coast since the April 20 explosion aboard the Deepwater Horizon drilling rig triggered the spill, said the government and BP are in “preliminary” talks about setting up a mechanism to pay claims of damage from the spill “justly, fairly, promptly.” “It’s going to take time for things to return to normal,” Obama said after getting a briefing from federal and local officials and touring a staging facility in Theodore, Alabama. “But I promise you this: things are going to return to normal.” The spill has closed as much as 37 percent of the Gulf of Mexico to fishing, cut offshore drilling in the nation by half and polluted 140 miles (225 kilometers) of shoreline from Louisiana to Florida. Obama said administration officials have had a “constructive conversation” with representatives from BP about setting up a system to deal with damage claims. He said he hopes that by the time he meets with BP Chairman Carl-Henric Svanberg and other company officials in Washington tomorrow “we can start actually seeing a structure that would be in place.” Damage Claims While the administration hasn’t set a specific amount, U.S. Senate Democrats, in a letter today to BP Chief Executive Officer Tony Hayward , called on the company create a $20 billion fund to pay for cleanup and economic damages. Commercial fishing along the Gulf coast from Texas to Florida contributes $1 billion to the gross domestic product and tourism and recreation another $13 billion, according to the National Ocean Economics Program . Obama also said the government will undertake a multi- agency effort to ensure the safety of seafood taken from the Gulf. “Seafood from the Gulf today is safe to eat,” Obama said. “But we need to make sure it stays that way.” Obama also is preparing to fill the vacancy left when Elizabeth Birnbaum , director of the Minerals Management Service, became the first administration official to step down in connection with the oil spill. Obama may announce his choice to oversee federal management of offshore oil and gas drilling in tomorrow, an administration official said on condition of anonymity. Two-Day Visit Obama is spending two days in the region, spending the night in Florida. He plans a televised address on the subject at 8 p.m. Washington time today. The spill is posing a political threat to Obama as he comes under criticism from Republicans and some Democrats over the administration’s reaction. The president is seeking to avoid comparisons to the bungled response to Hurricane Katrina in 2005 under former President George W. Bush . He said today that some of the damage from that disaster was still visible in the area. “But in some ways what we’re dealing with here is unique because it’s not simply one catastrophic event,” Obama said. “It’s an ongoing assault whose movements are constantly changing.” Political Impact Republicans will use the oil spill in the November midterm congressional election and likely the 2012 presidential race “just like the Democrats used Katrina and Bush,” said Stuart Rothenberg , publisher of the nonpartisan Rothenberg Political Report. “They’re going to say that he didn’t show great strength of leadership and that he was too passive and too slow to react.” Still, Rothenberg said it’s too soon to tell whether it could affect Obama’s chances if he seeks re-election. Kevin Madden , who was spokesman for Republican Mitt Romney ’s 2008 presidential campaign, said the president has “fumbled away” the opportunity to show he’s in charge in the past. He may try to regain the initiative in tonight’s speech. “I expect the president will pivot slightly from trying to project control to instead trying to project blame and use this crisis as a vehicle to win favor for more energy regulation,” Madden said. Even Democrats have been among Obama’s critics. At a June 10 Senate Homeland Security and Governmental Affairs Committee hearing Senator Bill Nelson , a Florida Democrat, said “nobody’s in charge” of the spill clean-up. “How many more examples of this do we have to see until the command-and-control structure is changed,” Nelson said. Nelson told reporters yesterday in Florida that the administration is responding. “The White House has been listening to their critics, including this senator, and I think they are making changes,” Nelson said. To contact the reporters on this story: Hans Nichols in Gulfport, Mississippi at hnichols2@bloomberg.net ; Kate Andersen Brower in Washington at Kandersen7@bloomberg.net

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New York Avoids Government Shutdown as Lawmakers Pass Weekly Stopgap Bills

June 14, 2010

By Michael Quint June 14 (Bloomberg) — The New York Senate passed emergency spending bills for the 11th consecutive week, avoiding a state government shutdown as lawmakers debate how to close an $8.5 billion budget deficit for the year that began April 1. Agency heads and their 150,000 workers had been making contingency plans if the measures failed and left the state without authority to pay all its bills. Employees were warned that buildings might close and some of them wouldn’t be working tomorrow if the appropriation bills didn’t pass by midnight, according to agency memos. State Senator Pedro Espada , the Bronx Democrat whose threats to oppose the bills ignited warnings of “chaos in the streets” from Governor David Paterson , said June 10 that the government of the third most-populous U.S. state would stay open and he would support the measure today. Paterson won $775 million in annualized reductions, mostly from the Medicaid program, and savings in last week’s bill. That narrowed a projected $9.2 billion deficit in Paterson’s $135.2 billion fiscal 2011 budget proposal, presented in February, to about $8.5 billion. On June 11, Paterson recommended an annual spending plan for human services, such as welfare; and mental health services, such as residences for the disabled, that reduced outlays by $327 million, said Robert Megna , the state budget director. The bills submitted today cut spending by the same amount, said Morgan Hook , a spokesman for Paterson. Welfare Payments The measures approved would extend a 10 percent increase in welfare payments to the poor that took effect June 1. In January, Paterson proposed delaying half the boost. Revenue from bonds and other sources, such as allowing wine sales in grocery stores or higher cigarette taxes, are needed to avoid “pain and the destruction of human services in this state that would be unprecedented,” Espada said. The shutdown threat eased further today when Republican Senator Tom Libous , the chamber’s second-ranking Republican, said lawmakers would pass the bill. Democrats hold a 32 to 30 majority in the Senate, the minimum number needed to pass bills if all Republicans vote no as they have the past three weeks. To contact the reporter on this story: Michael Quint in Albany, New York, at mquint@bloomberg.net .

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Obama Vows to Restore Gulf States’ Environment, Economy After BP Oil Spill

June 14, 2010

By Hans Nichols and Kate Andersen Brower June 14 (Bloomberg) — President Barack Obama told residents and businesses affected by the oil spill from a damaged BP Plc well in the Gulf of Mexico that government will ensure the coast and their livelihoods will be restored. The president, making his fourth visit to the Gulf of Mexico coast since the April 20 explosion aboard the Deepwater Horizon drilling rig triggered the spill, said the government and BP are in “preliminary” talks about setting up a mechanism to pay claims of damage from the spill. “It’s going to take time for things to return to normal,” Obama said after getting a briefing from federal and local officials and touring a staging facility in Theodore, Alabama. “But I promise you this: things are going to return to normal.” The spill, the worst in U.S. history, has closed as much as 37 percent of the Gulf of Mexico to fishing, cut the number of offshore drilling rigs in the nation by half and polluted 140 miles of shoreline from Louisiana to Florida. It also may be a political threat to Obama as he comes under criticism from Republicans and some Democrats over the administration’s response. Obama is spending two days in the region, staying overnight in Florida. He plans a televised address on the subject at 8 p.m. Washington time tomorrow and the next day he will meet with BP Chairman Carl-Henric Svanberg and other company officials in Washington. Today he defended the government’s action in dealing with the spill. Recovery Effort “We are confronting the largest environmental disaster in our history with the largest environmental response and recovery effort in our history,” he said. Obama said he expects the meeting with BP officials will bring progress on an agreement to have the company establish a multibillion dollar fund to compensate for economic damage caused by the spill. The goal is to make sure that claims are “dealt with justly, fairly, promptly,” he said. “My hope is that by the time the chairman and I meet on Wednesday that we’ve made sufficient progress that we can start actually seeing a structure that would be in place,” he said. While the administration hasn’t set a specific amount, U.S. Senate Democrats, in a letter today to BP Chief Executive Officer Tony Hayward , called on the company create a $20 billion fund to pay for cleanup and economic damages. Demonstration Creating such an account would be “a useful first step for demonstrating that BP intends to meet its commitments,” the letter said. They requested a response by June 18. Hayward is scheduled to appear at a June 17 hearing of the House Energy and Commerce Committee. While reviewing efforts to deal with the spill’s damage, Obama also is preparing to fill the vacancy left when Elizabeth Birnbaum , director of the Minerals Management Service, became the first administration official to step down in connection with the oil spill. Obama may announced his choice to oversee federal management of offshore oil and gas drilling in his speech tomorrow, an administration official said on condition on anonymity. The president has criticized the agency, part of the Interior Department, for having a “cozy” relationship with the industry it regulates and being “plagued by corruption for years.” Obama today also said the government will undertake a multi-agency effort to ensure the safety of seafood taken from the Gulf. Seafood Industry “Seafood from the Gulf today is safe to eat,” Obama said. “But we need to make sure it stays that way.” Commercial fishing along the Gulf coast from Texas to Florida contributes $1 billion to the gross domestic product, tourism and recreation another $13 billion, and oil and gas $11 billion, according to the National Ocean Economics Program. The effects of the spill may be felt for years, he said. “We’re dealing with here is unique because it’s not simply one catastrophic event, it’s an ongoing assault,” Obama said. BP has submitted a new plan to the government that would contain more of the spill faster, Bill Burton , deputy White House press secretary, told reporters traveling with the president. Under the plan, more than 50,000 barrels of oil could be contained per day by the end of June, two weeks earlier than originally proposed, Burton said. Obama is making his fourth visit to the Gulf since the disaster began on April 20 and it is his first to see the impact on Mississippi, Alabama and Florida. Democratic Senator Bill Nelson of Florida told reporters in Pensacola today Obama needs to set up a “military-type chain of command structure” for the spill response. “The White House has been listening to their critics, including this senator, and I think they are making changes,” Nelson said. To contact the reporters on this story: Hans Nichols in Gulfport, Mississippi at hnichols2@bloomberg.net ; Kate Andersen Brower n Washington at Kandersen7@bloomberg.net

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Swaps Desk Compromise for Two-Year Phase-In Considered by Senator Lincoln

June 14, 2010

By Phil Mattingly June 14 (Bloomberg) — Senator Blanche Lincoln is considering compromise language to her derivatives proposal that would phase in over two years a requirement that commercial banks push out their swaps trading desks to subsidiaries. The proposal also would allow the Federal Reserve to provide system-wide emergency assistance to swaps dealers, according to a draft of the compromise obtained by Bloomberg News and confirmed by Lincoln’s office today. The changes are aimed at clarifying questions about the original language and do not pull back from the purpose of the measure, which is to separate commercial banking from derivatives trading, Courtney Rowe, Lincoln’s spokeswoman, said today in an e-mailed statement. The plan “is a strong provision that will protect depositors and get banks back to the business of banking,” Rowe said. “These clarifications will clear up any questions that exist about the intent of the provision without compromising the legislation.” Under the proposed new language, during the phase-in federal banking agencies would have two years to determine the impact of the measure on mortgage lending, small business lending, jobs and capital formation. The proposal does not provide for any action after the study. The revised language being considered by Lincoln would clarify that banks with access to Federal Deposit Insurance Corp. deposit guarantees and the Federal Reserve’s discount lending window would be allowed to hold a separately capitalized swap dealer in an affiliate of the bank holding company . Reconciling the Bills The derivatives language is one part of the larger financial regulatory overhaul being completed this month by House and Senate negotiators, who will continue to meet this week to reconcile their bills. Congressional Democrats said they expect to have legislation ready for President Barack Obama’s signature by July 4. The proposal remains in its early stages and has not been presented to lawmakers, according to a Senate aide. Negotiators are currently scheduled to take up the derivatives language in the final days of the conference committee, the aide said, declining to be identified because the talks aren’t public. Lincoln, an Arkansas Democrat who is chairman of the Senate Agriculture Committee , in April proposed separating swaps trading from commercial banking. She has advocated for the rule in the face of opposition from federal regulators, lawmakers and banks. Dimon Lobbying The banking industry focused much of its lobbying efforts on removing the provision, including personal lobbying of lawmakers by JPMorgan Chase & Co. Chief Executive Officer Jamie Dimon . Banking officials and regulators including Fed Chairman Ben Bernanke said the original proposal could introduce more risk into the system by eliminating a primary hedging mechanism and could restrict bank capital at a time of economic stress. Derivatives, such as stock options, are financial instruments based on the value of another security or benchmark. Some instruments, including contracts that insured mortgage- backed bonds, have been blamed for fueling a financial crisis that led to the worst recession since the Great Depression. Consumer advocates and labor groups — many of the same people who opposed Lincoln in the primary election battle she won last week — have supported the provision from its inception. Lincoln has picked up other high profile support in recent days, including from Federal Reserve Bank of Dallas President Richard Fisher and Thomas Hoenig , the president of the Federal Reserve Bank of Kansas City. To contact the reporter on this story: Phil Mattingly in Washington at pmattingly@bloomberg.net .

