John Boehner Thinks We’re “Broke” But He’s Willing To Splurge
When the Obama administration announced that it no longer considers the Defense of Marriage Act constitutional, and would stop defending the law against court challenges, officials told Congress it could step in and defend DOMA if it wants to. Soon after, Speaker John Boehner (R-Ohio) said the House would gladly to just that.
Yesterday, Boehner’s office announced it has hired former Bush Solicitor General Paul Clement to defend the discriminatory law, which seems like a wise choice. Clement is an accomplished attorney with extensive experience who’ll no doubt do a capable job.
But Clement is also a very well paid D.C. attorney, and House Minority Leader Nancy Pelosi (D-Calif.) would like to know what Boehner expects this little culture-war endeavor to cost. For that matter, Pelosi found it curious that the Speaker hired an attorney to represent the House, but hasn’t shared the contract with other congressional leaders.
Today, the picture started coming together.
House Republicans plan to pay former Solicitor General Paul Clement and his legal team from King & Spaulding as much as $500,000 of taxpayer money to uphold the Defense of Marriage Act (DOMA) on behalf of House of Representatives, according to a document obtained by the Huffington Post.
“The General Counsel agrees to pay the Contractor for all contractual services rendered a sum not to exceed $500,000.00,” the Contract for Legal Services obtained by The Huffington Post says. The cap could be raised “by written agreement between the parties with the approval” of the House, the document states.
The hourly rate that King & Spaulding will be receiving is $520 per hour — which could actually be considered a deal. Some reports say that the firm’s top attorneys receive as much as $900 per hour.
Pelosi spokesperson Drew Hammill told Amanda Terkel, “The hypocrisy of this legal boondoggle is mind-blowing. Speaker Boehner is spending half a million dollars of taxpayer money to defend discrimination. If Republicans were really interested in cutting spending, this should be at the top of the list.”
That seems more than fair. After all, Boehner has been running around for months, falsely claiming, “We’re broke.” It’s how he justifies proposed cuts in critical areas like education, medical research, infrastructure, job training, and homeland security, even if it makes the jobs crisis much worse.
But if we’re actually broke, shouldn’t House Republicans want to save $500,000 of our money, and not give it to one high-priced lawyer to defend an anti-gay law?
By: Steve Benen, Washington Monthly, Political Animal, April 19, 2011
Tea Party: The Welfare State Is Out Of Control But Leave “My” Medicare Alone
About a month ago, Politico ran a much-discussed piece, insisting that the Republican Party and its base have become “fanatically anti-spending.” Tea Partiers, the article added, are obsessed with “cut, cut, cut,” and “taking a cleaver to government spending.”
I’ve pushed back against this, but a new Marist poll out today makes this much easier. The poll asked respondents:
“Do you support or oppose doing each of the following to deal with the federal budget deficit: cut Medicare and Medicaid?”
Among all registered voters, 80% opposed these cuts. Among self-identified Tea Party supporters, 70% opposed these cuts. Among self-identified Republicans, 73% opposed these cuts.
We’re talking about taxpayer-financed, socialized medicine, which Tea Partiers should oppose reflexively if they’re desperate to “cut, cut, cut.”
Except, they’re not.
When pressed on the radical nature of their agenda, congressional Republicans consistently claim the “American people” are on their side, even suggesting they have a popular mandate to pursue drastic policy measures that voters didn’t know about last year. But the data is hard to ignore — not only does the American mainstream oppose GOP cuts to Medicare and Medicaid, but even the Republicans’ own base isn’t on board.
I often think of this piece from Matt Taibbi, who attended a Tea Party rally last summer.
After Palin wraps up, I race to the parking lot in search of departing Medicare-motor-scooter conservatives. I come upon an elderly couple, Janice and David Wheelock, who are fairly itching to share their views.
“I’m anti-spending and anti-government,” crows David, as scooter-bound Janice looks on. “The welfare state is out of control.”
“OK,” I say. “And what do you do for a living?”
“Me?” he says proudly. “Oh, I’m a property appraiser. Have been my whole life.”
I frown. “Are either of you on Medicare?”
Silence: Then Janice, a nice enough woman, it seems, slowly raises her hand, offering a faint smile, as if to say, You got me!
“Let me get this straight,” I say to David. “You’ve been picking up a check from the government for decades, as a tax assessor, and your wife is on Medicare. How can you complain about the welfare state?”
“Well,” he says, “there’s a lot of people on welfare who don’t deserve it. Too many people are living off the government.”
“But,” I protest, “you live off the government. And have been your whole life!”
“Yeah,” he says, “but I don’t make very much.”
