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“Friends of Fraud”: An Open Attempt By Republicans To Use Raw Obstructionism To Overturn The Law

Like many advocates of financial reform, I was a bit disappointed in the bill that finally emerged. Dodd-Frank gave regulators the power to rein in many financial excesses; but it was and is less clear that future regulators will use that power. As history shows, the financial industry’s wealth and influence can all too easily turn those who are supposed to serve as watchdogs into lap dogs instead.

There was, however, one piece of the reform that was a shining example of how to do it right: the creation of a Consumer Financial Protection Bureau, a stand-alone agency with its own funding, charged with protecting consumers against financial fraud and abuse. And sure enough, Senate Republicans are going all out in an attempt to kill that bureau.

Why is consumer financial protection necessary? Because fraud and abuse happen.

Don’t say that educated and informed consumers can take care of themselves. For one thing, not all consumers are educated and informed. Edward Gramlich, the Federal Reserve official who warned in vain about the dangers of subprime, famously asked, “Why are the most risky loan products sold to the least sophisticated borrowers?” He went on, “The question answers itself — the least sophisticated borrowers are probably duped into taking these products.”

And even well-educated adults can have a hard time understanding the risks and payoffs associated with financial deals — a fact of which shady operators are all too aware. To take an area in which the bureau has already done excellent work, how many of us know what’s actually in our credit-card contracts?

Now, you might be tempted to say that while we need protection against financial fraud, there’s no need to create another bureaucracy. Why not leave it up to the regulators we already have? The answer is that existing regulatory agencies are basically concerned with bolstering the banks; as a practical, cultural matter they will always put consumer protection on the back burner — just as they did when they ignored Mr. Gramlich’s warnings about subprime.

So the consumer protection bureau serves a vital function. But as I said, Senate Republicans are trying to kill it.

How can they do that, when the reform is already law and Democrats hold a Senate majority? Here as elsewhere, they’re turning to extortion — threatening to filibuster the appointment of Richard Cordray, the bureau’s acting head, and thereby leave the bureau unable to function. Mr. Cordray, whose work has drawn praise even from the bankers, is clearly not the issue. Instead, it’s an open attempt to use raw obstructionism to overturn the law.

What Republicans are demanding, basically, is that the protection bureau lose its independence. They want its actions subjected to a veto by other, bank-centered financial regulators, ensuring that consumers will once again be neglected, and they also want to take away its guaranteed funding, opening it to interest-group pressure. These changes would make the agency more or less worthless — but that, of course, is the point.

How can the G.O.P. be so determined to make America safe for financial fraud, with the 2008 crisis still so fresh in our memory? In part it’s because Republicans are deep in denial about what actually happened to our financial system and economy. On the right, it’s now complete orthodoxy that do-gooder liberals, especially former Representative Barney Frank, somehow caused the financial disaster by forcing helpless bankers to lend to Those People.

In reality, this is a nonsense story that has been extensively refuted; I’ve always been struck in particular by the notion that a Congressional Democrat, holding office at a time when Republicans ruled the House with an iron fist, somehow had the mystical power to distort our whole banking system. But it’s a story conservatives much prefer to the awkward reality that their faith in the perfection of free markets was proved false.

And as always, you should follow the money. Historically, the financial sector has given a lot of money to both parties, with only a modest Republican lean. In the last election, however, it went all in for Republicans, giving them more than twice as much as it gave to Democrats (and favoring Mitt Romney over the president almost three to one). All this money wasn’t enough to buy an election — but it was, arguably, enough to buy a major political party.

Right now, all the media focus is on the obvious hot issues — immigration, guns, the sequester, and so on. But let’s try not to let this one fall through the cracks: just four years after runaway bankers brought the world economy to its knees, Senate Republicans are using every means at their disposal, violating all the usual norms of politics in the process, in an attempt to give the bankers a chance to do it all over again.