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Kennedy Had Death Threats After Assassination of Brothers, FBI Papers Show

June 14, 2010

By Justin Blum June 14 (Bloomberg) — Death threats were made against Senator Edward Kennedy in 1968, warning he would be the next member of his family to be assassinated, FBI documents show. An anonymous letter dated Oct. 21, 1968, to an office of the Federal Bureau of Investigation in Seattle said, “To whom it may concern, assassination for Kennedy number three within twentyfour hours of the day October twentyfifth nineteen sixtyeight. All Kennedy residents are in danger on that day.” The letter was among the files released today about the late Massachusetts Democrat in response to Freedom of Information Act requests, and includes death threats to the youngest Kennedy brother. President John F. Kennedy was assassinated in Dallas on Nov. 22, 1963, and Senator Robert F. Kennedy was killed in Los Angeles on June 6, 1968, on the night of California’s Democratic primary election. One document said that in 1977, a former California prison inmate told Arizona authorities that Sirhan Sirhan, the assassin of Robert Kennedy, offered him $1 million and a car to kill Edward Kennedy. The former inmate, who wasn’t identified, said he declined the offer. Sirhan told the inmate to contact Sirhan’s mother for details when he was released if he decided to carry out the killing, according to the document. The inmate said he was in the cell next to Sirhan’s at the Soledad prison in California for 18 months ending in January 1977. The files also contained documents related to the accidental drowning of Mary Jo Kopechne when Kennedy drove his car off a bridge on Chappaquiddick Island in 1969. Kennedy, who first won election to the Senate in 1962, died in August 2009 after a 15-month battle with brain cancer. To contact the reporter on this story: Justin Blum in Washington at jblum4@bloomberg.net

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Kennedy Had Death Threats After Assassination of Brothers, FBI Papers Show

June 14, 2010

By Justin Blum June 14 (Bloomberg) — Death threats were made against Senator Edward Kennedy in 1968, warning he would be the next member of his family to be assassinated, FBI documents show. An anonymous letter dated Oct. 21, 1968, to an office of the Federal Bureau of Investigation in Seattle said, “To whom it may concern, assassination for Kennedy number three within twentyfour hours of the day October twentyfifth nineteen sixtyeight. All Kennedy residents are in danger on that day.” The letter was among the files released today about the late Massachusetts Democrat in response to Freedom of Information Act requests, and includes death threats to the youngest Kennedy brother. President John F. Kennedy was assassinated in Dallas on Nov. 22, 1963, and Senator Robert F. Kennedy was killed in Los Angeles on June 6, 1968, on the night of California’s Democratic primary election. One document said that in 1977, a former California prison inmate told Arizona authorities that Sirhan Sirhan, the assassin of Robert Kennedy, offered him $1 million and a car to kill Edward Kennedy. The former inmate, who wasn’t identified, said he declined the offer. Sirhan told the inmate to contact Sirhan’s mother for details when he was released if he decided to carry out the killing, according to the document. The inmate said he was in the cell next to Sirhan’s at the Soledad prison in California for 18 months ending in January 1977. The files also contained documents related to the accidental drowning of Mary Jo Kopechne when Kennedy drove his car off a bridge on Chappaquiddick Island in 1969. Kennedy, who first won election to the Senate in 1962, died in August 2009 after a 15-month battle with brain cancer. To contact the reporter on this story: Justin Blum in Washington at jblum4@bloomberg.net

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Tax Provision in Jobs Measure Would `Cripple’ Small Businesses, Snowe Says

June 11, 2010

By Ryan J. Donmoyer June 11 (Bloomberg) — Senator Olympia Snowe , a Maine Republican courted by Democrats as a possible swing vote for a jobs bill, said a provision in the measure would unfairly saddle small businesses with new payroll taxes. In a statement released with fellow Republican Senator Mike Enzi of Wyoming that Snowe posted to her Web site, she called the tax a “poison pill” that would “cripple” so-called S corporations, the most common business structure. The proposal would force such corporations to pay as much as a 15.3 percent payroll tax on earnings reinvested in the business rather than taken in salary, she said. “This is a job-killing tax hike that will force entrepreneurs across the nation to retrench and reconsider any plans for hiring employees or expanding their business,” Snowe said in the statement. Democrats control 59 of the Senate’s 100 members and need 60 votes to clear a procedural hurdle that could lead to passage of the jobs bill. The measure would reinstate unemployment aid for jobless workers who’ve exhausted benefits, renew about three-dozen tax breaks and impose higher taxes on executives of buyout firms and other investment partnerships. The provision raising Snowe’s ire is aimed at closing the so-called John Edwards loophole in tax law, a name coined by Republicans after the former North Carolina senator organized his law practice in a way that to avoided the 2.9 percent Medicare tax on about $26 million in earnings. Edwards, a Democrat later nominated to be vice president, was the sole shareholder in his S corporation. ‘Reputation and Skill’ The legislation would impose the Medicare tax and applicable Social Security taxes on such earnings when the company’s “principal asset” is the “reputation and skill” of less than four employees. Social Security taxes of 12.4 percent apply only to the first $106,800 of an individual’s earnings; Medicare taxes have no cap. The provision is projected by the congressional Joint Committee on Taxation to generate about $11.3 billion in revenue over a decade starting next year. Snowe and Enzi said the provision would go farther than stopping abuses by imposing levies on earnings that aren’t actually distributed to shareholders or partners in a company. “Retained earnings are the single biggest form of capital for small business and this provision would decimate that capital at a time when other sources remain difficult to access,” the senators said. According to the Internal Revenue Service , S corporations comprise about 62 percent of all corporations and have been the most commonly used business entity since 1997. In 2003, the last year for which data was available, about 3.3 million S corporation tax returns were filed, up 5.9 percent from the year before. Snowe and Enzi said they filed an amendment to strike the provision from the bill; under congressional budget rules, the provision would have to be replaced with another projected to raise the same amount of money. To contact the reporter on this story: Ryan J. Donmoyer in Washington at rdonmoyer@bloomberg.net

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Tax Provision in Jobs Measure Would `Cripple’ Small Businesses, Snowe Says

June 11, 2010

By Ryan J. Donmoyer June 11 (Bloomberg) — Senator Olympia Snowe , a Maine Republican courted by Democrats as a possible swing vote for a jobs bill, said a provision in the measure would unfairly saddle small businesses with new payroll taxes. In a statement released with fellow Republican Senator Mike Enzi of Wyoming that Snowe posted to her Web site, she called the tax a “poison pill” that would “cripple” so-called S corporations, the most common business structure. The proposal would force such corporations to pay as much as a 15.3 percent payroll tax on earnings reinvested in the business rather than taken in salary, she said. “This is a job-killing tax hike that will force entrepreneurs across the nation to retrench and reconsider any plans for hiring employees or expanding their business,” Snowe said in the statement. Democrats control 59 of the Senate’s 100 members and need 60 votes to clear a procedural hurdle that could lead to passage of the jobs bill. The measure would reinstate unemployment aid for jobless workers who’ve exhausted benefits, renew about three-dozen tax breaks and impose higher taxes on executives of buyout firms and other investment partnerships. The provision raising Snowe’s ire is aimed at closing the so-called John Edwards loophole in tax law, a name coined by Republicans after the former North Carolina senator organized his law practice in a way that to avoided the 2.9 percent Medicare tax on about $26 million in earnings. Edwards, a Democrat later nominated to be vice president, was the sole shareholder in his S corporation. ‘Reputation and Skill’ The legislation would impose the Medicare tax and applicable Social Security taxes on such earnings when the company’s “principal asset” is the “reputation and skill” of less than four employees. Social Security taxes of 12.4 percent apply only to the first $106,800 of an individual’s earnings; Medicare taxes have no cap. The provision is projected by the congressional Joint Committee on Taxation to generate about $11.3 billion in revenue over a decade starting next year. Snowe and Enzi said the provision would go farther than stopping abuses by imposing levies on earnings that aren’t actually distributed to shareholders or partners in a company. “Retained earnings are the single biggest form of capital for small business and this provision would decimate that capital at a time when other sources remain difficult to access,” the senators said. According to the Internal Revenue Service , S corporations comprise about 62 percent of all corporations and have been the most commonly used business entity since 1997. In 2003, the last year for which data was available, about 3.3 million S corporation tax returns were filed, up 5.9 percent from the year before. Snowe and Enzi said they filed an amendment to strike the provision from the bill; under congressional budget rules, the provision would have to be replaced with another projected to raise the same amount of money. To contact the reporter on this story: Ryan J. Donmoyer in Washington at rdonmoyer@bloomberg.net

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Dropping Swaps Plan for Volcker Rule May Still Allow Banks to Take Risks

June 11, 2010

By Matthew Leising June 11 (Bloomberg) — A Congressional plan to ban proprietary trading by banks may still allow them to take risks with private derivatives in transactions initiated by customers. The Volcker rule, named for former Federal Reserve Chairman Paul Volcker , won’t stop Wall Street firms from betting on the direction of a market as long as the trade originated with a customer, said Brian Yelvington , head of fixed-income strategy at broker-dealer Knight Libertas LLC. If Congress passes the Volcker rule, a firm seeking to wager that a market will rise or fall may just avoid hedging the opposite side of a client order. “The market-making exemption provides a pretty big loophole,” said Yelvington, who is based in Greenwich, Connecticut. While this type of embedded proprietary trading is almost impossible to distinguish from market-making, banning it “provides an incentive to hide it further, which is bad for analysts and bad for regulators,” he said. Congress is debating sweeping changes to bank regulations after the collapse of the housing market caused the worst recession since the 1930s and the loss of more than 8 million U.S. jobs. It’s seeking to regulate private swaps for the first time after the $615 trillion market complicated efforts to solve the crisis as regulators couldn’t easily determine how interconnected banks had become through their trades. $28 Billion At stake is trading revenue in the over-the-counter derivatives market that last year generated an estimated $28 billion for five U.S. dealers including JPMorgan Chase & Co. and Goldman Sachs Group Inc., according to reports from the New York-based banks collected by the Federal Reserve and people familiar with banks’ income. The Volcker rule is intended to reduce risky behavior at banks by banning trades that use the firm’s money as well as investing in hedge funds or private equity. The Senate approved a bill last month that included a proposal by Senator Blanche Lincoln , a Democrat from Arkansas, to bar commercial lenders from running swaps desks. It may cost banks more than $200 billion in additional capital, the Securities Industry and Financial Markets Association, a financial industry lobbying group, estimated in April. Members of Congress, who began meeting yesterday in a conference committee to resolve differences over bank-regulation legislation, are likely to drop Lincoln’s measure to bar commercial lenders from running swaps desks in return for keeping the Volcker rule, lawmakers and analysts said this week. Lincoln is on the committee. ‘Radical Proposal’ Lincoln’s plan, the “most radical proposal” in the Senate bill, is “unnecessary” and will likely be removed in the conference committee, analysts led by David Hendler at New York- based fixed-income research firm Creditsights Inc. said in a June 7 report. Politicians and analysts say separating swaps desks from commercial lenders isn’t needed because of the Volcker rule. House Financial Services Committee Chairman Barney Frank , the Massachusetts Democrat who will lead the House-Senate talks, said May 25 that Lincoln’s plan “goes too far” and that the Volcker rule does enough to cut risk in derivatives markets. “These issues will be worked out in time,” said Frank spokesman Steve Adamske . The market-making exemption will have little effect on how banks use swaps to place trades betting on the direction of markets, said Kevin McPartland , a senior analyst at research firm Tabb Group in New York. ‘Minimal’ Impact “Since so much of OTC derivatives trading by banks can be considered market making or hedging, both of which will presumably be exempt from any Volcker Rule, TABB Group believes the impact on the OTC derivatives markets would be minimal,” he said. “This has gotten to a point where this all about politics and not market structure, which should be the focus.” Columbia University economics professor and Nobel prize winner Joseph Stiglitz said this week the idea that the Volcker rule covers the derivatives market is “fundamentally wrong.” “They should be seen as complementary,” he said on a conference call with reporters. Lincoln’s plan aims to protect taxpayers from bailing out Wall Street firms by excluding swaps businesses from receiving Federal guarantees and access to the Fed’s discount window. By moving swaps trading to a bank affiliate, Lincoln’s plan would also require banks to raise capital to back the new affiliate. ‘No Substitute’ “The Lincoln amendment is unique in the sense there is no substitute for it among other proposed regulations,” said Alexander Yavorsky , a senior analyst at Moody’s Investors Service in New York. The Volcker rule “won’t have much of an effect” on how banks use swaps markets if they are allowed to continue to make markets as they do now, Yavorsky said. “The definitive line between proprietary trading and market-making is a blurry one.” In December 2008, Colm Kelleher , then chief financial officer of Morgan Stanley, said that while the New York-based firm was shutting most proprietary trading units, similar opportunities existed in its market-making business. “We believe that where we have insight like commodities, we can position risk of a proprietary nature on the back of those client flows,” said Kelleher, who is now co-president of Morgan Stanley’s institutional securities, where he oversees sales and trading. A better approach than banning bank proprietary trading would be to limit it to a percentage of a bank’s regulatory capital level, said Yavorsky. “That would achieve the goal of not allowing firms to use their ‘too-big-to-fail’ status to their benefit by getting involved in highly speculative behavior and waiting for taxpayers to bail them out,” he said. “An unintended consequence of the Volcker rule would be you remove a profit stream and how management responds increases risk.” To contact the reporter on this story: Matthew Leising in New York at mleising@bloomberg.net

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Robert Creamer: Big Banks Make Desperate Last Ditch Effort to Weaken Wall Street Reform

