Occupy Washington

Emboldened by the U.S. Supreme Court, big corporations have been busy exercising their newly granted First Amendment rights. Now a growing number of Americans are exercising theirs, assembling in cities throughout the nation to protest the bailouts, budget cuts and other artifacts of the Wall Street financial debacle three years ago this month.

Americans are notoriously slow to rouse, even when they are hurting. And we are certainly hurting: nine percent of Americans are “officially” unemployed; count those who have given up looking or have taken jobs far beneath their skill and ability, and one in five are struggling to stay afloat. Those fortunate enough to hang on to their jobs have to worry about the cost of health insurance, gas and groceries. 81% of Americans say the country is on the wrong track. The other twenty percent are presumably among those who lay claim to most of the wealth of our country.

Eighteen days ago, a few hundred citizens rallied in New York City, inspired by a call to “Occupy Wall Street” proposed by a magazine article. At first, the protestors – largely young people - got a snide blow-off from the New York Times. But thanks in part to some gratuitous pepper spray from the police, media coverage grew along with the protestors’ numbers. Last weekend, thousands marched in New York, while citizens in Los Angeles, Chicago, St. Louis, Philadelphia, Denver, Madison, Atlanta and Boston have turned out. The list is growing. Participants defy categorization or caricature: they come from all walks of life, all age groups, all ideologies. All share the view that the country has run off the rails.

Europeans have been protesting for months, their economies suffering severe collateral damage from the economic contagion unleashed by the Great Recession here at home. In Iran, Egypt and other Middle East nations, anger at poverty and political oppression boiled over earlier this year; dictators were overthrown.

But until now, most Americans have occupied nothing more than their living rooms – odd, since America’s own citizen revolution has been the beacon of democracy for the rest of the world. Many no doubt are simply too busy and too tired: two wage earner families, with some parents holding two jobs each. Some have lost so much confidence in government and in themselves that their sense of powerlessness has led to personal paralysis. No one can challenge the decision to stay home.

But the choice to stand in protest is the one singular act of political power left to the silent majority of the American people. A radical United States Supreme Court has concluded that corporate donations to politicians – a.k.a. bribery – are a form of “expression” that is protected by the First Amendment. The multinational conglomerates have used their vast wealth to seize control of our country. This has to change, and it has to be done by an amendment to the U.S. Constitution specifying that the right to support candidates and causes in elections belongs only to human beings - you can start the process right here. In the meantime, powerful as they are, corporations cannot march down our streets. Only human beings can do that.

Inevitably, the defenders of the intolerable status quo try to brand protests and protestors as insubordinate. They know that a citizenry, aroused, is a fearsome force. In recent days, as more Americans stand up to denounce the virulently destructive disparity in incomes and opportunities between the corporate elites and everyone else, the corporate hacks on Capitol Hill and the talk radio commentariat indicted the discussion as “class warfare.” Apparently that’s impermissible in our democracy because it challenges the core concept that “we the people” rule, and “we” is supposed to mean all of us. That’s precisely what’s at stake, of course, and the people demanding that it be addressed are nothing short of patriots.

Warren Buffet, the world’s second richest person according to Forbes, told CNN last week: “Actually, there’s been class warfare going on for the last 20 years, and my class has won.”

As we reported back in 2009, Wall Street has occupied Washington for too long. Now it’s up to us to take it back.

 

Harvey Column - 10/04/2011

Party Like Its 1999

Today’s Census Bureau report on 2010 paints an unvarnished picture of the economic state of the union, and it’s not pretty.

The report confirms the damage done by the Wall Street debacle in 2008. The median income of American households fell by 6.4% from 2007. The median household income is 7.1% lower than it was at its peak, which occurred twelve years ago –in 1999. When you hear people talk about the “Lost Decade,” that’s what they mean.

The number of Americans in poverty jumped to 15.1% in 2010. A total of 46.2 million Americans were in poverty. That’s about 1 in every 6. The poverty rate grew almost 3 million from 2009, when 43.6 million, or 14.3 percent of Americans, were in poverty. The 2010 poverty level is the highest since 1983. More Americans are in poverty today than there were in 1959; but at least the rate has declined from around 23% in 1959.