By: Paul Krugman, Op-Ed Columnist, The New York Times, February 3, 2013

February 5, 2013 Posted by | Financial Crisis, Financial Institutions | , , , , , , , | 1 Comment

“Substance Over Style”: New Term, New Truthers, Same President Obama

If I had to pick my favorite political ad of the last few years, a strong contender would be the one from 2010 Delaware Senate candidate Christine O’Donnell, in which she looked into the camera and said sweetly, “I’m not a witch. I’m nothing you’ve heard. I’m you.” The combination of a hilarious lack of subtlety with a kind of sad earnestness made it unforgettable. And it’s the message that almost every politician tries to offer at one point or another (the “I’m you” part, not the part about not being a witch). They all want us to think they’re us, or at least enough like us for us to trust them.

So when the White House released a photo over the weekend of President Obama shooting skeet, the smoke of freedom issuing forth from the barrel of his gun, you could almost hear him saying, “I’m not an effete socialist gun-hater. I’m you.” If “you” happen to be one of the minority of Americans who own guns, that is. Even at this late date, Obama and his aides can’t resist the urge, when confronted with a controversial policy debate, to send the message of cultural affinity to the people who—let’s be honest—he is most unlike.

We should give the White House some credit, though. This came about because in an interview with The New Republic, Obama was asked whether he had ever fired a gun, and he responded that he shoots skeet “all the time” at Camp David, prompting conservatives to begin demanding photographic evidence. His aides knew that a photo of Obama shooting skeet wasn’t going to convince anybody of anything, and in fact would just spur the President’s most deranged opponents to make fools of themselves. Which is why White House communications director Dan Pfeiffer tweeted the photo “For all the ‘skeeters,'” and senior advisor David Plouffe did the same, writing, “Attn skeet birthers. Make our day – let the photoshop conspiracies begin!” Lo and behold, a bevy of conservatives obliged with fine-grained analyses of why the photo was faked or staged, making it clear that their opposition to President Obama is rational and policy-based, and they are absolutely not a bunch of crazy people.

And to Obama’s credit, in the interview that started the discussion about skeet shooting, he displayed what we actually ought to seek from politicians: an effort to understand people’s differing perspectives and the things that are important to them. “Part of being able to move this forward is understanding the reality of guns in urban areas are very different from the realities of guns in rural areas,” he said. “And if you grew up and your dad gave you a hunting rifle when you were ten, and you went out and spent the day with him and your uncles, and that became part of your family’s traditions, you can see why you’d be pretty protective of that.”

That’s true, and the gun owners Obama is referring to are, according to opinion polls, supportive of the kinds of measures he’s proposing, like universal background checks and limits on certain military-style guns and large-capacity ammunition clips. Nevertheless, I couldn’t help but be reminded of the controversy from the 2008 campaign, when Obama was recorded saying people in small towns “cling to guns or religion” (you may have forgotten it, but people on the right haven’t, I assure you). A supporter had asked him how to convince people in economically depressed small towns in places like Pennsylvania who are hostile toward Democrats to change their minds, and his answer was actually an attempt to explain to the questioner where those people might be coming from. What he was saying was that they felt let down by politicians who promised them again and again that they could improve their economic circumstances, and so they turned to cultural issues—and more particularly, resentments—to define their political identity and determine their votes. He ended by saying that even if you can’t convince very many of them, it’s important to try. It may have been phrased inartfully (to use Mitt Romney’s formulation), but it was an attempt to understand and bridge personal divides, even if it became exactly the opposite. He couldn’t say “I’m you” to those small-town white voters, but he was trying to say, “I get you.”

Let’s not forget too that part of what made Barack Obama so much more appealing than the average Democratic candidate to so many liberals in 2008 is that, in fact, he is them. Multi-racial, hailing from a big city, educated, sophisticated and urbane, Obama looked to many liberals like the kind of person they might encounter in their daily lives, maybe even the kind of person they imagine themselves to be. Much as liberals have derided the efforts of politicians from both parties to create cultural affinity—from George W. Bush, son of Kennebunkport, pretending to be a down-home reg’lar fella, to John Kerry, well, hunting—their cultural connection with Obama was thrilling to them. But liberals don’t get that same thrill from him anymore, for the simple reason that he’s been president for four years, and those feelings of affinity from 2008 have been overwhelmed by the feelings they have about everything that has happened since, both good and bad.