June 11, 2010

Everyday Americans have made big progress advancing legislation to rein in the recklessness of the big Wall Street Banks that led to the economic collapse and cost eight million Americans their jobs. Now we have to win one final battle to get a tough bill that will hold Wall Street accountable signed into law. Conferees from the House and Senate began meeting yesterday to merge their Wall Street reform bills. The big Wall Street Banks are pulling out every stop in a last ditch effort to cut tough provisions from the bill. An army of their lobbyists has descended on the Capitol. It’s up to us to stop them. Their best hope is darkness. The big Bank lobbyists would love to stick a shiv in important provisions of the bill as quietly as possible somewhere in a back room. Unfortunately for them, the Democratic leadership has done everything it can to make quiet back room dealing difficult. They plan to televise proceedings of the conference for all the world to see. Both Senate and House bills include strong provisions — though in general — the Senate bill is tougher. The Senate bill will be used as the template of the conference. The battle involved is basically a zero sum game. Everyday Americans will benefit if the final measure includes the strongest provisions of both bills. Wall Street — having concluded that a bill cannot be stopped — wants the weakest bill possible. Three broad issues are really at stake: The desperate need to rein in the unrestrained greed-fueled recklessness that caused the financial system to collapse and cost 8 million Americans their jobs. The size and political power of Wall Street — and the entire financial sector — relative to the real, productive economy. The ability of the new Consumer Financial Protection Bureau to protect consumers from financial abuse. These issues will be fought out over a range of specific provisions, but three battlefields are especially noteworthy. 1). Wall Street is apoplectic over the Senate provision — sponsored by Senator Lincoln of Arkansas – that would require them to separate their derivatives trading from normal banking operations that receive access to the cheap funds from the Federal reserve that are available to commercial banks. Derivatives are basically bets that the price of an underlying asset will go up or down. And they get complicated. A derivative can be a bet on a bet on a bet. While some businesses use derivative contracts to hedge their risk, most derivative trading is basically gambling. The premise of the Lincoln provision is simple: speculative activity like trading in derivatives should be separated from the normal activities of banking. This was the case for over 50 years under the Glass-Steagall Act that was passed after the financial panic that lead to the Great Depression. But Glass-Steagall was repealed after heavy lobbying from the geniuses on Wall Street in the late nineties, and that lead to an explosion of speculative derivatives trading by a narrow group Wall Street banks that grew “too big to fail” and ultimately brought down our economy. So it makes enormous sense to resurrect a wall between the economically productive activity of bankers that allocate credit to businesses, entrepreneurs, and homeowners on the one hand and gamblers and speculators on the other. True banking, after all, involves evaluating the soundness of businesses, the underlying value of collateral, the credit worthiness of individual customers. Speculation involves betting on the movements of markets. Sometimes speculators bet that the market will go up. Other times, speculators bet that the value of the underlying asset will drop — they bet on failure and collapse. Not a good idea to combine these two functions in the same institutions — especially when banks have access to favorable credit terms from the Federal Reserve that are intended to provide rock bed soundness to the American banking system. Wall Street claims this provision will cost them billions of dollars — that derivatives trading will move off shore. In fact, of course, many other countries are moving to rein in – and in some cases ban — some of these forms of derivative trading. The fact of the matter is that restrictions like the Lincoln provision will help prevent another financial collapse precipitated by the recklessness of the multi-million dollar bonus crowd and its “too big to fail” bailout aftermath. What’s more it will also seal off one more way the Wall Street has managed to sop up increasing amounts of money from the real economy. 2). The second provision that has Wall Street squealing like stuck pigs is Senator Durbin’s provision to limit the interchange fees the big Bank credit card operations can charge retailers. Credit card fees of all sorts — including interchange fees paid by retailers when customers use credit cards — are a major means through which the financial sector has siphoned off money from the real economy. Bank profits in the first quarter of this year soared to $18 billion, of which almost 87% ($15.6 billion) went to the big Banks who benefit from much lower cost of funds they can lend than their smaller competitors. When it comes to the credit card portion of their business, there is no real competition. The top three issuers control 52.82% of the consumer market (JPMorgan Chase 21.22%, Bank of America 19.25% and CitiBank 12.35%). Add American Express (10.19%) and Capital One (6.95%) – and it becomes clear that five firms control almost 70% of American’s credit card market. On the merchant processing side, the same is true. Eighty percent of the market is controlled by the top 10 banks. Competitive pressures do not prevent big Banks from charging huge interchange fees to merchants for the privilege of taking their bank cards. And then the big banks make money coming and going. They extract $48 billion per year from interchange fees alone and then turn around and get the consumer to pay an annual credit card fee plus 15% to 29% in interest annually on funds that the big Banks borrowed at an astounding .9% in the first quarter (that’s less than one percent) — the lowest rate since the FDIC has been keeping records. And then what does Wall Street do with the money? According to a report by New York Attorney General Andrew Cuomo, employees at nine banks that received money from the TARP bailout received a combined total of $32.6 billion in bonuses. As the Wall Street Journal reported, the bonuses included, “more than $1 million apiece to nearly 5,000 employees — despite huge losses that plunged the U.S. into economic turmoil.” During the period 1973 to 1985, the financial sector never earned more than 16% of domestic profits. This decade, it has averaged 41% of all the profits earned by businesses in the U.S. In 1947, the financial sector represented only 2.5% of our gross domestic product. In 2006, it had risen to 8%. In other words, of every 12.5 dollars earned in the United States, one dollar goes to the financial sector, much of which, let us recall, produces nothing. Wall Street’s expansion is one big reason that most of America’s economic growth during the last decade flowed into the hands of investment bankers, stock traders and partners in firms like Goldman Sachs. The Center on Budget and Policy Priorities reports that fully two-thirds of all income gains during the last economic expansion (2002 to 2007) flowed to the top 1% of the population. And that, in turn, is one of the chief reasons why the median income for ordinary Americans actually dropped by $2,197 per year since 2000. Time to cut off one more siphon that the big Banks use it to extract money from the pockets of everyday Americans — and the real economy — and transfer it into the hands of Wall Street Bankers. Lobbyists for the big Banks say that if Congress includes Durbin’s interchange fee provisions the costs will be born by everyday people. If that were so, the big Banks wouldn’t be lobbying so hard to prevent it from being included in the final bill. 3). A third area where special interests will seek to weaken the bill is by carving out exemptions from coverage by the new Consumer Financial Protection Bureau. In particular the auto dealers are trying to convince Members of Congress that they should not be subject to consumer protection requirements when they make or arrange auto loans. Think of the chutzpa. Auto loans are the number one source of consumer complaints to the Better Business Bureau and auto dealers think they — of all people — should be excluded from the consumer protection law? Any Member of Congress who would fall for that wins the gullibility of the year award. You wouldn’t want to rely on someone that gullible to help you shop for a used car, much less write the laws of the land. Robert Creamer is a long-time political organizer and strategist, and author of the recent book: “Stand Up Straight: How Progressives Can Win,” available on amazon.com .

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With U.S. Immigration Overhaul Unlikely, Advocates Seek Piecemeal Changes

June 11, 2010

By Laura Litvan June 11 (Bloomberg) — Some groups advocating a broad rewrite of U.S. immigration law this year are now seeking a piecemeal approach, conceding a lack of support for a comprehensive measure. Some of the groups intent on offering citizenship for millions of undocumented workers are pushing Congress to move one or two smaller bills this year. They say November’s congressional elections lessen the chances of going further, even when many advocates say Arizona’s enactment of its own tough immigration law shows the need for a new federal plan. “I think it’s difficult to get comprehensive immigration reform done before the elections,” said Brent Wilkes, national executive director of the League of United Latin American Citizens . “In the meantime, we’re supporting what you would call a down payment on comprehensive reform.” This sentiment represents a split among the Hispanic groups and labor unions that united behind demands that the Democrats who control Congress enact an immigration overhaul this year or risk paying a price at the polls. Opponents of relaxed rules for undocumented immigrants say lawmakers could pay another price for a sweeping overhaul. While immigration is one of President Barack Obama ’s top priorities, he said in April that Congress may lack the “appetite” to deal with it this year. The Senate in 2007 blocked lawmakers’ last effort to enact the first major rewrite of immigration laws since 1986. Now, Senate Democratic leaders are drafting a plan to bolster security at U.S. borders before providing a way for some of the 11 million undocumented immigrants now in the country to become citizens. Lure for Support Senator Dick Durbin of Illinois, the second-ranking Democrat, said this week he doesn’t want to enact piecemeal immigration laws. Durbin, sponsor of one of the limited bills, said he views such proposals as lures to bring Republicans on board for farther-reaching changes. “I am loath to even suggest” a piecemeal plan, Durbin said. “I am for comprehensive immigration reform.” Other Democrats question whether any immigration plan, big or small, can be enacted after the long debates over revamping health care and Wall Street rules. No Senate Republicans support immediate changes in immigration law. Democrats control 59 Senate seats, one short of the number needed to force a vote, and Republicans hope to win some of those seats in November. “It’s almost impossible to get consensus on anything,” said Senate Judiciary Committee Chairman Patrick Leahy , a Vermont Democrat. House Speaker Nancy Pelosi , a California Democrat, has repeatedly said she won’t push a measure in her chamber until the Senate acts. Not Giving Up Some groups in the immigration debate are dismayed at talk of a piecemeal approach and say they haven’t given up on an overhaul this year. Eliseo Medina , executive vice president of the Service Employees International Union , said there is momentum for change after enactment of the Arizona measure. The law, starting in late July, makes it a state crime to be in the U.S. illegally and requires police to check the status of anyone suspected of being in the country without documentation. “I think we have a shot at getting it done,” Medina said. “It’s going to be difficult, but it’s not impossible.” Groups advocating smaller measures cite two bills with some bipartisan support. The first would allow illegal immigrants who arrive in the U.S. before age 15 and remain at least five years to become permanent residents after graduating from high school. Introduced by Durbin and Republican Senator Richard Lugar of Indiana, it would affect about 65,000 illegal immigrants. Farm Workers The second bill, sponsored by Senator Dianne Feinstein and Representative Howard Berman , both California Democrats, would create a pilot plan to legalize the immigrant status of undocumented agricultural workers laboring on farms for at least two years. It would affect about 2 million workers and their families. “We’re looking at the possibility of doing one bill that might help move the broader debate forward,” said Tyler Moran, policy director of the National Immigration Law Center in Washington. She said the measure targeting young immigrants who finish high school affects a “compelling constituency” and may have the best chance of approval. Senator Jeff Sessions of Alabama, the top Judiciary Committee Republican, said his party probably won’t support any legislation until Obama can control the flow of illegal immigrants into the U.S. “You show us you’ve ended this massive illegality that is occurring every single day, and then we can begin to talk about people who have been here a long time,” Sessions said. Border Security Clarissa Martinez, director of immigration and national campaigns at National Council of La Raza , said a broad measure is achievable in coming months though she said a move by Obama to bolster border security may have undermined efforts to get Republicans to sign on. Obama said May 26 he would send 1,200 National Guard troops to the border with Mexico and seek another $500 million for border security, a step Martinez said might have been offered in negotiations over a broader plan. “There was an opportunity to elevate the conversation,” Martinez said. “That opportunity was missed.” To contact the reporter on this story: Laura Litvan  in Washington at   or llitvan@bloomberg.net .

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Geithner Says China&rsquos Yuan Peg Hurts Global Recovery