But even these frightening statistics do not tell the whole story. Buried in the data was the fact that nearly a quarter of American families experienced “a poverty spell” lasting two or more months during 2009.

One measure of America has always been its promise of a better life for each succeeding generation. That principle is endangered too, the report shows. Twenty-two percent of Americans under 18 years old are in poverty. And the number of 25 to 34 year olds living with their parents rose 25% between 2007 and 2011.

Finally, the report contains some interesting demographic data pertinent to the politics of health care reform. Since 1987, the total number of Americans without health insurance has increased 40% - but remains at roughly 16% of the nation. Most Americans still get their health coverage from employers, but that number has dropped to 53% from about 65% in the late 1990s. A third of Americans are covered by government programs – a roughly 30% increase from 1987.

For people who feel like America is headed in the wrong direction, these numbers agree.

Harvey Column / Outrage - 09/13/2011

Republic Gone Bananas

It wasn’t the sight of members of Congress fleeing the Capitol building last week after the debt ceiling debacle that startled me. It was the policeman armed with an M16 combat rifle outside the House of Representatives, guarding them.

 

The New York Times piece never mentioned the cop. Nor did the caption on the photo by Stephen Crowley. Only one of the hundreds of people who commented on the story online mentioned the unknown officer.

But that was the real story to me.

Yes, the debt ceiling got raised – that was never seriously in doubt, because the financial consequences of default would have been devastating even for the Tea Partiers…. especially for the Tea Partiers. Slightly more interesting was the question of whether the president and the Dems would negotiate their way out of the paper bag the Tea Party people had put them in. (Nope.)

It was the heavily armed Capitol policeman that summarized for me all that has happened to this country over the last decade as we slid into a stinking pool of fear, anger and greed so at odds with our heroic journey. To see that kind of weaponry at the greatest living monument to democracy seemed undeniably to question it.

Maybe some members of Congress have concluded that they need more guns to ward off a nut job like the one who opened fire on Congresswoman Gabrielle Giffords and passers-by in Tuscon last January. But a machine gun on the steps of the Capitol building seems like way more firepower than necessary to stop a lone assassin.

It reminded me of the images we have come to expect from banana republics where the corrupt leaders treat themselves like royalty, insulated from the struggling populace by security men wielding polished pistols or machine guns.

When I lived and worked in Washington in the Seventies, the Kennedy and King assassinations were only a few years old and the wounds were still raw.

 

 

 

Shockingly, President Reagan was shot at the Hilton up on Connecticut Avenue, just after taking office in 1981. But no one – least of all Reagan, who deeply understood the power of imagery and symbolism – would have permitted the conduct of lunatics to steal our freedom and trap us in a mental state of siege.

Or is it simply that the moment has come when the rulers must protect themselves from the ruled?

Congress / Harvey Column - 08/08/2011

The American Flag Deficit Reduction Program

The US deficit is estimated at $1.5 trillion. In Washington, the debate is between raising taxes or cutting spending. Neither is necessary, if we take advantage of America’s greatest asset, the Star Spangled Banner.

In dire straits after the Wall Street debacle, many governments across the United States and throughout the world are being pressed to sell public assets – buildings, utilities, trains, even highways. Just last year, Governor Action Hero tried to sell off California courthouses and other historical landmarks to a private consortium for $2.33 billion. Naming rights on sports stadiums and convention centers have always been a revenue strategy for municipalities and closely associated private firms like Anschutz Entertainment Group, which wants to build a football stadium in downtown Los Angeles. In addition to seeking tax breaks from the city, the firm has already sold the stadium's naming rights to Farmers Insurance for $700 million.

Why not rent some or all of Old Glory on a daily basis to pay off the debt we have racked up to bail out Wall Street?

Here’s the math.

There are fifty stars on the flag (each one added when a state entered the Union). So if those stars were to be made “available” on a daily basis, there would be at least 18,250 “opportunities” every year (50 x 365).

Divide the deficit by 18,250, and we could eliminate the federal debt in one year if each star were offered up at the price of $82 million ($82,191,780.08, to be exact).