And that’s true of the rest of the country too. Americans may not follow politics very closely, and they may not know very much about policy, but in 2013, if there’s one thing they have a pretty good idea about, it’s their feelings on one Barack Hussein Obama. After a first term full of consequential policy changes and significant real-world developments, substance has inevitably become far more important than style. The ones who find him alien and threatening wouldn’t have their minds changed by a thousand photos, no matter what they seemed to communicate. Obama surely knows that. But maybe someday, a Republican candidate will stage a photo-op to convince voters that despite all appearances, he’s just like college professors or Brooklyn hipsters. Instead of the “heartland” voters being pandered to, it’ll be the coastal urban dwellers. “I’m you,” he’ll say. And just as they do now, voters will respond, “Yeah, right.”

 

By: Paul Waldman, Contributing Editor, The American Prospect, February 4, 2013

February 4, 2013 Posted by | Politics | , , , , , , , , | Leave a comment

“Peacemaking On Contraception”: An Olive Branch To The Catholic Church On Contraception Coverage

America’s Big Religious War ended on Friday. Or at least it ought to.

A little more than a year ago, the Obama administration set off a bitter and unnecessary clash with the Roman Catholic Church over rules mandating broad contraception coverage under the Affordable Care Act. The Department of Health and Human Services’ announcement of new regulations is a clear statement that President Obama never wanted this fight.

The decision, the administration’s second attempt at compromise, ought to be taken by the nation’s Catholic bishops as the victory it is. Many of the country’s most prominent prelates are inclined to do just that — even if the most conservative bishops seem to want to keep the battle raging.

But more importantly, the final HHS rules are the product of a genuine and heartfelt struggle over the meaning of religious liberty in a pluralistic society. The contraception dispute was difficult because legitimate claims and interests were in conflict.

The vast majority of Americans believe that health insurance should cover contraception. At the same time, the Catholic Church has a theological objection to contraception, even if most Catholics (including regular churchgoers) disagree with its position. The church insisted that its vast array of charitable, educational and medical institutions should be exempt from the contraception requirement.

The church made a mistake in arguing its case on the grounds of “religious liberty.” By inflating their legitimate desire for accommodation into a liberty claim, the bishops implied that the freedom not to pay for birth control rose to the same level as, say, the freedom to worship or to preach the faith. This led to wild rhetorical excesses, including a comparison of Obama to Hitler and Stalin by one bishop and an analogy between the president’s approach and the Soviet constitution by another.

But the church had good reason to object to the narrowness of the original HHS definition of what constituted a religious organization entitled to exemptions from the contraception requirement. If an organization did not have “the inculcation of religious values” as its purpose and did not employ or serve primarily those who shared the faith, it got no exclusion at all.

The problem is that the vast charitable work done by religious organizations to help millions, regardless of their faith, is manifestly inspired by religion. The church could not abide the implicit reduction of its role merely to private expressions of faith. Don’t most Americans devoutly wish that religious people will be moved by their beliefs to works of charity and justice?

The HHS rules announced Friday scrapped this troubling definition in favor of long-established language in the Internal Revenue Code. In an interview, HHS Secretary Kathleen Sebelius showed a becoming humility, and it would be nice if this rubbed off on her critics. However defensible the original rules might have been, she said, “they really caused more anxiety and conflict than was appropriate.”

“What we’ve learned,” she said, “is that there are issues to balance in this area. There were issues of religious freedom on two sides of the ledger” — the freedom of the religious institutions and the freedom of their employees who might not share their objections to contraception.

This is where the other accommodation kicked in: Many Catholic institutions self-insure. While the administration rightly wants broad contraception coverage to include hospital workers, teachers and others at religious institutions, it also seeks to keep religious organizations from having “to contract, arrange, pay or refer” for coverage “to which they object on religious grounds.”

Under the new rules, employees who want it will be able to get stand-alone coverage from a third party. Some of the costs will be covered by small offsets in the fees insurers will have to pay to participate in the new exchanges where their policies will be on sale. It’s an elegant fix.

There are two reasons for hope here, particularly for Catholic progressives. First, the administration recognized the problem it had created and resolved it. Vice President Biden played a key role here, keeping lines of communication with the church open.

Second, many bishops have come to realize that the appearance of a state of war with Obama not only troubled many of the faithful — Obama, after all, narrowly carried the Catholic vote — but also threatened to cast a church with strong commitments to immigrants, social justice and nonviolence as a partisan, even right-wing organization.