June 11, 2010

By Ian Katz June 11 (Bloomberg) — Treasury Secretary Timothy F. Geithner said China’s exchange-rate policy prevents a balanced global recovery and urged a stronger yuan to help contain inflation in the world’s third-largest economy. “The distortions caused by China’s exchange rate spread far beyond China’s borders and are an impediment to the global rebalancing we need,” Geithner said in testimony to the Senate Finance Committee. China’s commerce ministry said hours later that the yuan’s peg to the dollar remains unchanged and the country’s policy was made clear to the U.S. in talks last month. The U.S. has been trying to push China to let the currency rise, with Geithner hewing to a diplomatic approach and so far resisting efforts to impose trade sanctions. China adopted the peg during the financial crisis to shield its exporters, fueling complaints from trading partners and U.S. lawmakers that the world’s biggest exporter has an unfair advantage. Reports yesterday from the U.S. and China highlighted concern that trade imbalances that reached record levels prior to the global crisis may be reemerging. Chinese exports climbed 48.5 percent in May from a year earlier, the most in six years after adjusting for distortions from the Lunar New Year holidays. U.S. imports of Chinese goods exceeded exports to China by $71 billion, a 5.7 percent increase in the bilateral trade gap from the year-earlier period, the report showed. ‘Frustrations’ Rising “The frustrations with China’s trade practices are growing by the moment,” Senator Lindsey Graham , a South Carolina Republican who has co-sponsored legislation targeting China’s currency policy, said in an interview on Bloomberg Television’s “Political Capital with Al Hunt” airing this weekend. The rising tension comes just as optimism that the world’s fastest-growing major economy is withstanding the threat of Europe’s debt crisis spurs gains in stocks worldwide. The MSCI Asia Pacific Index rose 1.4 percent as of 10:13 a.m. in Hong Kong today, after the U.S. Standard & Poor’s 500 Stock Index jumped 3 percent overnight. Yesterday’s hearing in Washington featured senators blaming China for failure to protect intellectual property rights and giving unfair preference to its companies in procurement practices. “There is now a long trail of broken promises that can no longer be ignored,” Senator Ron Wyden , an Oregon Democrat, told Geithner. “At least five of your predecessors have been slow- danced by the Chinese,” he said. “What are you going to do to change that” and prevent getting “slow-danced off the dance floor” he said. Geithner’s Dance Geithner responded that China did let the yuan advance 21 percent against the dollar in the three years to 2008. He also reiterated his view that it’s in China’s own interest to loosen controls on the currency. A Chinese Ministry of Commerce press official said today China will stick to its currency reform principles of making independent decisions and pursuing a gradual and controlled process. The official reiterated the government’s view that the currency isn’t the cause for the trade gap. Geithner said that a more flexible yuan would allow China to pursue “a more effective, independent monetary policy, which is particularly important now, with China’s economy facing a risk of inflation in goods and in asset prices.” China’s Inflation China’s inflation rate increased to 3.1 percent in May, exceeding the government’s target for the full year, a government report showed today. Data yesterday showed property prices rose at a near-record pace, with costs jumping 12.4 percent across 70 cities, the statistics bureau said. Senators repeatedly criticized China’s business practices and Geithner said it’s important U.S. companies have fair access to the growing Chinese market. Senator Charles Grassley , the top Republican on the committee, said the Chinese need to “grow up and be citizens of this world.” China became a member of the World Trade Organization in 2001. “Instead of doing everything it can to comply with the letter and spirit of its World Trade Organization obligations, the Chinese government appears to be looking for ways to evade those rules,” Grassley said. The Senate will vote “soon” on a measure aimed at getting China to raise the value of the yuan, Senator Charles Schumer of New York told Geithner at the hearing. Graham said in the interview that the measure has “huge” support in Congress and President Barack Obama “runs the risk” of being overridden by lawmakers if he attempts to veto it. Looming Vote “Despite the administration asking us not to do it,” lawmakers will proceed with the legislation “to provide specific consequences for countries that fail to adopt appropriate policies,” said Schumer, a Democrat and lead sponsor of the legislation. He said this week the Senate would vote within two weeks. Geithner, in response, said “I recognize, and I think it’s very important for China to understand,” that Schumer’s legislation “has very broad support” from Democrats and Republicans. Since July 2008 Premier Wen Jiabao ’s government has kept the yuan around 6.83, per dollar. In April, Geithner delayed the release of a twice-yearly report on whether China or any other country is manipulating its exchange rate. Under questioning, Geithner said he hasn’t decided when to release the currency report. “Once we get through the G-20 meeting we’ll take some stock,” he said, referring to a Group of 20 nations leaders’ summit in Toronto June 26-27. Geithner told the Senate panel that “reform of China’s exchange rate is critically important to the United States and to the global economy.” To contact the reporter on this story: Ian Katz in Washington at ikatz2@bloomberg.net

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Republicans Boost Attack on Kagan Memos for Marshall

June 11, 2010

By Laura Litvan June 10 (Bloomberg) — Republicans stepped up criticism of U.S. Supreme Court nominee Elena Kagan , saying memos she wrote as a law clerk for Justice Thurgood Marshall are evidence of judicial activism. Kagan’s clerkship for Marshall in 1987 and 1988 will be a focus of her confirmation hearings, said Senator Jon Kyl of Arizona. He is a member of the Judiciary Committee that will hold hearings on Kagan’s nomination beginning June 28. Her notes to Marshall on which cases the court should review “reveal time and time again an effort to reach a certain result in a case,” Kyl said. Senator Jeff Sessions , ranking Republican on the Judiciary Committee, also said at a news conference with Kyl today her views were “results-oriented.” Obama nominated Kagan, 50, to replace retiring Justice John Paul Stevens on the nine-member high court. A former dean of Harvard Law School , Kagan is now U.S. solicitor general, the Obama administration’s chief courtroom lawyer. Democrats, who control 59 of the Senate’s 100 seats, want to have Kagan confirmed well before the next Supreme Court term begins in October. Kyl and Sessions pointed to a Kagan memo to Marshall in which she said she was “not sympathetic” to an individual’s claim that the District of Columbia’s firearms law violated his constitutional right to keep and bear arms. Sting Operation The Republicans also distributed a memo in which Kagan said she was “a bit shocked” by a government sting operation that used the U.S. Postal Service to catch child sex predators. She said a federal appeals court may have been right to uphold the operation and the court should abstain from review. But she said Marshall should still order the government to file a legal brief in the matter. “I think it indicates a developing lawyer who has a political bent to their legal work,” Sessions said of the memos. At her Senate confirmation hearing to be solicitor general, Kagan said her memos were intended to reflect Marshall’s views. She called herself a “27-year-old pipsqueak” working for a “90-year-old giant in the law.” Marshall asked his clerks “to channel him and to think about what cases he would want the court to decide,” Kagan said then. “And in that context, I think all of us were right to say, ‘Here are the cases which the court is likely to do good things with from your perspective, and here are the ones where they’re not.’” Leahy’s Response Judiciary Committee Chairman Patrick Leahy , a Vermont Democrat, said in a statement it was “unsurprising” that her law clerk memos “were mindful of Justice Marshall’s longstanding jurisprudence, and that her recommendations to him applied the lens through which he viewed cases and the law.” With no judicial record of Kagan’s to examine, lawmakers want to look into memos and e-mails from earlier in her career. Other documents of interest are from her tenure as a White House associate counsel in 1995 and 1996 and as a deputy assistant for domestic policy from 1997 to 1999, when Bill Clinton was president. The Clinton Library tomorrow will release another 42,000 pages of documents after issuing a first batch a week ago. Employees of the National Archives are helping to review the papers. The documents will include those from Kagan’s time in the White House counsel’s office and related to her 1999 nomination to the U.S. Court of Appeals for the D.C. Circuit, said Susan Cooper, a spokeswoman for the National Archives. A Republican- led Senate never acted on that nomination. A final round of documents will be released next week, including e-mails from her White House tenure, Cooper said. To contact the reporter on this story: Laura Litvan in Washington at llitvan@bloomberg.net

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Video: Sutter Says U.S. Frustration on Yuan Is `Understandable’: Video

June 10, 2010

June 11 (Bloomberg) — Robert Sutter, visiting professor at Georgetown University, talks with Bloomberg’s Rishaad Salamat about the U.S. stance on China’s currency policy. The U.S. Senate will vote within two weeks on a measure aimed at getting China to raise the value of the yuan, Senator Charles Schumer of New York said today. (Source: Bloomberg)

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Video: Stabenow Discusses Legislation China’s Yuan Policy: Video

June 10, 2010

June 11 (Bloomberg) — Senator Debbie Stabenow, a Michigan Democrat, talks with Bloomberg’s Rishaad Salamat about the outlook for legislation aimed at getting China to raise the value of the yuan. (Source: Bloomberg)

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Senate Vote on EPA Regulation Splits Democrats Before Cap-and-Trade Debate

June 10, 2010

By Simon Lomax June 10 (Bloomberg) — A failed Republican move to block a U.S. agency from regulating greenhouse gases under existing law may have drawn enough votes to damage Democratic hopes of a passing a bigger pollution-reduction plan this year. Six Senate Democrats joined the Republican effort to challenge the Environmental Protection Agency ’s planned regulations for carbon dioxide and other gases linked to climate-change. The motion to disapprove the EPA’s carbon regulations from Lisa Murkowski , an Alaska Republican, was defeated 47-53 in a procedural vote. EPA carbon rules are the Obama administration’s backup plan for limiting greenhouse gases if its preferred approach, cap- and-trade legislation that charges polluters a price for the carbon dioxide they released into the atmosphere, doesn’t pass Congress this year. “We need to pass a cap-and-trade bill,” Senator Dianne Feinstein , a California Democrat, said after the vote on Murkowski’s measure. “I think it can certainly get passed next year; it can’t this year.” Under cap-and-trade, the government issues a declining number of carbon dioxide allowances that power plants, factories and oil refineries buy and sell. Cap-and-trade legislation that narrowly passed the House last year stalled in the Senate. Senators John Kerry , a Massachusetts Democrat, and Joseph Lieberman , a Connecticut independent, released a revamped cap- and-trade bill last month and are lobbying with President Barack Obama ’s help to get the new carbon-pricing proposal included in energy legislation that may get a vote as soon as July. ‘Much Different’ Senator Richard Durbin of Illinois, the Democrats’ chief vote-counter, said after today’s vote “the Senate is likely to consider legislation much different than the House” cap-and- trade bill. The bill to be considered next month will “deal with energy and clean-energy jobs,” Durbin said. Senate Majority Leader Harry Reid told reporters after the vote he’ll wait for a meeting with Democrats next week before deciding what should be in next month’s energy legislation, although it won’t be branded as “cap-and-trade.” “We don’t use the word cap-and-trade; that’s something that’s been deleted from my dictionary,” Reid said. “Carbon pricing is something we’re talking about.” Reid said this week he is weighing whether to add the carbon caps in Kerry and Lieberman’s legislation to a bill approved by the Senate energy committee last year that ramps up electricity generation from renewable sources such as wind farms and sets new energy-efficiency standards. Six Democrats It usually takes 60 out of 100 votes to pass major legislation through the Senate. Democrats hold 59 seats in the chamber, meaning the support of at least one Republican is needed for most bills to pass. Today, all 41 Republicans voted against the EPA’s proposed carbon regulations. The six Democrats to side with them today were Evan Bayh of Indiana, Ben Nelson of Nebraska, Jay Rockefeller of West Virginia, Mary Landrieu of Louisiana and Mark Pryor and Blanche Lincoln of Arkansas. They joined Republicans in arguing that the EPA regulations, which would take effect next year, are impractical and damaging to the economy. The regulations are a “back-door national energy tax” that would deal “a devastating blow to an economy that’s already in rough shape,” said Senate Republican Leader Mitch McConnell of Kentucky. ‘A Big Gift’ Democrats who opposed the motion said it ignored climate- change science and would shield energy firms, especially oil companies, from environmental controls. Blocking the rules would be “a great big gift to Big Oil,” Reid said. The EPA’s authority to regulate greenhouse gases under existing law stems from a 2007 Supreme Court decision on the scope of the Clean Air Act. Rockefeller, who voted with the Republicans today, has introduced a bill to block the EPA from exercising its authority over greenhouse gas emissions from industrial sources such as power plants for two years. Lawmakers need the extra time to work out the best way to deal with climate-change because most “have no idea” how a cap-and-trade program works, he said. Lieberman said he and Kerry will continue to push for the revamped cap-and-trade bill to be included in Reid’s planned energy legislation so it can become law this year. The defeat of the Murkowski resolution today should “increase momentum to develop comprehensive energy and climate legislation this year,” he said. Support Seen From 61 Eileen Claussen , president of the Arlington, Virginia-based Pew Center on Global Climate Change, said there is still hope of getting climate-change legislation passed this year. During the debate, eight senators who voted to strip EPA of its authority over greenhouse gases said they supported the idea of cutting back the pollution that scientists have linked to climate change, Claussen said. That means 61 senators “through their votes or statements” showed support for cutting carbon pollution, she said. It may be possible to persuade some of the senators who voted against the EPA regulations today to support legislation that includes limits on greenhouse gases this year, Kevin Book , a managing director at Washington-based policy analysis firm ClearView Energy Partners LLC, said in a report today. Some senators who voted against the regulations, including “green-leaning Republicans” such as South Carolina’s Lindsey Graham , who was once a supporter of the Kerry-Lieberman bill, now have a chance “to negotiate even greater provisions on behalf of their constituents in return for offering the decisive votes” on a climate bill, Book said. Negotiations of that kind are unlikely with lawmakers starting to focus on November elections, Feinstein said. “I think it’s difficult to pass a big bill a few months before a big election,” she said. To contact the reporter on this story: Simon Lomax in Washington at slomax@bloomberg.net

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Turmoil in U.S. Politics Creates Lack of Clarity for CEO Decision-Making