Sure, that’s hefty price, you might say. Who would pay it?

Answer: the folks who got America into this mess in the first place.

So let’s say J.P. Morgan Chase wanted the highly prestigious opportunity to occupy the entire flag for one day each year. Here’s what that might look like:

As a special inducement to pay $4 billion, companies that agreed to take the entire flag for a day could also be given the right to put some text on one of the stripes. It could be the company's most important message:

Or anything its CEO might desire:

Some may object that it is inappropriate to put the American Flag in the hands of big corporations.  First of all, like the United States Supreme Court said in its Citizens United decision applying freedom of expression to corporations, all Americans will have equal freedom to buy access to the flag for $82 million per star. Corporations are Americans, too. Second, these companies own the United States anyhow, so what’s the biggie?

What about foreign countries? Should we rent the Stars and Stripes to our trading partners, the Chinese? If so, should we require them to write in English, or should we allow them to use Chinese characters?

That’s a tough question, and like all decisions concerning the American Flag Deficit Reduction Program, should be decided by the United States Congress.

Which, by the way, has a spectacular building in a prime location that would be highly attractive to certain firms. Consider this on the East Face of the Capitol Building:

"Congress. Brought to you today by Goldman Sachs."

Just think about it.

Financial Crisis / Harvey Column / Privatization - 07/07/2011

Fill In the Blanks

A New Yorker story published online this morning describes yet another example of a financial debacle abetted by government corruption. As I read the first paragraph, it struck me that the basic plot is always the same – all you need to do is fill in the blanks:

In the spring of _______, as the reelection campaign of ______ was gathering momentum, a group of prominent _____ businessmen met for breakfast at the ________ to see the candidate. Among them was _____, the chief executive officer of _____, a fast and freewheeling financial institution that had brought together some of the most colorful and politically well-connected _____ in the country….

Last week’s final report of the Financial Crisis Inquiry Commission explains in intricate detail why and how the U.S. economy imploded in 2008, but isolates no single, primary cause of the crisis. The Commission says that the crisis was “avoidable” and notes that “widespread failures in financial regulation and supervision proved devastating to the stability of the nation’s financial markets,” but this is just one Commission conclusion of many. As Joe Nocera points out, the report never gets to the bottom line.

Our report, “Sold Out: How Wall Street and Washington Betrayed America,” published in March 2009, got right to the bottom line in its title. We didn't need subpoena power or a large staff to figure out what happened, just the willingness to say what everybody in the Wall Street/Washington axis of power already knew. Between 1998 and 2008, Wall Street invested $5 billion in Washington, a combination of money for lobbying and campaign contributions that won deregulation and other policy decisions that enabled the financial industry to do as it pleased. The ensuing orgy of unbridled speculation, based on "derivatives" and other financial schemes that even the CEOs themselves didn't understand, came to a halt when the housing bubble burst and Wall Street couldn't even figure out the value of the investments it held. The financial industry panicked, threatened to shut down the system, and got the government to undertake the mother of all bailouts - trillions of dollars in loans, tax breaks and other goodies.

In short: the power of money poisoned our policies and our politics, with dire consequences for all of us who don't enjoy the special favors that only vast quantities of money can buy.

The Commission, created and appointed by Congress and composed of members of the political elite, could not possibly issue that indictment. Which is why the discussion of the bailout – the most obvious example of the special status of the privileged in our country – is a measly five pages out of 410.

The American public deserves better. In other man-made national disasters, like the explosion of the Challenger space shuttle 25 years ago, experts in the field – astrophysicists, geologists, academics – were asked to undertake an independent investigation. Their reports secured the confidence of the public, and led to remedial actions. NASA was not allowed to investigate itself, and lo and behold, it turned out that the culture at NASA was ultimately responsible for a design defect in the rocket.