This war has been bad for everyone involved. Obama has moved to end it. Here’s a prayer that the bishops will also be instruments of peace.

 

By: E. J. Dionne, Jr., Opinion Writer, The Washington Post, February 3, 2013

February 4, 2013 Posted by | Affordable Care Act, Birth Control | , , , , , , | Leave a comment

“Rewriting Inconvenient History”: Calling Out Conservative Bugnut Idiocy

Rush Limbaugh thinks John Lewis should have been armed.

“If a lot of African-Americans back in the ’60s had guns and the legal right to use them for self-defense, you think they would have needed Selma?” he said recently on his radio show, referencing the 1965 voting rights campaign in which Lewis, now a congressman from Georgia, had his skull fractured by Alabama state troopers on the Edmund Pettus Bridge. “If John Lewis had had a gun, would he have been beat upside the head on the bridge?”

Right. Because a shootout between protesters and state troopers would have done so much more to secure the right to vote.

Incredibly, that’s not the stupidest thing anyone has said recently about the civil rights movement.

No, that distinction goes to one Larry Ward, who claimed in an appearance on CNN that Martin Luther King Jr. would have supported Ward’s call for a Gun Appreciation Day “if he were alive today.” In other words, the premier American pacifist of the 20th century would be singing the praises of guns, except that he was shot in the face with one 45 years ago.

Thus do social conservatives continue to rewrite the inconvenient truths of African-American history, repurposing that tale of incandescent triumph and inconsolable woe to make it useful within the crabbed corners of their failed and discredited dogma. This seems an especially appropriate moment to call them on it. Not simply because Friday was the first day of Black History Month, but because Monday is the centenary of a signal event within that history.

Rosa Louise McCauley was born a hundred years ago. You know her better by her married name — Rosa Parks, the quiet, unassuming 42-year-old seamstress from Montgomery, AL, who ignited the civil rights movement in December, 1955, when bus driver J.F. Blake ordered her to give up her seat for a white man and she refused.

Doubtless, Limbaugh thinks she should have shot Blake instead, but she did not. She only waited quietly for police to come arrest her. Thus began the 381-day Montgomery bus boycott.

Though legend would have it that Parks, who died in 2005, refused because her feet were tired, the truth, she always said, was that it was not her body that was fatigued. “The only tired I was, was tired of giving in” to a system that judged her, as a black woman, unworthy of a seat on a public bus.

Years later, Martin Luther King Jr., the young preacher who led the boycott, would phrase that philosophy of refusal in terms of rhetorical elegance: “Noncooperation with evil is as much a moral obligation as is cooperation with good.”

Mrs. Parks put it more simply that day in 1955: “No,” she said.

The Henry Ford Museum in Dearborn, MI, which counts Rosa Parks’ bus among its holdings, has persuaded the Senate to designate Monday a “National Day of Courage” in her honor. Full disclosure: I gave a compensated speech for the Michigan Department of Civil Rights at the museum last month. While there, I had the distinct privilege of climbing onto that bus.

Sitting in that sacred space, it is easy to imagine yourself transported back to that fateful moment of decision. Fifty-eight years later, those of us who are guardians — and beneficiaries — of African-American history, who live in a world transformed by the decisions of Rosa, Martin, Fannie Lou, Malcolm, Frederick, W.E.B., Booker T. and a million others whose names history did not record, now have decisions of our own to make. One of them is this:

What shall we say to conservatives who seem hellbent on rewriting, disrespecting and arrogating that history? Many sharp rebukes come to mind, but none of them improves on the brave thing said by a tired woman born a hundred years ago this week.

No.