June 10, 2010

By Lisa Lerer and John McCormick June 10 (Bloomberg) — In a year of tumult in U.S. politics in which control of Congress appears up for grabs, the result for business leaders is a climate lacking the certainty they crave for decision-making. Those affected include Ralph Izzo , the chief executive officer of Public Service Enterprise Group , New Jersey’s largest utility. “The big unknown is whether or not Congress will take action on carbon dioxide,” said Izzo, as reported in the June 14 issue of Bloomberg Businessweek. “Absent clear environmental regulations, your long-term strategy is something you really have to equivocate on.” Energy policy is far from the only issue surrounded by such doubts. Action on taxes, trade, immigration, jobs programs, and the funding of entitlement programs such as Medicare all hinge on who controls the House and Senate. Already trying to absorb what the new health-care law and the financial regulation overhaul likely to clear Congress might do to profits, executives nationwide don’t know when, or if, lawmakers will move on other major legislation. The main discernible trend from the primaries, run-offs, and special elections held in 12 states on June 8 was that women won big, though money or Tea Party support seemed to matter more than gender. California Results In California, former Hewlett-Packard CEO Carly Fiorina was chosen by state Republicans to face Democratic Senator Barbara Boxer in November’s general election. Meg Whitman , the former eBay chief who spent $71 million of her own money on the Republican gubernatorial primary, triumphed and will face Democrat Jerry Brown , a former governor. In Nevada, Sharron Angle , backed by Tea Party activists, outdistanced 11 other Republicans and won the nomination to square off against Senator Harry Reid , the leader of the chamber’s Democratic majority. Senator Blanche Lincoln of Arkansas narrowly survived a Democratic primary challenge fueled by organized labor; she now faces an uphill re-election fight in November against Republican Representative John Boozman , who leads in the polls. Some of the June 8 results make business leaders nervous, raising concerns that both parties are moving toward more rigid ideological positions. Angle, for example, wants the federal Education Department eliminated and has called for the current tax code to be scrapped — views shared by many Tea Party activists. ‘Harder to Plan’ “This kind of extremism makes it much harder to plan from a business perspective,” said John Castellani , chief executive officer of the Business Roundtable , which represents chief executives. Castellani said he senses a record level of anxiety among his membership, more than 70 of whom attended a recent quarterly meeting, while 90 participated in February, the largest turnout in his decade with the group. His members, almost all heads of multinational corporations, are particularly concerned about stalled free-trade agreements and proposed new taxes on foreign income. “People are trying to discern what the trends are,” he said. “Are these candidates who are going to understand that 95 percent of the world lives outside the United States, or isolationists?” Interest in Lincoln William Lane , Washington director for Peoria, Illinois- based Caterpillar Inc ., watched the Arkansas race closely. The world’s largest maker of construction equipment backed Lincoln, the chairwoman of the Senate Agriculture Committee who Lane called a “pro-business” Democrat. “None of us knows whether Republicans are going to have moderate success, significant success, or historic success,” Lane said. “But one thing that is clear is that the Congress is going to be re-centered after November.” For Lewis Hay , CEO of Juno Beach, Florida-based NextEra Energy Resources LLC , the largest renewable energy producer in North America, the results of individual races are less important than which party controls Congress. Democrats currently have the majority in both chambers. “One senator from Florida isn’t going to impact what we do in Florida very much, but the composition of the House and the Senate could very well have an impact,” he said. ‘No Regrets’ Investment Hay is following what he calls a “no regrets” investment strategy for NextEra. If Congress passes legislation setting a national mandate for alternative energy sources such as wind and solar, those industries will prove to be “very, very good investments,” he said. If Congress fails to act, the investments will still be good, though less profitable. “We would clearly invest a lot more, with more clarity on our climate and energy policy,” he said. “There’s a lot of capital sitting on the sidelines.” Izzo is monitoring elections in regions where the utility operates and other major races. “I’m a little more worried about how things change post-November than before,” he says. “Each day Congress waits puts us a little bit more behind.” To contact the reporters on this story: Lisa Lerer in Washington at llerer@bloomberg.net ; John McCormick in Chicago at jmccormick16@bloomberg.net

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Goldman Sued for $1 Billion by Australian Hedge Fund Over Timberwolf CDO

June 9, 2010

By David Glovin and Christine Harper June 9 (Bloomberg) — Goldman Sachs Group Inc. was sued for $1 billion by an Australian hedge fund that claimed it was forced into insolvency after buying mortgage-linked securities that the New York-based firm created and one of its executives termed “one shi**y deal.” The lawsuit by Basis Capital ’s Basis Yield Alpha Fund was filed today in Manhattan federal court over Goldman Sachs’s sale of the “now notorious Timberwolf collateralized debt obligation,” Basis said in a statement. “Goldman was pressuring investors to take the risk of toxic securities off its books with knowingly false sales pitches,” Eric Lewis , the lawyer for Basis Capital, said in the statement. “Goldman should be called to account.” The U.S. Securities and Exchange Commission sued Goldman Sachs on April 16, alleging fraud tied to a CDO known as Abacus 2007-AC1. Later that month, U.S. Senate lawmakers released internal Goldman Sachs e-mails in which Thomas K. Montag , former head of sales and trading in the Americas at Goldman Sachs, called the Timberwolf Ltd. CDO “one shi**y deal.” In its securities-fraud complaint, Basis said that this e- mail was sent in the same week that it was closing its deal with Goldman Sachs to purchase exposure to Timberwolf through credit default swaps . The company asked for more than $1 billion in compensatory and punitive damages. ‘Misguided Attempt’ “The lawsuit is a misguided attempt by Basis, a hedge fund that was one of the world’s most experienced CDO investors, to shift its investment losses to Goldman Sachs,” the investment bank said today in a statement. Basis, which invested $78 million in Timberwolf, said in its complaint that Goldman Sachs falsely claimed in June 2007 that the market for securities such as Timberwolf had stabilized and that the investment was a “good entry point.” “All of these representations were knowingly false,” Basis said in its statement. Within 2 1/2 weeks of its investment in the Timberwolf CDO, Goldman Sachs began “to make significant margin calls” on Basis and forced the firm into insolvency, Basis said. Timberwolf held pieces of other CDOs, according to a statement from the U.S. Senate’s Permanent Subcommittee on Investigations in April. Timberwolf also included optimistic side-bets on the performance of CDOs, derivatives in which the firm took the opposite pessimistic side in “many” cases, the panel said. Senator’s Comments The CDO was among the securities that Goldman Sachs sold to clients after deciding the New York-based firm needed to reduce its mortgage holdings, said Senator Carl Levin , a Michigan Democrat. Goldman Sachs denied that it cheated Basis. “At the time of the Timberwolf transaction, Basis specifically stated that it would not place any reliance on Goldman Sachs, and this decision formed part of the agreement Basis signed,” the bank said in its statement. Basis made its investment at market levels that “were substantially below the face value of the securities and consistent with where other investors were purchasing the same Timberwolf securities during the same time,” Goldman Sachs said. Goldman Sachs lost several hundred millions of dollars of its money from its exposure to Timberwolf, according to its statement. The case is Basis Yield v. Goldman Sachs, 1:10-cv-04537, U.S. District Court, Southern District of New York (Manhattan). To contact the reporters on this story: David Glovin in New York federal court at glovin@bloomberg.net , Christine Harper in New York at charper@bloomberg.net .

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Whitman Faces Brown for California Governor After Republican Primary Win

June 9, 2010

By Michael B. Marois June 9 (Bloomberg) — Former EBay Inc. Chief Executive Officer Meg Whitman won the California Republican nomination for governor to face Democrat Jerry Brown in an election to decide who will lead the most-populous U.S. state as it struggles to emerge from its worst fiscal crisis since the Great Depression. Whitman, a 53-year-old political newcomer, led Steve Poizner , the state Insurance Commissioner and a former Silicon Valley executive, 63 percent to 27 percent with 13 percent of votes counted, according to the Associated Press. Brown, 72, the state attorney general and two-term governor from 1975 to 1983, had no significant opponents in yesterday’s primary. “California is in crisis,” Whitman told supporters in Los Angeles. “We certainly cannot save California’s future by repeating the failures of the past.” The November victor will take over a state whose jobless rate was 12.6 percent in April, the highest in more than three decades. At the same time, a resurgent budget gap led Governor Arnold Schwarzenegger and lawmakers to approve $12.5 billion of tax increases and $32 billion in spending cuts in 2009, only to have the deficit re-emerge this year. A Los Angeles Times poll published May 30 showed Brown beating Whitman, 44 percent to 38 percent, in a head-to-head matchup. The telephone survey was based on responses by 1,506 registered voters from May 19-26, with a margin of error of plus or minus 2.6 percentage points. ‘Demolition Derby’ Whitman poured more than $71 million of her estimated $1.2 billion fortune into the primary race and plans to match that against Brown, who has $20 million for the campaign, according to state records . Term limits require Schwarzenegger , a Republican, to leave office in January. “We have just seen the two Republican candidates for governor stage a billionaire’s demolition derby,” Brown told supporters in Los Angeles. “They both say they want to run the state like a business but they set a national record for excessive spending.” A group backed by labor unions and Ron Burkle , the billionaire chairman of Yucaipa Cos., a Los Angeles-based private-equity firm, plans to raise more than $30 million to back Brown and buy advertising through an independent campaign committee. Direct contributions to political campaigns are limited under state law, while there are no caps on cash given to such independent support groups. Goldman Sachs Director Democrats already are attacking Whitman for her one-time role as a director of New York-based Goldman Sachs Group Inc. , the Wall Street bank sued for fraud by the U.S. Securities and Exchange Commission in connection with the sale of mortgage- linked securities. She left the bank’s board in 2002. Whitman has said her business experience and status as a political outsider will empower her to turn around the state. She has said she’d spur job creation by easing regulation and reducing business taxes. To bridge the state’s budget deficit , she’d curb government waste and fraud, put new state workers into corporate-style 401(k) retirement plans, cut 40,000 government positions and lower lawmakers’ pay by making legislating a part-time job. Brown has said he won’t raise taxes absent voter support and has emphasized his government experience. A lawyer and former California secretary of state, he also served two terms as mayor of Oakland before becoming attorney general in 2006. He’s the son of former Governor Edmund G. “Pat” Brown, who served from 1959 to 1967. Insiders’ Contest “This is going to be the contest of the insiders, the corporate insider versus the political insider,” said Jack Pitney , who teaches politics at Claremont McKenna College in Claremont, California, before the vote. “Whitman is going to talk about restraining the growth of government, but the question is going to be whether Jerry Brown can harness the public reaction against corporate misconduct and turn it against Whitman.” Either candidate is likely to confront a resistant Legislature, where Democrats outnumber Republicans. Its leaders have clashed with Schwarzenegger over how to bridge budget gaps stemming from the recession. The Democrat majority is shy of the two-thirds margin needed to pass a budget or raise taxes, hampering legislative action and tarnishing California’s credit rating. The penalty investors demand on California debt has fallen, with the yield premium on 10-year securities over top-rated debt narrowing to 1.16 percentage points on June 8 from about 1.5 percentage points in January, according to indexes compiled by Bloomberg. California’s debt is rated A1 by Moody’s Investors Service and A- by Standard & Poor’s, the fifth- and seventh- highest ratings, respectively. Senate Race Elsewhere in California, Republicans chose Carly Fiorina , 55, a former Hewlett-Packard Co. CEO, to run against U.S. Senator Barbara Boxer , a 69-year-old Democrat. Fiorina beat former U.S. Representative Tom Campbell , 57, an economist who served five terms in Congress and worked as Schwarzenegger’s budget director from December 2004 to August 2005. Boxer’s re-election bid comes amid growing anxiety over the economy and the expanding role of government, and she may be at risk of losing the Senate seat after three terms, according to Jennifer Duffy , a senior editor of the nonpartisan Cook Political Report in Washington. Voter Mood Boxer’s position as chairman of the Senate’s Environment and Public Works Committee may open her to Republican criticism for advocating stricter business regulation at a time of high unemployment, Duffy said in an interview last week. “Voters seem to be in the mood for some change right now, even in a state as Democratic as California,” Duffy said. Democrats account for about 45 percent of registered voters, compared with Republicans at 31 percent, according to state records as of May 24. Republicans picked state Senator Mimi Walters of Orange County to run against incumbent Treasurer Bill Lockyer , a 69- year-old Democrat, in November. Walters, 48, who once worked for Drexel Burnham Lambert Inc. and Kidder Peabody & Co., served two terms in the Assembly and is a former mayor of Laguna Niguel. In the controller’s race, Republican state Senator Tony Strickland , 40, was leading his party’s primary with 58 percent in early returns, seeking to challenge Democratic incumbent John Chiang , 47. Strickland, elected to the Senate in 2008 after two terms in the Assembly, lost to Chiang in 2006. San Francisco District Attorney Kamala Harris , 45, was leading in her bid to be the Democratic Party’s nominee for attorney general. She was ahead of Chris Kelly , the 39-year-old former chief privacy officer at social-networking website Facebook Inc., 33 percent to 18 percent. A ballot measure backed by PG&E Corp. , owner of California’s largest utility, was too close to call in early returns. If passed, it would require a two-thirds majority vote to approve steps by local governments to enter the electricity business. Another measure to create an open primary system, doing away with partisan elections, was approved. To contact the reporter on this story: Michael B. Marois in Sacramento, California, at mmarois@bloomberg.net

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Buyout Managers Tax Increase Scaled Back Under Senate Democrats’ Proposal

June 8, 2010

By Brian Faler and Ryan J. Donmoyer June 8 (Bloomberg) — Senate Democrats said they will scale back a House-approved tax increase on investment-fund managers as part of their jobs legislation. The plan would tax an increasing amount of the profit share paid to fund executives, known as carried interest, at higher ordinary income tax rates rather than at the lower capital gains rate. The measure also would reinstate a provision dropped by House Democrats that would send state governments $24 billion to help pay for Medicaid health care for the poor. It would pay for that in part by increasing to 41 cents the current 8-cent tax oil companies pay on each barrel of oil they produce. “We have to get more Americans back to work,” said Senate Finance Committee Chairman Max Baucus , a Montana Democrat. Baucus’s proposal, starting next year, would tax half of the carried interest that doesn’t reflect a return on invested capital at ordinary tax rates, while the rest would be taxed at the lower capital gains rate. The share taxed as ordinary income would grow to 65 percent beginning in 2013. Carried interest that is attributed to the sale of assets held for at least seven years would be subject to lower rates. The tax increase on carried interest would raise $14.5 billion over 10 years, down from the $17.7 billion the House plan is projected to generate. Democratic Senator Charles Schumer of New York said the Senate aims to pass the legislation by early next week. To contact the reporters on this story: Brian Faler in Washington at jarowley@bloomberg.net ; Ryan J. Donmoyer in Washington at rdonmoyer@bloomberg.net

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Les Leopold: Are the Unemployed Causing Unemployment?