Because it retreats from the fundamental truths, the Commission's report does nothing to help us come to grips with the root cause of the financial crisis: the corruption of our democracy by special interest money.  I know from more than thirty years of fighting for consumer rights – particularly in the insurance marketplace – that industry lobbyists and unlimited money to politicians almost inevitably kill  legislation that would help average people. Even the feeble, loophole-ridden campaign laws that limited how much big corporations could spend in elections are in jeopardy, thanks to the United States Supreme Court’s decision last year in the Citizens United case, which decreed that corporations have the same First Amendment rights as human beings. Here in California, the voters have the ability to go around a paralyzed legislature and put matters on the ballot for a direct vote of the people, but even this populist process is increasingly abused by special interests that want to block consumers from having their day in court, or by a single company like Mercury Insurance, who thought it could fool the voters into permitting auto insurance overcharging.

Naming a thing for what it is aids understanding, which leads to action and ultimately recovery. Absent the cleansing force of honesty, we remain rooted in fear for our kids, for America’s future. Indeed, there is something deeply foreboding about the country’s degraded democracy and disabled economy. Some of the old clichés are becoming a sickening reality. We used to idly wonder, are we Rome, a corrupt empire in the process of collapse? A thoughtful, almost poetic book by that name, written by Cullen Murphy, suggests we are.

The term “third world” was once a sneer, connoting abject poverty, corruption, gross disparities between rich and poor, the absence of government services, a state controlled by a cabal of self-perpetuating leaders. Now consider the statistics on post-collapse America, which Arianna Huffington marshals in her latest book, "Third World America."

This would be a good point to fill in the blanks in the piece I excerpted above from the New Yorker story. The missing words are: 2009, President Hamid Karzai, Afghan, presidential palace, Khalil Ferozi, Kabul Bank, Afghans. Yesterday’s New York Times reported that fraud and mismanagement at the largest bank in Afghanistan has resulted in $900 million in losses, potentially triggering a financial debacle. Kabul Bank is “too big to fail,” according to Western diplomats quoted by the Times. It's the same story everywhere, and thus it would hardly come as a surprise if U.S. taxpayers ended up funding the bailout of Kabul Bank.

Congress / Financial Crisis Inquiry Commission / Harvey Column / Too Big To Fail - 01/31/2011

Money Never Sleeps

Oliver Stone’s sequel to his 1984 hit "Wall Street" opens as the Bubble is about to burst on a culture of material excess that makes Gordon Gekko’s 1980s cell phone – then a symbol of extravagance available only to the mega-rich – ridiculously quaint. Stone’s Wall Street circa 2008 is set in a New York constructed of light, with ubiquitous flat screens providing instantaneous, 24/7 updates on the status of global power and wealth. When the results of decades of speculation first hit the housing market and then the stock markets, the great titans of Wall Street start eating their own. But that was only an appetizer for the main course: the American taxpayer.

I really couldn’t enjoy the love story between Shia LaBeouf and money, much less the one between Shia and his girlfriend, who happens to be Gekko’s estranged daughter and thus presents a trading opportunity for the ambitious young man. As the movie traced the collapse of Bear Stearns and then the stock market into a pile of scrap paper, I got more and more angry.

In one scene, the silver-haired heads of the giant firms that run Wall Street – surrogates for Goldman Sachs, JP Morgan, Citigroup, etc. – cloaked in bespoke suits, are gathered around an ornate table in a wood-paneled conference room with one of their former colleagues, who is now the Secretary of Treasury (aka Hank Paulson), to discuss how much taxpayer money they need in order to stay afloat. Hundreds of billions of dollars are referred to in single digits. The consensus, quickly obtained, was “seven.” It was like the Godfather movies, when the heads of the Families would convene to handle some event that threatened their criminal way of life.

I found myself remembering the scene, in the third Godfather, when small-time hood Joey Zasa locked the conference room doors from the outside, trapping the heads of the Families inside so they could be slaughtered by his assasins.

The nation hardly needs Oliver Stone’s portrayal of the markets as organized crime to stoke people’s recollection of what the debacle did to our economy and our kids’ futures. Our anger has reached a white hot point that, like the sun in a magnifying glass, is now being directed against public officials all over the country. “Money never sleeps” is Gordon Gekko’s new mantra, and vast sums of money are flowing into the political process to influence the November elections - largely an attack on incumbent Democrats in Congress.