 

By: Leonard Pitts Jr., The National Memo, February 4, 2013

February 4, 2013 Posted by | Civil Rights | , , , , , , , , | Leave a comment

“A Congenital Hothead, A Man Of Grudges”: The Bitter Twilight Of John McCain Gives Even Republicans Pause

That one,” John McCain famously snarled in a presidential debate four years ago, referring to his opponent who was a quarter of a century younger and who had been in the Senate 3 years to McCain’s 20. It’s difficult to imagine a better revelation of the McCain psyche than that moment, but if there is one, then it came yesterday at the meeting of the Senate Armed Services Committee, convened to consider the nomination of Chuck Hagel as Secretary of Defense. The McCain fury is something to behold, almost irresistible for how unvarnished it is in all its forms. In the instance of the 2008 debate, McCain’s dumbfounded antipathy had to do with facing an opponent he so clearly considered unworthy. In the instance of the hearing yesterday, McCain’s bitter blast was at somebody who once was among his closest friends, a former Vietnam warrior and fellow Republican of a similarly independent ilk, who supported McCain’s first run for the presidency in 2000 against George W. Bush but then appeared to abandon the Arizona senator eight years later.

If all this suggests political differences born largely of personal dynamics and their breach, it’s because for McCain the two are interchangeable. At this moment we should make the effort to remind ourselves of what’s commendable about McCain, an admiral’s son who could only live up to his father’s reputation by way of five years in a Hanoi jail, where he walked—or hobbled, given the crippling abuse he suffered at the hands of his captors—the walk of loyalty and didn’t just talk it. When offered freedom halfway through those five years, he refused to leave behind his fellow prisoners of war who had been there longer and were due their freedom first. It’s a story so formidable that 12 years ago Bush supporters resorted to suggesting McCain was a “Hanoi Candidate,” brainwashed in the manner of cinematic Manchurians. So let’s not question McCain’s courage, or a code that means as much to him as patriotism. In that initial presidential run, admiration for the man trumped what disagreements overly romantic voters like myself had when it came time to mark his name on our ballots (as I did in that year’s California primary).

In the time since, two things have happened to McCain. One was the Iraq War, the worst American foreign policy blunder of the post-World War II era, which McCain wholeheartedly supported from the beginning and about which he’s never intimated a second thought. The other was Barack Obama, electoral politics’ upstart lieutenant whose bid to become five-star general, bypassing stops along the way at captain, major and colonel, wasn’t just temerity to a man who waited his turn to be released from prison, but insubordination. Those two things converged yesterday in McCain’s prosecution of Hagel, no less sorry a spectacle on McCain’s part for the fact that Hagel handled it so unimpressively. Perhaps Hagel was startled, figuring his one-time compatriot would be tough but not vicious. If that’s the case, then he never knew McCain as well as he thought or hoped, because if he did then he would know that McCain is a man of grudges. In his memoir Faith of My Fathers, in which words like “gallantry” appear without embarrassment (and which no one has more earned the right to use), McCain himself acknowledges being the congenital hothead of legend who’s nearly come to blows with colleges. Half a century later, he recalls every altercation with every Naval Academy classmate; as a child, rage sometimes drove him to hold his breath until he blacked out. No need to indulge in untrained psychotherapy from afar to surmise that the ability to nurse such a grudge may be what gets you through half a decade of cruel incarceration.

At any rate, what happened yesterday wasn’t about Hagel at all. It wasn’t even about the Iraq War’s 2007 “surge,” which McCain is desperate to justify because he can never justify the war itself that finds Hagel moved to the right side of history while McCain remains stubbornly on the wrong. It’s about that junior senator from Illinois who crossed McCain early in some obscure backroom Senate deal no one can remember anymore, then denied McCain the presidency in no small part because Obama understood the folly of Iraq better than McCain can allow himself to. McCain’s personal honor in Hanoi was too hard won to be stained now by almost anything he does, including how he’s allowed temperament, pique and ego to steamroll the judgment and perspective that we hope all of our elected officers have, let alone presidents. But his political honor, not to mention whatever might once have recommended him to the presidency, has fallen victim to the way that Obama has gotten fatally under his skin. Even if this once-noble statesman should succeed in denying Hagel’s nomination as he denied Susan Rice’s prospects for Secretary of State (and even the most devout Hagel supporter would have to acknowledge that the Defense nominee’s performance before the Committee was often a shambles), McCain’s unrelenting obsession with the grievance that Obama has come to represent to him is the saddest legacy in memory. The very fact of Obama and all things Obamic has turned McCain into something toxic, maybe even to himself.

By: Steve Erickson, The American Prospect, February 2, 2013

February 3, 2013 Posted by | Politics | , , , , , , , , | Leave a comment