June 4, 2010

Is it good news that the hiring of 411,000 temporary census workers finally made a small dent in our enormous jobs crisis… at least temporarily? Shouldn’t we now listen more carefully to Senator Judd Gregg of New Hampshire who wants to cut off extended unemployment benefits? He explained it this way on CNBC: Because you’re out of the recession, you’re starting to see growth and you’re clearly going to dampen the capacity of that growth if you basically keep an economy that encourages people to, rather than go out and look for work, to stay on unemployment. Yes, it’s important to do that up to a certain level, but at some point you’ve got to acknowledge that we’re not Europe. ( Senator Judd Gregg on CNBC ) The honorable senator and many other pols and pundits apparently believe that at least some unemployed Americans are just coasting on their unemployment checks, having a bit of a vacation rather than grabbing one of the many jobs being generated in this red-hot recovery of ours. Somehow Gregg and company studiously ignore the fact that there still aren’t enough jobs to go around. As May’s unemployment numbers show, we’re still in a jobs recession, despite the impact of temporary census jobs. More than 29 million Americans are still without work or forced into part-time work — that’s a real jobless rate of 16.6% (BLS U6). Nearly 7 million people have been jobless for over 26 weeks (the “long-term unemployed”) -more than at any time since the Great Depression. We still need more than 22 million new jobs to get us anywhere near full-employment. Senator Gregg is not the only one who is putting the onus on the unemployed. The philosophy behind his statement is shared by many leading governmental officials. (And after all, the Obama administration wanted Gregg to head the Commerce Department. That thought he’s a moderate?) The philosophy they share is this: In the ideal free market, the price of labor determines the amount of employment, or so the theory goes. If the price of labor goes down, there will be more jobs. By cutting the amount and length of unemployment benefits, we effectively lower the price of labor overall, forcing more people to compete for scarce jobs. Fed Chair Ben Bernanke has blamed high unemployment during the Great Depression on “sticky” labor markets–sticky because resurgent unions and New Deal wage and hour laws prevented employers from cutting wages the way they wanted to during a time of falling prices. (Gregg might say that in those days we were way too much like Europe.) In short, the way to create jobs is to get those lazy workers off the dole so that they can help lower wages across the economy. Only then will employers find it worth their while to hire more workers. Interesting theory, but it doesn’t apply to this planet. In fact, during a major economic crash — like the Great Depression and the current Great Recession — the last thing you want to do is reduce the income of working people and the unemployed. With less income, people spend less. And falling consumer demand is the pathway to double-dip recession. The net result: even more job loss and a continued downward spiral — less demand, fewer business sales, fewer jobs needed, lower tax revenues, more public sector layoffs… and down we go. Have Gregg and others forgotten that the Great Recession began on Wall Street? Do they really believe that coddled unemployed workers are to blame for our economy’s failure to produce sufficient jobs? (See the New York Times report, ” Black in Memphis Lose Decades of Economic Gain ” for a graphic picture of how money hungry banks have devastated whole communities, ) How can they be so blind? Actually, they are far from blind — they’re just covering their eyes. No one in power wants to face up to the enormity of the job crisis. And no one really has a plan to get us out of it. Everyone is praying that “the markets” – the gods who appear to rule our world — will recover and start spewing out the tens of millions of jobs we need. No one has the nerve to say that we’ll never get those jobs back — not until the government (either directly or through contractors) starts hiring people en masse to repair our physical and intellectual infrastructures. And of course no one has the nerve to point the finger at those who really are on the dole – to the tune of $900,000 an hour, in the case of our hedge fund elites. Or the Wall Street bonus babies who walked off with $150 billion last year as a direct result of our multi-trillion dollar bailouts. No, it’s a lot safer to beat up on the unemployed — no campaign contributions lost there. It’s time to square up to the jobs crisis. It won’t go away by itself. The key to solving the crisis? Move money from Wall Street to Main Street. The only argument we need to have is over how best to do it. Personally, I’m for massive government investment in renewable energy, conservation, and education (especially for dislocated workers). We could create a million weatherization jobs almost overnight if we had the guts to put a 50 percent windfall profits tax on Wall Street bonus babies and hedge fund billionaires. Not only would we get people back to work, but we’d have better insulated homes and offices, vastly reducing our dependence on oil. But no. Now that we’ve propped up Wall Street and shoveled out some stimulus money, we’re told that we’re broke. Deficit mania is setting in. So forget creating jobs. Besides, the mysterious and all-powerful “markets” won’t like it if government starts playing a more active role. They’ll jack up interest rates to punish any country that fails to cut government spending. The politicians are on their knees praying to the market gods and offering up sacrifices in the hopes that they can get through the next election cycle. Catering the whims of financial markets is madness. Are we living in a theocracy or a democracy? Do we have to grovel before the market gods? Or can we create a world where there is ample work and more harmony with our environment? Who decides? The wrathful gods of Wall Street? Or the people who actually work for a living — or would like to, if only they could find a job? Les Leopold is the author of The Looting of America: How Wall Street’s Game of Fantasy Finance destroyed our Jobs, Pensions and Prosperity, and What We Can Do About It Chelsea Green Publishing, June 2009.

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`Drill, Baby, Drill’ May Haunt Effort to Taint Obama

June 4, 2010

By Patrick O’Connor June 4 (Bloomberg) — Republicans’ embrace of offshore oil drilling and their skepticism of “big” government may hamper the party’s efforts to gain politically from President Barack Obama ’s handling of the disaster in the Gulf of Mexico. Mississippi Governor Haley Barbour , who heads the Republican Governors Association, has said the BP Plc oil spill that followed the April 20 explosion of a deepwater rig is no reason for the U.S. to abandon offshore oil and gas exploration. As oil washes ashore in Gulf Coast states, Louisiana Governor Bobby Jindal , also a Republican, sent a letter to Obama this week expressing “grave concerns” with the president’s decision to suspend activity at 33 deepwater rigs. “They’re kind of stuck because they’re the party of ’Drill, Baby, Drill,’” said David Lanoue , head of the political science department of the University of Alabama, referring to a Republican slogan during the 2008 presidential campaign. “If you’re an ambitious Republican governor, where do you go with this?” Jindal, a critic of the administration’s spill response and a possible 2012 presidential candidate, has stressed his belief in limited government. In a nationally televised response to an Obama speech to Congress on Feb. 24, 2009, Jindal said “the strength of America is not found in government.” Hurricane Katrina Noting that some then sought a government rescue “from the economic storms raging all around us,” he said “those of us who lived through Hurricane Katrina — we have our doubts.” Jindal, 38, refused about $98 million in unemployment aid that was part of Obama’s 2009 economic stimulus measure. In the current crisis, he has prodded federal officials to construct 128 miles of sand walls in the Gulf to stem the flow of oil seeping into wetlands. He won a concession this week when the government told him BP will pay for that construction. The first segment is expected to cost $45 million, Jindal said. Polls show Americans have grown frustrated with Obama as BP and its partners fail to stem the oil gushing into the Gulf. A CBS News survey released May 25 showed more Americans disapprove of Obama’s handling of the disaster than approve it. Some Republicans have said the spill will become Obama’s Hurricane Katrina, an enduring stigma that damages his presidency as much as the federal response to the 2005 Gulf Coast storm hurt then-President George W. Bush . ‘Extreme Environmentalists’ In a posting on Facebook , former vice-presidential candidate Sarah Palin blamed the disaster on “extreme environmentalists” and suggested that campaigns against onshore and near-shore drilling having driven oil companies to pursue deep-water wells. “Extreme deep water drilling is not the preferred choice to meet our country’s energy needs, but your protests and lawsuits and lies about onshore and shallow water drilling have locked up safer areas,” Palin said. As criticism mounted, Obama increased government scrutiny of BP and the other companies involved in the spill. The Justice Department announced plans this week to begin criminal and civil investigations. Obama, who made two inspection trips to the Gulf Coast last month, will again visit the region today. Barbour, Jindal and other Republicans are maintaining their support for offshore oil drilling for economic and ideological reasons. In his letter to Obama, Jindal said state officials estimate the administration’s suspension order for the 33 rigs will cause the loss of 3,000 to 6,000 Louisiana jobs in the next two to three weeks and as many as 20,000 if the moratorium persists. ‘Terrible Catastrophe’ Barbour, another possible 2012 presidential contender, said in a May 3 interview on CNN that the leak could become “a terrible catastrophe” if BP and the federal government couldn’t stop the flow. Still, he said, that was no reason to abandon offshore drilling in the Gulf that produces 30 percent of domestic oil and gas. “We’ve had a terrible accident,” said Barbour, 62. “We need to get to the bottom of it, but we don’t need to shut it down.” Republicans run a risk of looking too sympathetic to the oil industry, Lanoue said. “The public has decided that the villain here is BP,” he said. Republicans “don’t want to look like they’re carrying water for BP.” In Congress, Democrats have focused much of their attention on the spill’s financial consequences, pushing legislation to lift the $75 million ceiling on economic damages that companies must bear for such incidents. A measure to raise the cap to $10 billion was blocked May 14 by a Republican, Senator Lisa Murkowski of Alaska, who said she was concerned that such a limit would force smaller petroleum refiners out of the market. New Cap Republican Senators Jeff Sessions of Alabama and David Vitter of Louisiana are proposing tying a new cap to a company’s profits, a move they say would shield firms from going bankrupt. In Florida, where oil threatens state beaches, a Republican’s embrace of an activist federal agenda drove him from the party. Governor Charlie Crist , peppered with criticism in his bid for the Republican U.S. Senate nomination stemming from his support for Obama’s stimulus plan, decided in April to run for the office as an independent. Marco Rubio , the Republican Senate candidate who helped push Crist from the party, is acknowledging the federal government may need to take over the spill clean-up. “Priority number one has got to be focus on preventing this from getting worse,” Rubio told a Jacksonville audience on May 25, according to the Florida Times-Union. “If that means the federal government has to step in and take over than that’s what needs to happen.” To contact the reporter for this story: Patrick O’Connor in Washington at poconnor14@bloomberg.net

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`Drill, Baby, Drill’ May Haunt Republicans Seeking to Taint Obama on Spill

June 3, 2010

By Patrick O’Connor June 4 (Bloomberg) — Republicans’ embrace of offshore oil drilling and their skepticism of “big” government may hamper the party’s efforts to gain politically from President Barack Obama ’s handling of the disaster in the Gulf of Mexico. Mississippi Governor Haley Barbour , who heads the Republican Governors Association, has said the BP Plc oil spill that followed the April 20 explosion of a deepwater rig is no reason for the U.S. to abandon offshore oil and gas exploration. As oil washes ashore in Gulf Coast states, Louisiana Governor Bobby Jindal , also a Republican, sent a letter to Obama this week expressing “grave concerns” with the president’s decision to suspend activity at 33 deepwater rigs. “They’re kind of stuck because they’re the party of ’Drill, Baby, Drill,’” said David Lanoue , head of the political science department of the University of Alabama, referring to a Republican slogan during the 2008 presidential campaign. “If you’re an ambitious Republican governor, where do you go with this?” Jindal, a critic of the administration’s spill response and a possible 2012 presidential candidate, has stressed his belief in limited government. In a nationally televised response to an Obama speech to Congress on Feb. 24, 2009, Jindal said “the strength of America is not found in government.” Hurricane Katrina Noting that some then sought a government rescue “from the economic storms raging all around us,” he said “those of us who lived through Hurricane Katrina — we have our doubts.” Jindal, 38, refused about $98 million in unemployment aid that was part of Obama’s 2009 economic stimulus measure. In the current crisis, he has prodded federal officials to construct 128 miles of sand walls in the Gulf to stem the flow of oil seeping into wetlands. He won a concession this week when the government told him BP will pay for that construction. The first segment is expected to cost $45 million, Jindal said. Polls show Americans have grown frustrated with Obama as BP and its partners fail to stem the oil gushing into the Gulf. A CBS News survey released May 25 showed more Americans disapprove of Obama’s handling of the disaster than approve it. Some Republicans have said the spill will become Obama’s Hurricane Katrina, an enduring stigma that damages his presidency as much as the federal response to the 2005 Gulf Coast storm hurt then-President George W. Bush . Heightened Scrutiny As criticism mounted, Obama increased government scrutiny of BP and the other companies involved in the spill. The Justice Department announced plans this week to begin criminal and civil investigations. Obama, who made two inspection trips to the Gulf Coast last month, will again visit the region today. Barbour, Jindal and other Republicans are maintaining their support for offshore oil drilling for economic and ideological reasons. In his letter to Obama, Jindal said state officials estimate the administration’s suspension order for the 33 rigs will cause the loss of 3,000 to 6,000 Louisiana jobs in the next two to three weeks and as many as 20,000 if the moratorium persists. ‘Terrible Catastrophe’ Barbour, another possible 2012 presidential contender, said in a May 3 interview on CNN that the leak could become “a terrible catastrophe” if BP and the federal government couldn’t stop the flow. Still, he said, that was no reason to abandon offshore drilling in the Gulf that produces 30 percent of domestic oil and gas. “We’ve had a terrible accident,” said Barbour, 62. “We need to get to the bottom of it, but we don’t need to shut it down.” Republicans run a risk of looking too sympathetic to the oil industry, Lanoue said. “The public has decided that the villain here is BP,” he said. Republicans “don’t want to look like they’re carrying water for BP.” In Congress, Democrats have focused much of their attention on the spill’s financial consequences, pushing legislation to lift the $75 million ceiling on economic damages that companies must bear for such incidents. A measure to raise the cap to $10 billion was blocked May 14 by a Republican, Senator Lisa Murkowski of Alaska, who said she was concerned that such a limit would force smaller petroleum refiners out of the market. Republican Senators Jeff Sessions of Alabama and David Vitter of Louisiana are proposing tying a new cap to a company’s profits, a move they say would shield firms from going bankrupt. Crist, Rubio In Florida, where oil threatens state beaches, a Republican’s embrace of an activist federal agenda drove him from the party. Governor Charlie Crist , peppered with criticism in his bid for the Republican U.S. Senate nomination stemming from his support for Obama’s stimulus plan, decided in April to run for the office as an independent. Marco Rubio , the Republican Senate candidate who helped push Crist from the party, is acknowledging the federal government may need to take over the spill clean-up. “Priority number one has got to be focus on preventing this from getting worse,” Rubio told a Jacksonville audience on May 25, according to the Florida Times-Union. “If that means the federal government has to step in and take over than that’s what needs to happen.” To contact the reporter for this story: Patrick O’Connor in Washington at poconnor14@bloomberg.net