But where was all this money back in the third week of September, 2008, when the Bush Administration’s three page proposal to bail out Wall Street with billions in taxpayer money was presented to Congress along with the threat that the United States would collapse if it wasn’t approved on the spot?

In what I must acknowledge was a serious overestimation of the impact one citizen could have at such a moment, I flew to Washington, D.C. on Tuesday, September 23, 2008, thinking I might be able to draw someone’s attention to the sheer lunacy of what was being proposed. Joan Claybrook, the President of Public Citizen, and I held a news conference just outside the House Banking Committee hearing room, where the plan was being presented by the Bush Administration. We were like two voices whispering in a hurricane. Later, I met with members of the California congressional delegation who were in shock and ready to do the bailout deed forthwith. Ok, I said, at least require disclosure of how our money was spent and a quid pro quo: that the companies receiving taxpayer dollars could not loan them back to us for more than a few percentage points profit. The legislators responded to the interest rate cap as if I had proposed that they resign from Congress.

It would have been nice back then if there had been a hugely funded campaign backed by angry Americans telling Congress not to act hastily or stupidly. But in fact, the big money we are seeing now in American politics is not from the grassroots, but from the same greedy folks who caused the debacle in the first place or who profited from the bailout. According to US News and World Report, business and conservative backed organizations are behind the  “independent expenditure” campaigns that are targeting Democrats and outspending them two to one. A recent article in the New Yorker uncovered two extremist billionaire brothers funneling over $100 million from their family oil business into Tea Party non-profits. Long-time big business Republican operatives like Karl Rove (now running a group called "American Crossroads") and Dick Armey ("FreedomWorks") are supplying more than tea for the new tea party.

The sudden resurgence of interest in politics on Main Street would be cause for great celebration, and the opportunity for real change, as citizen leader Jamie Court writes in his new primer on political activism: “The Progressive’s Guide To Raising Hell.” Instead, it’s just another dismaying example of big money corrupting our political system. If it succeeds, get ready for more speculation, more bubbles, and more pain for the average American.

"Greed is good," Gekko said back in the day, but Wall Street needs to own Washington, and Wall Street is already projecting victory in November.  Commenting on the rise of the Dow in September, an analyst said, "’There is a good chance that the strength we have seen in the market recently is due partly to an expectation about the result of the election... Investors are starting to understand that a likely result of this election is gridlock, and that is good."

Harvey Column / Outrage - 10/03/2010

Around the Web: Landmark or Pit Stop?

I understand why people feel the need to tout the historical significance of the financial reform package that passed the conference committee. The president needs it politically and those who support him want to give him credit for getting anything at all in the face of the onslaught of bank lobbyists. Lots of folks worked very hard against tremendous odds to get something passed.

But I think a more sober analysis shows that what’s been achieved is pretty modest. It hands over many crucial details to the same regulators who oversaw our financial debacle.

Summing up, Bloomberg reports: “Legislation to overhaul financial regulation will help curb risk-taking and boost capital buffers. What it won’t do is fundamentally reshape Wall Street’s biggest banks or prevent another crisis, analysts said.”

Zach Carter characterizes it as a good first step. The Roosevelt Institute’s Robert Johnson writes: “This first round was not the whole fight. It was the wake-up call and the beginning of the fight. Rest up and get ready. There is so much more to do.”

The question is when we’ll get the chance to take the additional steps that are needed. The public is skeptical that the new rules will prevent another crisis, according to this AP poll. The Big Picture’s Barry Ritholtz grades the various aspects of the reform effort. Overall grade? C-. Top marks go to the new minimum mortgage underwriting standards. But legislators get failing grades for leaving four critical issues on the table: “to big to fail banks,” bank leverage, credit rating agencies and corporate pay.

Ritholtz saves some of his harshest evaluation for the proposal to house the new consumer protection agency inside the Federal Reserve, which he finds “beyond idiotic.”

Around the Web / Executive Pay / Financial Reform Legislation / Martin Column - 06/25/2010

Around the Web: Tweak Show

Rather than providing a terrifying wakeup call to reshape our financial system, the economic meltdown turned out to be a boon to bank lobbyists.

The fight for financial reform looks like it will be a long war.

