On Monday, White House spokesman Robert Gibbs lauded Elizabeth Warren as "a terrific candidate" to lead the new Consumer Financial Protection Bureau: "I don't think any criticism in any way by anybody would disqualify her."
So why isn't the White House rushing to nominate her for the position? In a word: fear.
The same fear-based approach that caused the administration to throw Shirley Sherrod under the bus before her name had even been uttered on Fox News is once again rearing its head in the decision-making process over Warren.
This time, it's not the ire of Glenn Beck that has Team Obama's backbone turning to mush -- it's the fear of angering the bankers by appointing a consumer advocate who might actually advocate for consumers (the same consumers who, in their role as taxpayers, have spent hundreds of billions bailing the bankers out).
According to the National Journal, the banking industry "privately grumbles that Warren would be their least favorite candidate to head the agency." Or, as Floyd Norris put it in the New York Times, "whether or not she is named to run the bureau may depend on how willing the president is to anger the banks."
Warren is far and away the best person for the position. Picking her is a no-brainer. For many high-level positions, such as a Supreme Court justice, a president will often say he's looking for the "best candidate" when, in fact, there isn't one "best candidate." But this is that rare occasion when there truly is a single best candidate. When it comes to heading the Consumer Bureau, there is Elizabeth Warren -- and there is everybody else.
Not only is she one of the country's foremost experts on bankruptcy law and the multiple ways in which banks trick and trap consumers, she's been the leading advocate for the creation of the agency, which the banking industry worked night and day to kill. In fact, it was Warren who came up with the idea for the agency in the first place, in a paper she wrote in 2007. Her entire career has been devoted to the issues the agency is being created to address.
So obvious is the choice of Warren as the inaugural head of the Consumer Bureau that nearly a dozen senators and over 60 members of the House have already publicly come out in her favor. And over 200,000 people -- i.e. consumers -- have signed a petition urging her nomination.
Here are a few examples of the support she's getting:
Then there was this argument in her favor:
She is an enormously effective advocate for reform. Probably the most effective advocate for consumer protection in the country. She has huge credibility and she played a decisive role in helping make the public case for reform and she was early on this, way ahead of everybody else.
That, as it happens, was Treasury Secretary Tim Geithner, speaking Sunday on ABC's This Week. So why has Geithner stopped short of endorsing Warren (and, indeed, privately argued against her)? And why, as HuffPost's Jason Linkins put it, is the White House still "hesitating, looking for all the world like it is going to veer away from tapping Warren for the sort of job she was born to do?"
Fear. You know what they say: give a man some fear, and you make him fearful for a day -- teach a man to scare himself, and you make him fearful for life. The administration has taken the lesson to heart.
And the courage-killing virus isn't confined just to one end of Pennsylvania Avenue. Sen. Chris Dodd told NPR's Diane Rehm, "The question is, 'is she confirmable?' And there's a serious question about it." And today he challenged Robert Gibbs' assertion that Warren is "very confirmable": "How does he know that?" Dodd said to TPM.
Nothing fortifies your opponents like signaling your willingness to surrender. A different approach would be to do the right thing, welcome the fight, and make your case to the American people. "Are the Republicans, when we bring her name up, going to argue that she shouldn't be confirmed because she's too tough on the big banks and too tough on the financial industry?" asked Sen. Tom Harkin. "Boy, that'll get them a lot of votes in November!"
And if Senate Democrats don't have the stomach for the fight, there is a provision in the financial reform bill the president signed into law last week that allows the Treasury Secretary to name someone to head the Consumer Bureau until the Senate confirms a presidential nominee. And there is no clear deadline on how long the Secretary's appointee may serve. "The statute gives the Treasury Secretary the obligation to get it done, but doesn't tell him how to get it done," says Gail Hillebrand of the Consumers Union. "Consumers have been waiting a long time. The sooner we can get it off the ground the better."
So the administration has no excuses left for not nominating Warren -- including the threat of a Republican filibuster.
And given that her opponents, shameless though they are, can't just come out and say, "We're against her just because we're doing the banks' biding," what argument can they make? One currently being test-marketed is that because Warren is such a zealous advocate for consumers she would somehow be bad for "innovation." You know, the kind of innovation that brought us credit default swaps, teaser rates, 600 percent payday loan rates, and that led to widespread foreclosures and bankruptcies. This line of reasoning is akin to saying that we don't want our police force to be very vigilant, lest it diminish criminal innovation. Warren herself addressed this ludicrous claim in a paper in 2008:
Thanks to effective regulation, innovation in the market for physical products has led to greater safety and more consumer-friendly features. By comparison, innovation in financial products has produced incomprehensible terms and sharp practices that have left families at the mercy of those who write the contracts.
Which, of course, is exactly why the Consumer Financial Protection Bureau was created in the first place. If someone with Warren's skill set and perspective isn't named to head it, why even bother creating it? Just so another banking industry shill has a place to cool his heels before adding a few zeros to his salary when he quits and joins the companies he was ostensibly regulating? Given that this is the usual M.O. of how regulatory agencies in Washington work, it's all the more important to name Warren so she can start the Consumer Bureau off on the right foot -- as a true voice for the people.
So which way will Obama go? If he makes his decision on the merits, Elizabeth Warren will be the first head of the Consumer Bureau. If he makes his decision out of fear, she won't be. For guidance, he should listen carefully to these words:
All too often -- our government made decisions based upon fear rather than foresight, and all too often trimmed facts and evidence to fit ideological predispositions. Instead of strategically applying our power and our principles, we too often set those principles aside as luxuries that we could no longer afford. And in this season of fear, too many of us -- Democrats and Republicans; politicians, journalists and citizens -- fell silent... if we continue to make decisions from within a climate of fear, we will make more mistakes.