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U.S. Now Telling BP What to Do as Company Seeks to Stem Oil Spill

June 1, 2010

By Steve Geimann and Carol Wolf May 30 (Bloomberg) — BP Plc said it will seek to contain a majority of oil gushing from its Gulf of Mexico well with a new tactic to plug the leak as a White House adviser said the U.S. is now telling the company “what to do.” The company encountered “too much flow” and the “top kill” using 30,000 barrels of mud was abandoned in favor of placing a cap over the well, Managing Director Robert Dudley said today on CNN’s “State of the Union” program. “We believe we will get a majority of the oil and gas,” Dudley said. U.S. engineers, led by Energy Secretary Steven Chu , yesterday told BP of “grave concerns” about drilling mud, and the company halted the process, White House energy and climate adviser Carol Browner said on CBS’s “Face the Nation” broadcast. “At the end of the day, the government tells BP what to do,” Browner said on NBC’s “Meet the Press.” BP had put the chances of the top kill succeeding at 60 percent to 70 percent. The company made three attempts before giving up last night. “We failed to wrestle this beast to the ground,” Dudley said on “Fox News Sunday.” Containment has “no certainty” of success, he said on Fox. “The percentages are better” than forcing mud into the well, he said. Chu met BP engineers yesterday and told them “it was too dangerous” to continue forcing mud into the well, Browner said on CBS’s “Face the Nation” broadcast. After the scientists met and “we told them of our very, very grave concerns,” the company abandoned the process, Browner said. 4 to 7 Days BP didn’t provide an estimate of when the flow might be stopped with the new method. Installing the cap should take about four to seven days, and after that the company will begin installing a new blowout preventer, a series of valves designed to cut off the flow from the well, Doug Suttles , chief operating officer of BP America Inc., said yesterday. BP’s failure using drilling mud was “enormously frustrating and really maddening” while the federal response to protect the coast is failing, Senator David Vitter , a Louisiana Republican, said on CNN. The federal government needs to accelerate delivery of containment booms and start emergency dredging of barrier islands to block oil from reaching coastal marshes, Vitter said. A plan proposed by state and local officials two weeks ago has been approved by the Army Corps of Engineers, though only for about 2 percent of the plan, Vitter said. “That’s really the federal response to oversee and lead that effort to protect the coast and the marsh,” he said. “It has been a failure so far.” Louisiana Sand Booms Louisiana Governor Bobby Jindal , who with Vitter met President Barack Obama on May 28, said the U.S. should require BP to pay the costs to build 40 miles of sand boom protecting his state’s wetlands from oil. “The federal government shouldn’t be making excuses for BP,” said Jindal on ABC’s “This Week” broadcast. “This is their spill, their oil. They’re the responsible party. Make them responsible.” Representative Edward Markey , a Massachusetts Democrat, today endorsed a suggestion by House Speaker Nancy Pelosi made on Bloomberg Television’s “Political Capital With Al Hunt” to lift the financial liability limit for oil companies such as BP. “I do not believe that large energy companies should be able to escape having unlimited liability for the catastrophes which they create,” Markey said on CBS. “If the oil industry wants to drill in ultra-deep waters, we need ultra-safe technologies as well.” Lower-Marine Riser In the Gulf, BP has started deploying a containment device known as a lower-marine riser package cap . The cap will attach to the top of the well’s existing blowout preventer and will then funnel oil and gas into a pipe that extends to a ship on the surface, Suttles said. After the attachment of the lower-marine riser package cap, BP plans to install the new blowout preventer on top of the existing one, Suttles said. BP will then try to use the valves on the new blowout preventer to stop the flow. “We’re still looking at a month before we get this thing killed,” Les Ply, a retired mud engineering consultant for the oil industry, said yesterday in a telephone interview. “I think we’re looking at a week to 10 days to get this riser and cap in place.” The new method, if successful, would stop the leak long enough for a so-called relief well to be drilled nearby and provide a permanent seal. ‘Enormous Mistakes’ BP has made “enormous mistakes and probably cut corners,” leading up to the April 20 explosion on the Deepwater Horizon drilling platform, Vitter said. “There were some horrible things that went wrong and it seems like horrible decisions that led to the initial event,” he said. Dudley, in response to a question on “Fox News Sunday” about cutting corners, said “I don’t believe they did” and that the company used well and drilling designs adopted by other companies. “What’s happened out in the Gulf today is something that is an industry issue to understand this failsafe use of equipment,” Dudley said. “It’s going to have implications for the drilling industry not in the U.S. only, but all around the world. Everyone’s going to step back and learn from this.” To contact the reporter on this story: Steve Geimann in Washington at sgeimann@bloomberg.net

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Obama Faces a `No-Win’ Dilemma in Decision to Take Ownership of Oil Spill

May 28, 2010

By Edwin Chen May 28 (Bloomberg) — By claiming ownership of the Gulf of Mexico oil spill, President Barack Obama may stem criticism that he hasn’t been sufficiently engaged. Avoiding political fallout from what may become the nation’s worst environmental disaster will be more difficult. “It really is a no-win situation,” said Democratic strategist Mike McCurry , who served as former President Bill Clinton ’s spokesman. “The consequences environmentally could be dreadful and last for a long, long time.” And while Obama vowed that BP Plc would “pay every dime they owe for the damage,” the consequences from an ecological catastrophe could also ripple through the economy. In an hour-long White House news conference, Obama yesterday defended his actions so far, saying he and his administration made the spill “our highest priority” immediately after BP’s oil rig caught on fire on April 20 and collapsed. “I had my team in the Oval Office that first day,” Obama said. “Those who think that we were either slow on our response or lacked urgency don’t know the facts.” Obama said it’s his job to “get this fixed,” adding, “I take responsibility.” He suspended oil exploration in two areas off Alaska; canceled pending lease sales in the Gulf of Mexico and those that were proposed off Virginia’s coast; extended by six months a moratorium on deepwater drilling permits, and suspended operations at all 33 exploratory wells being drilled in the Gulf of Mexico. ‘Federalize’ the Response He is scheduled to travel today to the Gulf region for his second visit to Louisiana since the disaster began. Obama will view some of the damage and attend a Coast Guard briefing. He may encounter pressure from local residents who have joined environmental groups in urging the president to “federalize” the response to the disaster, including using the military to help with the cleanup. He has a way to go in reassuring the American public. In a USA Today/ Gallup Poll , 53 percent of Americans said Obama has done a “poor” or “very poor” job handling the spill, compared with 43 percent who said he’s done a “very good” or “good” job. The poll of 1,049 adults was taken May 24-25 and has a margin of error of plus or minus 4 percentage points. Republicans stepped up their attacks. “The president under the law has a responsibility to act,” said House Republican Leader John Boehner of Ohio. It’s “clear the president has failed in his obligations to the American people to uphold the law.” Bound by Law Tennessee Senator Lamar Alexander , who heads the Senate Republican Conference, cited the 1990 Oil Pollution Act , which he said requires presidents to ensure sufficient personnel and equipment are available to clean up oil spills. “What was the president’s cleanup plan and where were the personnel and equipment necessary to implement that plan?” Alexander said in a C-Span interview. Other Republicans such as strategist Karl Rove sought to draw parallels between Obama’s response and that of former President George W. Bush after Hurricane Katrina devastated the Gulf Coast in 2005. The White House and Democratic allies rejected the comparison. And Representative Eliot Engel , a Democrat from New York, said Obama was likely mindful of that criticism when he faced the press yesterday. Fending Off Enemies The president “probably wanted to just catch up with it and say, ‘Look, I take full responsibility,’ because otherwise his political enemies are attacking him for not doing anything,” Engel said. Representative Jay Inslee , a Washington Democrat, warned of the political peril ahead for the president. “Once you have a massive blowout, there’s no good solution,” he said. “It doesn’t matter who’s president. And that’s a hard thing for people to accept.” For now, the president’s political standing, and the damage to the Gulf, may depend largely on BP’s ability to stop the leak. BP has made progress, the Coast Guard said yesterday, as a federal panel issued a new estimate indicating the oil spill has become the largest in U.S. history. The effort to block the well bore with mud, a procedure called “top kill” began May 26. ‘Top Kill’ “If top kill works, we will probably see today as a turning point that will probably staunch Obama’s decline in public-approval ratings on his handling of this,” said Tom Mann , an analyst at the Brookings Institution in Washington. “It would allow the government to get involved in something they have some control over, namely the cleanup,” he said. McCurry agreed. “The important thing is to have some kind of action plan moving forward and have an accountable voice from the administration,” he said. As a result of Obama’s appearance yesterday, McCurry said, “I think people will be saying: ‘You know, it looks like Obama is doing everything he can do.’ But it sure would help them if BP got this thing capped.” To contact the reporter on this story: Edwin Chen in Washington at Echen32@bloomberg.net

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Bruce Shore, Unemployed Philadelphia Man, Indicted For ‘Harassing Email’ To Jim Bunning

May 25, 2010

When Sen. Jim Bunning complained on the Senate floor in February that he’d missed the Kentucky-South Carolina basketball game because of a debate on unemployment benefits — a debate the Kentucky Republican himself prevented from proceeding to a vote — Bruce Shore got angry. “I was livid. I was just livid,” said Shore, 51, who watched the floor proceedings on C-SPAN from his home in Philadelphia. “I’m on unemployment, so it affects me. I’m in shock.” Instead of just being angry, Shore took action: He sent several emails to Bunning staffers, blasting the senator for blocking the benefits. “ARE you’all insane,” said part of one letter Shore sent on Feb. 26 (which he shared with HuffPost). “NO checks equal no food for me. DO YOU GET IT??” In that letter he signed off as “Brad Shore” from Louisville. He said he did the same thing in several messages sent via the contact form on Bunning’s website. “My assumption was that if he gets an email from Philadelphia, who cares?” he said. “Why would he even care if a guy from Philadelphia gets upset?” Bunning might not have cared, but the FBI did. Sometime in March, said Shore, agents came calling to ask about the emails. They read from printouts and asked if Shore was the author, which he readily admitted. They asked a few questions, and then, according to Shore, they said, “All right, we just wanted to make sure it wasn’t anything to worry about.” But on March 13, U.S. Marshals showed up at Shore’s house with a grand jury indictment. Now he’s got to appear in federal court in Covington, Ky. on May 28 to answer for felony email harassment. Specifically, the indictment ( PDF ) says that on Feb. 26, Shore “did utilize a telecommunications device, that is a computer, whether or not communication ensued, without disclosing his identity and with the intent to annoy, abuse, threaten, and harass any person who received the communication.” The language of Shore’s indictment is taken directly from the statute — there’s no description of the actual crime. The Kentucky U.S. Attorney’s Office declined to comment, but said it’s a typical indictment. The crime carries a penalty of up to two years in prison and a $250,000 maximum fine. Shore swears he didn’t intend to make a threat. He thought sending angry letters to Congress was a First Amendment thing. “If I send 50 letters to Congress, is that illegal or is it just me wasting paper?” Harvey Silverglate, a prominent civil liberties lawyer and the author of “Three Felonies a Day : How the Feds Target the Innocent”, has long argued that vague laws allow the federal government to prosecute citizens for things most people wouldn’t consider crimes. (The message of his book’s title is that the average person unintentionally commits three felonies a day. “Half of the anonymous Internet comments would” be illegal according to the statute used against Shore, said Silverglate.) “If nothing else the U.S Attorney has managed to harass a defendant. Now we have to find out if the defendant managed to harass anybody,” said Silverglate, who looked at Shore’s indictment. “When finally the government is forced by a judge’s order to specify what the criminal harassment consisted of, if in fact the words used are quite innocuous and don’t by any standard rise to the level of a real threat, it’s going to be an example of exactly what my complaint is about.” Bunning’s office is not involved in the prosecution. A staffer said the office received lots of email over the unemployment issue and turned some over to the Capitol Police. It’s up to the Capitol Police whether to involve federal or local law enforcement, and up to those agencies to pursue a case. Shore said he’s been unemployed for the past two years since losing his job as an office manager. He recently received his final unemployment check, joining the ranks of 35,200 Pennsylvanians and hundreds of thousands of Americans who’ve exhausted all their benefits . He said he used a credit card to book a hotel room in Covington for Friday. He’s particularly alarmed because he’s already got a criminal record: In 1995, he and his girlfriend pleaded guilty to 35 burglaries in Bucks County, Pa. The Philadelphia Daily News dubbed them “Bonnie & Clyde”: “Their last embrace came in their Northeast Philadelphia apartment. Cops with a warrant did some breaking in of their own and caught the couple, well, coupling — surrounded by half the booty they’d burgled.” Shore said he got out of prison in 1999 and his lived since then with his mother, who is 81. He’s afraid his email indiscretion will wipe out his progress, which includes community college and classes at Temple University, where in 2004 he was on a team that won a $2,000 prize in an IT excellence competition . “I’m walking around in my head: jail for email, jail for email,” he said. “At this point I’m just looking at my government and going, anything is possible. When do the adults wake up and say, ‘This gentleman is just angry and frustrated?’ I’m just speechless. Shocked. I probably dropped 10 pounds in a week. To think you turn your life around, you don’t do anything wrong after you make a mistake when you were younger…”