Who won the first battle? The too-big-to-fail bankers, who spared no expense in protecting their interests. Now they’re stronger than ever, and the job of regulating them has largely been turned over to the same regulators who failed to protect the country from the recent debacle.

House and Senate conferees are still haggling over the final details. In the latest “compromise” to emerge, Rep. Barney Frank has given up fighting for an independent consumer financial protection agency, agreeing with the Senate proposal to house consumer protection within the Federal Reserve.

It hasn’t helped that the man who was supposed to lead the charge  – President Obama – ­ has largely been missing in action. An independent consumer financial agency was once a linchpin of President Obama’s financial reform package. But it’s gone the way of other provisions that the big banks opposed. The president also once threatened to veto reform if it didn’t contain strong derivatives regulation, now the administration is actually working to undermine it.

One of the most articulate advocates of a stronger overhaul of the financial system isn’t waiting around to see the final bill to declare a verdict. Baseline Scenario’s Simon Johnson declares the reform effort a failure. Rather than joining with a handful of congressman and senators fighting for a more robust overhaul, Johnson concludes that the White House “punted, repeatedly, and elected instead for a veneer of superficial tweaking.”

Now the focus of financial industry lobbying will shift to the regulators, who will have the task of writing the new rules the administration and Congress balked at providing. The conference committee is televising its proceedings. It’s not a pretty picture, as when Texas Republican congressman Jeb Hensarling argued to gut some controls on bankers’ compensation out of concern that the federal government would be setting bank tellers’ pay.

If you have a strong stomach, you can view the remaining sessions here. The Democrats want the negotiations wrapped up by July 4.

Around the Web / Martin Column - 06/21/2010

Don’t Dump the Government, Sue It!

When our government institutions fail us through incompetence or corruption – the financial collapse being Exhibit A – what is the solution? That’s the question I posed a few weeks ago.

The Tea Partyers increasingly seem to advocate getting rid of government altogether, or at least the federal government. They (and the health insurance industry) are getting a lot of mileage these days by arguing that the Wall Street debacle shows government cannot be trusted to regulate health care. It’s not a crazy argument, but their solution is.

When government fails, the answer is not to get rid of government, but to force it to work better. How?

To start, citizens should be given “standing to sue” the federal government. It might surprise you to learn that the courts have often rejected the right of citizens to go to court to enforce state and federal laws. When I worked for Congress Watch, the D.C.-based lobbying group founded by consumer advocate Ralph Nader, back in the late 1970s, one of our top goals was to make sure that when Congress passed a law, no matter the subject, it gave Americans the right to sue if a federal agency failed to enforce that law, conducted itself in an arbitrary manner, spent taxpayer money improperly, or if the law was unconstitutional. We were often unsuccessful, defeated by lobbyists for big business who hoped to later subvert the agencies with impunity. Nader has written frequently about this tool of democracy, and it’s also covered in an excellent biography of the Nader consumer organizations by David Bollier that is now available online.

Can you imagine how much economic damage could have been  avoided if citizens had been able to sue the federal agencies that unilaterally stopped regulating the Money Industry over the last decade?

A lot of Americans don’t like litigation – because they have never seen how it can work to protect their interests as consumers or taxpayers. But suing the government is a crucial, even life-saving right that is part of the law in some states, including California. For example, my colleagues at Consumer Watchdog and I sued the California Department of Managed Health Care when it suddenly started permitting HMOs to evade state laws and deny autistic children medically-necessary treatments. The agency’s misconduct began after intense behind-the-scenes lobbying by the heath insurance companies. The trial will be held this fall in a Los Angeles Superior Court and based on a recent preliminary ruling by the judge, we are looking forward to forcing this renegade agency to follow the law.

No doubt the prospect of litigation against the government raises fears of wasted taxpayer resources. But court rules allow judges to block truly frivolous cases. And I believe the costs would be more than offset by the benefits to Americans.

Standing to sue is one of many proposals for systemic reform that you don’t hear much about, because they aren’t sexy. They involve changes to the internal mechanisms of government. But if they were adopted, government would operate far more effectively and with much greater accountability to the public.

Harvey Column - 03/23/2010