That was Barack Obama in May of last year, talking about the Bush administration's approach to national security in the wake of 9/11. As he finds himself in a different kind of "season of fear," will he use his insights as a guide to his decision?
Appointing Elizabeth Warren will demonstrate that the detour his administration took to Feartown with Shirley Sherrod was a lesson learned.
P.S. Check out this post by HuffPost's Social News editor Adam Clark Estes, to learn all about our new pairing with Meetup that, as Adam puts it, aims "to turn the conversations about the news on our site into face-to-face encounters."
Follow Arianna Huffington on Twitter: www.twitter.com/ariannahuff
and duress of a small group of dominent men"
http://www.youtube.com/watch?v=_dmPchuXIXQ
The longer we go without an appointment, permanent or temporary, the more the media decides to let this part of the story fade away and we see Mr. Geitners face, the more I'm convinced it's business as usual with a whole lot of fancy smoke and mirrors to make it look good. I hope I'm wrong.
I have to disagree. I don't think Obama is acting this way because of anyone else. This is who he is. This is what the Democrats are today.
Obama is what he does.
There is another site with a petition so ask the President to appoint Ms. Warren.
http://www.zerohedge.com/sites/default/files/images/user5/imageroot/trichet/Bernanke%20Desktop.jpg
This last link is for your viewing pleasure.
Ooooops, I forgot, they have already been bought and paid for by their corporate masters. Not to mention the fact that the SCOTUS has given all corporations, which are nothing but an impersonal entity, the same rights as a living breathing person in the name of free speech. I will never understand that decision, especially since they don't hold the corporations to the same legal standards as a person. And what does free speech have to do with corporations being given the rights of individuals? I don't see the free speech angle.
As for Warren being picked for the position, anytime the people you want to control complain about the person you want to appoint, that is definitely the most qualified person.
Do not panic. Do not go for the glory. Just wait. It is not our ball to throw around in a tiff.
I just love this guy; so full of sense!
Great article as always Arianna.
http://www.youtube.com/watch?v=acLW1vFO-2Q
Sometimes to do the strategically best thing is much more 'courageous' than to do what is popular, for example.
In this case, we know that EW is extremely popular, so I don't see why you should need 'courage' to appoint her.
And of course she's perfectly qualified for the job.
But does that mean that there are no less 'mediatized' people who are as much consumer advocates as EW is? I don't see how that could be possible.
So if he wants to think about his poll numbers in the first place, he will appoint EW. But it's perfectly possible that the situation in DC is much more complicated, and that someone who's less known but as passionate about consumer protection and bank regulation as EW, is strategically a better option.
As Obama said himself:
"Instead of strategically applying our power and our principles, we too often set those principles aside as luxuries that we could no longer afford. And in this season of fear, too many of us -- Democrats and Republicans; politicians, journalists and citizens -- fell silent... if we continue to make decisions from within a climate of fear, we will make more mistakes."
He shouldn't 'fear' to do less popular things if strategically they are the best option available. And I think that the past has already shown that he doesn't.
He fears losing his and the D party's electoral bank rollers.
I agree with AH on this one. But I also think Obama is letting a fear of a few piss ants prevent him from raising his presidency into major respectability, and is instead worrying about the electoral short term. In other words, even the talk about his maybe having a one term presidency was mere Madison Avenue posturing. He is a marvelous poseur.
I started by saying that I don't see how 'psychological analyses' could be relevant when it comes to understanding what a president does.
Who will ever tell whether this president is 'afraid' of bankers or not .. ?
The only thing we know is that he just passed the toughest Wall Street regulations' bill in decades, and that as a consequence, big bank donators are leaving the DNC.
If he was afraid of bankers, he would have done what all his predecessors did: DEREGULATE the bank industry.
Any "situation in DC" that would be upset by EW is a good thing for the country - for main street. There is no "situation in DC" that can prevent a EW appointment if the President decides to make that situation.
“The reason to nominate Elizabeth Warren To Lead New Consumer Agency is political capital - it is political leadership. A EW appointment will ignite the base in November. A non EW nomination for the CFPB will deflate the Obama base in November. For the success of the administration nominate EW - this is a critical moment of political leadership.
Nominate EW at the signing cermony in July.
If not confirmable by the Senate then use a recess appointment in August - political capital is gained - Republicans exposed as anti consumer. This is the stuff that makes elections.”
As long as part of the 'base' is looking for 'signs' of Obama's good intentions, strong personal or moral character etc., we're losing the battle, that's always fought on very different grounds.
If you vote for someone, you do it because you share his/her IDEAS and believe in the STRATEGY heL/she proposes to move the country more in the direction of those ideas.
And strategy means: a strategy able to move DC into that direction, NOT the 'hearts' of part of the voters.
What we need to know is what the different options are, and what the strategic advantages and disadvantages of each of them are, in the long run. Speculation about Obama's character doesn't give us any real insight in what's happening, it doesn't allow to know what to do as citizens to move this country forward.
What I expect from a leftist blog is some new information about WHAT is determining the choice of the head of a consumer agency. We all love EW, but we don't know ANYTHING about the other candidates. To make her into some kind of symbol of the president's good intentions or worse, to see her appointment as the defining moment of Obama's presidency and to let voting behavior in November depend on it imo is simply a VERY bad political strategy.