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Frank to Lead Talks on Wall Street Overhaul, Sees Flaw in Senate on Swaps

May 25, 2010

By Alison Vekshin May 25 (Bloomberg) — U.S. Representative Barney Frank , who will lead congressional talks to produce a financial-regulation bill, said Senate language that would require commercial banks to wall off their swaps-trading operations “goes too far.” Frank’s comments today at a conference in Washington are the latest indication that the contentious swaps-desk provision may not survive final negotiations over the legislation. A separate measure in the Senate bill that would restrict banks’ proprietary trading — the so-called Volcker rule named for former Federal Reserve Chairman Paul Volcker — may address concerns targeted by Senator Blanche Lincoln’s swaps-desk plan, Frank said. “I don’t see the need for a separate rule regarding derivatives, because the restriction on banks engaging in proprietary activity would apply to derivatives,” said Frank, who leads the House Financial Services Committee. Banks should be able to use derivatives to hedge risks for themselves and their customers, Frank said. The Massachusetts Democrat will lead a bipartisan panel of lawmakers assigned to merge the House and Senate versions of legislation that will overhaul rules governing Wall Street. The House approved its version of the bill in December and the Senate approved its measure last week. Legislators must resolve the plans’ different approaches to regulating derivatives, financial instruments based on the value of another security or benchmarks such as stock options. The rule requiring banks to push out their swaps desks, which Lincoln said was necessary to rein in banks’ risk-taking, has drawn opposition from the banking industry and government officials including Volcker, who now serves as an adviser to President Barack Obama . Bernanke Opposed Fed Chairman Ben S. Bernanke and Federal Deposit Insurance Corp. Chairman Sheila Bair also oppose the Lincoln swaps-desk language. A group of U.S. House Democrats is considering ways to strip the swaps-desk measure from the bill. Representative Gary Ackerman , a New York Democrat on the House Financial Services Committee, had his staff circulate a draft letter yesterday to House members seeking their opposition. The Senate today named 12 negotiators, including Lincoln, the Arkansas Democrat who leads the Senate Agriculture Committee, to work with Frank and other House counterparts to narrow differences between the two bills. Staff for Frank and Senate Banking Committee Chairman Christopher Dodd , another negotiator who wrote the Senate bill, will meet this week and next to look for areas of compromise. Negotiators plan to begin official meetings in two weeks. Frank and Dodd have said they want to get a merged bill to Obama by July 4. To contact the reporter on this story: Alison Vekshin in Washington at avekshin@bloomberg.net .

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Bill Singer: Wall Street Blackjack Player Busts, Busted, and Barred

May 25, 2010

They do quite a bit of surveillance at most casinos. Frankly, those paid to watch the games of chance do a better job than those paid to watch our stock markets. Take this recent case. Blackjack Players Go Bust And Get Busted On September 20, 2008, five blackjack players and the dealer at a blackjack table at the Mohegan Sun Casino in Uncasville, Connecticut were under in-house surveillance that allegedly caught them cheating. The six suspects were arrested and initially charged with committing a sixth-degree larceny on September 20, 2008. However, sometimes things are not what they seem. All charges against four of the players were dropped. As with most games of chance, you place your bet, you take your chances. Alas, Lady Luck did not smile upon two of the six blackjack suspects. In October 2008, Rory Shaffer, the 28-year-old blackjack dealer, and 21-year-old Samuel M. Pierce, one of the five arrested players, were charged in Connecticut’s Norwich Superior Court with first degree larceny, cheating while gambling, and conspiracy to commit first degree larceny. Allegedly, Pierce and Shaffer engaged in a scheme to steal $16,000 from a casino whereby Pierce was allowed to keep chips that he bet on losing hands. Notwithstanding the charges, Shaffer and Pierce are presumed innocent until and unless proven guilty in a court of law. Wall Street’s High Standards and Principles In 2007, Pierce apparently started a Wall Street career when he became an Associated Person, which is typically an unregistered Wall Street employee who is generally excluded from dealing with the investing public other than in a clerical or administrative capacity. From July 24, 2008, through January 19, 2009, Pierce was an Associated Person with FINRA member firm Citigroup Global Markets, Inc. The Financial Industry Regulatory Authority (FINRA) is one of the many cops that are supposed to patrol Wall Street. Neither a federal nor state governmental agency, FINRA is what is referred to as a self-regulatory organization (SRO). The concept of an SRO is that a working partnership between the regulator and the regulated should prove invaluable and a potent means to combat Wall Street fraud. In theory, an SRO is an intriguing idea – after all, who knows more about the shenanigans in a given industry than the folks in that industry? Ah, but there is always that old hang-up: in theory things should work; in reality , well, not always. See this for some context: FINRA’s Dubious Madoff Report http://www.brokeandbroker.com/index.php?a=blog&id=250; and FINRA Strikes Out http://www.forbes.com/2009/08/21/singer-regulation-commentary-intelligent-investing-finra.html Having missed out on timely nailing some of the great fraudsters in recent Wall Street history, FINRA now seems to be trying to make up for lost time, and, perhaps, trying to manufacture some feel-good publicity. When Pierce allegedly got nabbed at the Mohegan Sun Casino, FINRA had this rule (from its predecessor the National Association of Securities Dealers or “NASD”) that stated: NASD Conduct Rule 2110: Standards of Commercial Honor and Principles of Trade : A member, in the conduct of his business, shall observe high standards of commercial honor and just and equitable principles of trade. Too often, prosecutors or regulators haul out some rubbery, pliable, stretchy bit of prohibitions and restrictions that they claim covers a whole host of sins, real or imagined. We lawyers have a term for that type of regulation; we call it an Elastic Clause . It’s not a term of endearment. Rule 2110 is just such an example. I mean, seriously — what the hell are “high standards of commercial honor” and “just and equitable principles of trade” when it comes to something as tawdry as Wall Street? The House of Cards Collapses Not prepared to tolerate a dastardly, hardcore card-shark in its midst, FINRA pursued Pierce for violating Rule 2110. Pursuant to a FINRA Letter of Acceptance, Waiver and Consent (“AWC”) (AWC #2008015405101, March 9, 2010) Pierce offered to settle the regulatory case against him, without admitting or denying the findings. Notably, only the alleged blackjack scheme is referenced by FINRA; there is not a single reference to any alleged criminal charge, plea, or final disposition as providing the basis for jurisdiction. Frankly, that’s what caught my eye about this case. FINRA was going after this kid not based upon any criminal conviction (there is none) but simply because he allegedly rigged a blackjack game. I’m not suggesting that Pierce should be permitted to remain in the industry or that he is (or isn’t) a reputable character. The facts are what they are and you are welcome to draw your own inferences and conclusions. Moreover, in FINRA’s defense, this is a matter that Pierce agreed to settle with a bar. Consequently, FINRA agreed to the imposition of a Bar upon Pierce from association with any member in any capacity. Pierce is not presently associated with any FINRA firm and has no other disciplinary history beyond the matter at issue. Accelerated Rehabilitation Pierce’s attorney, David T. Grudberg, of Jacobs, Grudberg, Belt, Dow & Katz, P.C. of New Haven, Ct. advised me that Pierce was presently participating in Connecticut’s pretrial program for accelerated rehabilitation (“AR”). AR gives certain first-time offenders probation for up to two years, during which time the criminal prosecution is suspended. If the defendant satisfactorily completes the probationary period he may then apply to the court for dismissal of the charges against him. For a detailed analysis of AR , visit this link http://www.jacobslaw.com/CM/CriminalDefensePractice/PretrialDiversionPrograms.asp As matters presently stand, Pierce has not admitted to any criminal conduct and the State has not proven any criminal conduct. Accordingly, Pierce continues to be entitled to the presumption of innocence. Further, all charges against Pierce will likely be dismissed if he complies with the terms of the AR. As a matter of law, in two years, his arrest and the charges against him may well be rendered non-events. Bill Singer’s Comment : In taking its bows for Pierce, FINRA might ask us to imagine all the damage that this unregistered 21-year-old alleged card cheat could have done to the unsuspecting investing public. Unfortunately for FINRA’s what-if scenario, Pierce wasn’t registered and probably wasn’t dealing directly with investors. Oh well, minor detail. Compare this case with FINRA’s rather tepid responses to the misdeeds of Bernie Madoff and Sir Allen Stanford. FINRA certainly nipped those major frauds in the bud – okay, maybe not in the bud, maybe whatever a bud becomes after a decade or so and far too many defrauded investors have lost millions of dollars. Is FINRA presently preparing to bar all those fine, upstanding Wall Street execs who bid against the very products that they sold to the public — you know, keeping in mind all that high fallutin’ stuff about commercial honor and equitable principles of trade? What about all those former SEC employees who were terminated for viewing pornography during the workday? If any of those folks apply for work on Wall Street, will FINRA move to bar them? If former Governor Spitzer, or former Senator Edwards, or former Representative Fosella, or sitting Governor Sanford, or sitting Senator Ensign, or sitting Senator Vitter apply for jobs on Wall Street, have their past extramarital actions run afoul of FINRA’s high standards of commercial honor and just and equitable principles of trade? And just what is FINRA’s ethical interpretation about sitting Attorney General Blumenthal’s misstatement about his Vietnam service? Essentially, Pierce is barred for having allegedly cheated while placing a legal bet on a legal card game at a legal casino. How about all those Wall Streeters who place illegal bets in their offices in violation of state and federal anti-gambling laws? What am I talking about? How about all those industry folks who illegally gamble on the office NCAA March Madness or NFL Super Bowl pools? Does that fall under FINRA’s arch concern about honor and and equity? As you may have inferred, some of this is all too sanctimonious for me. The last thing that Wall Street now needs are more hypocritical double-standards. Of course, there is that other interesting question: How much FINRA staff time was diverted and how many regulatory dollars were spent going after young card-shark Pierce — and what about the more serious securities fraudsters who continue to savage the investing public while such a dubious regulatory effort proceeds? I don’t know about you, but I’m sleeping much better at night knowing that Wall Street is being swept clean of allegedly crooked casino gamblers. If only we could get those who police the nation’s casinos to teach those who police Wall Street’s how better to surveil and regulate their own turf.

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Gary Hart: A Challenge to "The System"

May 24, 2010

It is universally acknowledged that the United States is a capitalist economic system embedded in a democratic republic political system. When both systems function smoothly, few question this arrangement. But when one system or the other malfunctions, fingers are pointed and blamed is shifted… all according to one’s ideological beliefs. Take the British Petroleum/Gulf of Mexico oil spill for instance. The people of Louisiana and the vehicle drivers of the nation were happy to have the oil the offshore facilities produced. Jobs were created in Louisiana and the rest of us had gas for our cars. Both assumed the operator, British Petroleum, knew what it was doing and that the appropriate agencies of the U.S. government were regulating its behavior. Problems arose, however, when BP’s “fail-safe” system failed . Turns out it didn’t know what it was doing. And regulators in both the Bush and Obama administrations weren’t paying enough attention. Now the “free market” disciples are blaming the government, and the critics of corporate excess are blaming BP. The purpose here is not to join one side or the other (though both entities and both systems failed), but rather to encourage both warring sides to consider a new model. Anyone who takes the trouble to read American history knows that, left to its own devices, corporate interest more often than not puts profits ahead of the public interest. (Consider not only British Petroleum, but also the operators of the West Virginia coal mine.) Likewise, the same history tells us that, when government relaxes its protection of the public interest and the common good, whether out of lassitude or belief that government should not reign in excessive corporate excess, bad things happen. A mature society, one that understood both history and human nature, would reach a thoughtful balance that permits private corporate interests to drive economic growth, and make a reasonable profit, under conditions where the public interest, the common good, and the interests of future generations and nature were represented by well-trained, alert, dedicated, disinterested (that is to say, not regulators drawn from the industries they are sworn to regulate), and knowledgeable government officials made fail safe systems work. This is not an impossible dream. It is how reasonable people behave. It is how a mature nation, which the United States of America should be by now, acts. It is the very least the people of the United States should expect from both corporate interests and their own government. To comment, please visit Senator Hart’s blog at http://www.mattersofprinciple.com .

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