The point is that congressional Republicans are desperate to make devastating cuts, and think they’re on safe political ground. GOP officials might be surprised to learn just how many Americans rely on government spending, and want to keep the benefits that apply to them.
By: Steve Benen, Washington Monthly, Political Animal, April 19, 2011
Letting The Banks Off The Hook: Top Bank Regulator Is Back To Its Old Tricks
Judging by last week’s performance, it sure looks as though the country’s top bank regulator is back to its old tricks.
Though, to be honest, calling the Office of the Comptroller of the Currency a “regulator” is almost laughable. The Environmental Protection Agency is a regulator. The O.C.C. is a coddler, a protector, an outright enabler of the institutions it oversees.
Back during the subprime bubble, for instance, it was so eager to please its “clients” — yes, that’s how O.C.C. executives used to describe the banks — that it steamrolled anyone who tried to stop lending abuses. States and cities around the country would pass laws requiring consumer-friendly measures such as mandatory counseling for subprime borrowers, or the listing of the fees the banks were going to charge for the loan. The O.C.C. would then use its power to either block or roll back the legislation.
It relied on the doctrine of pre-emption, which holds, in essence, that federal rules pre-empt state laws. More than 20 times, states and municipalities passed laws aimed at making subprime loans less predatory; every time, the O.C.C. ruled that national banks were exempt. Which, of course, rendered the new laws moot.
You’d think the financial crisis would have knocked some sense into the agency, exposing the awful consequences of its regulatory negligence. But you would be wrong. Like the banks themselves, the O.C.C. seems to have forgotten that the financial crisis ever took place.
It has consistently defended the Too Big to Fail banks. It opposes lowering hidden interchange fees for debit cards, even though such a move is mandated by law, because the banks don’t want to take the financial hit. Its foot-dragging in implementing the new Dodd-Frank laws stands in sharp contrast to, say, the Commodity Futures Trading Commission, which is working diligently to create a regulatory framework for derivatives, despite Republican opposition. Like the banks, it views the new Consumer Financial Protection Bureau as the enemy.
And, as we learned last week, it is doing its darndest to make sure the banks escape the foreclosure crisis — a crisis they created with their sloppy, callous and often illegal practices — with no serious consequences. There is really no other way to explain the “settlement” it announced last week with 14 of the biggest mortgage servicers (which includes all the big banks).
The proposed terms call on servicers to have a single point of contact for homeowners with troubled mortgages. They would have to stop the odious practice of secretly beginning foreclosure proceedings while supposedly working on a mortgage modification. They would have to hire consultants to do spot-checks to see if people were foreclosed on improperly. (Gee, I wonder how that’s going to turn out?)
If you’re thinking: that’s what they should have done in the first place, you’re right. If you’re wondering what the consequences will be if the banks don’t abide by the terms, the answer is: there aren’t any. And although the O.C.C. says that it might add a financial penalty, I’ll believe it when I see it. While John Walsh, the acting comptroller, called the terms “tough,” they’re anything but.
No, the real reason the O.C.C. raced to come up with its weak settlement proposal is that last month, a document surfaced that contained a rather different set of terms with the banks. These were settlement ideas being batted around by the states’ attorneys general, who have been investigating the foreclosure crisis since late October. The document suggested that the attorneys general were not only trying to fix the foreclosure process but also wanted to penalize the banks for their illegal actions.
Their ideas included all the terms (and then some) included in the O.C.C. proposal, though with more specificity. Unlike the O.C.C., the attorneys general had devised a way to actually enforce their settlement, by deputizing the new consumer bureau, which opens in July. And they wanted to impose a stiff fine — possibly $20 billion — which would be used to modify mortgages. In other words, the attorneys general were trying to help homeowners rather than banks.
By jumping out in front of the attorneys general, the O.C.C. has made the likelihood of a 50-state master settlement much less likely. Any such settlement needs bipartisan support; now, thanks to the O.C.C., there’s a good chance that Republican attorneys general will walk away. The banks will be able to say that they’ve already settled with the federal government, so why should they have to settle a second time? If they wind up being sued by the states, the federal settlement will help them in court.
“It’s a vintage O.C.C. move,” said Prentiss Cox, a law professor at the University of Minnesota who was formerly an assistant attorney general. “It is clearly an attempt to undercut the A.G.’s”
Old habits die hard in Washington. The O.C.C.’s historical reliance on pre-emption should have died after the financial crisis. Instead, it’s merely been disguised to look like a settlement.
By: Joe Nocera, Op-Ed Columnist, The New York Times, April 18, 2011
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