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Jonathan Weiler

Jonathan Weiler

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Suck on This

Posted: 04/ 5/11 01:11 PM ET

Notes from a nation in which the wealthy and powerful increasingly act with near impunity and the lesser off just have to "suck on this" -- in the immortal and unwittingly apt phrase of one of our elite pundits.

1) Last week, former Fed Chairman Alan Greenspan weighed in on the wisdom of free markets and invisible hands:

"Today's competitive markets, whether we seek to recognise it or not, are driven by an international version of Adam Smith's "invisible hand" that is unredeemably opaque. With notably rare exceptions (2008, for example), the global "invisible hand" has created relatively stable exchange rates, interest rates, prices, and wage rates."

Lots of people had fun with this statement, including Henry Farrell and his readers at Crooked Timber. Among their efforts to contextualize Greenspan's remarks:

"With notably rare exceptions, Newt Gingrich is a loyal and faithful husband."

"With notably rare exceptions, Charles Manson has lived a peaceful life"

"With notably rare exceptions, Germany remained largely at peace with its neighbors during the 20th century."

In 2008, Alan Greenspan acknowledged that he found a "flaw" in his ideology about how markets work. Happily for him, it appears that he has recovered his former self-confidence. So, Greenspan presided over a calamity with devastating consequences for millions but no personal "skin" in the game and has managed to forget whatever remorse or sense of self-reflection about the consequences of his actions he might have briefly entertained. As for the people who have suffered the actual consequences: Naturally, they can "suck on this."

2) Here's a notable tidbit about Transocean, Ltd., the company whose rig exploded last Spring, causing the Gulf oil disaster:

"Transocean Ltd. gave its top executives bonuses for achieving the "best year in safety performance in our company's history" -- despite the explosion of its oil rig that killed 11 people and spilled 200 million gallons of oil into the Gulf of Mexico."

I trust no comment is necessary here.

3) This week, the Supreme Court handed down a 5-4 decision in which it determined that John Thompson, who was wrongly convicted of robbery and murder and spent eighteen years in jail in Louisiana, including fourteen on death row, was not entitled to compensatory damages, despite the fact that Supreme Court precedent deems it a constitutional offense to knowingly withhold exculpatory evidence (which happened at several points in Thompson's case). The majority opinion, written by Justice Thomas and a concurring opinion penned by Justice Scalia argued that only one person - in apparent willful denial of the actual case record - was guilty of withholding evidence and that this wasn't the DA's responsibility. Slate's Dahlia Lithwick described Thomas' and Scalia's opinions as a "master class in human apathy." Of course, why should they care about whether Thompson receives justice? He's just a loser-nobody, after all.

4) On ABC's This Week on Sunday, former Bush administration spokeswoman Torie Clarke repeated the incessant meme that businesses aren't investing or hiring because of "uncertainty," despite there being no credible evidence for that supposition. Recall that a key premise of capitalism is that there is a fundamental relationship between risk and reward, which drives innovation, progress and wealth creation. Notwithstanding this basic premise, wealthy corporations are sitting on record piles of cash, making record profits, doling out record bonuses and still we're hearing that these poor babies are unable to act because there might be new taxes someday, or new regulations or new trade agreements. In other words, what we once called "life" has now been re-defined as intolerable and paralyzing uncertainty.

This is, of course, in stark contrast to the message that ordinary workers, unionized and otherwise, receive every second of every day: your lives are too secure; you need to learn how to live within more modest means, like "everyone" else; that a generous welfare state is too indulgent, disincentivizing people from entering the crucible of competition and, yes, uncertainty, that makes our magnificent system the extraordinarily productive beast it has always been. Corporations cannot be expected to be productive unless they have an entirely predictable playing field on which to act. Ordinary workers cannot be expected to be productive as long as they face an entirely predictable playing field in which to act. In other words, message to corporations -- we're sorry to trouble you in anyway (remember Congressman Joe Barton's pathetic apology to BP last year?). Message to workers - "suck on this."

5) William Greider's article in the latest issue of The Nation documents the degree to which the Justice Department is increasingly giving a pass to large corporations that have engaged in potentially criminal misconduct.

The New York Times reported last year that federal judges were expressing mounting frustration with the sweetheart deals that prosecutors were cutting with big banks.

Along those lines, Greider quoted former Delaware Senator Ted Kaufman about the alarming degree of law-breaking and impunity from prosecution among our largest enterprises: "at the end of the day, this is a test of whether we have one justice system in this country or two. If we do not treat a Wall Street firm that defrauded investors of millions of dollars the same way we treat someone who stole $500 from a cash register, then how can we expect our citizens to have any faith in the rule of law?" Unfortunately, we already know the answer to that question. After all, Treasury Secretary Tim Geithner has dismissively said that calls for prosecuting wrongdoing in the financial collapse reflect a "very deep desire for Old Testament justice."

Geithner can rest easy, though. The fact that not a single financial executive has gone to jail in connection with the 2008 meltdown and that, instead, Wall Street received a massive bailout for its troubles, suggests that we're a very long way from realizing his deep-seated fears of public retribution.

Two nations, separate and unequal.

 
 
 

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HUFFPOST SUPER USER
American In Chicago
11:26 AM on 04/06/2011
This was a good piece. For further comment along these lines read Chris Hedges columns:

http://www.truthdig.com/chris_hedges
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HUFFPOST SUPER USER
Carl Caroli
I just don't understand people
08:16 AM on 04/06/2011
When business people and law makers act with impunity, they need to be smacked down hard by the majority. It's the only way, folks. Aristocrats always think they are entitled to live better than the rest of us. They need to be reminded they put their pants on the same as everyone else.
06:37 AM on 04/06/2011
Old school progressive message. I find this refreshing in an era of political correctness. An era that chastised the American public for saying what they think. If you believe it. Say it. Take what comes next and learn from it. I think that would foster honesty as well as responsibility in our country.The English language allows for this without being cruel or hateful.

Strong progressive ideas. Unflinching determination to convince the electorate. Bold elected officials who are Americans first. Democrats second. This will set the tone and course of this century.

Just an opinion..
01:48 AM on 04/06/2011
I guess this is a the new example of "beyond left and right". A coarser, more vulgar, more bias view of America.
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12:54 AM on 04/06/2011
Introducing a) the Guiolltine Party or b) the Sleeping Tiger Awake Mobilization Party (STAMP). Run Aristos run.
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HUFFPOST SUPER USER
Dave F
Former Republican. Liberal = liberty.
10:53 PM on 04/05/2011
This is perhaps one of the best pieces I have ever read on HP. Superbly written, and I particularly like the well-deserved snarkiness towards the elite and uber-wealthy. Now if we'd only get some folks in office who would DO something about it, then the rest of us might actually have a shot at the American Dream again.
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HUFFPOST SUPER USER
Edward Standley
opinionated jerk
06:34 AM on 04/06/2011
I'm kind of an old geezer, but I have a lot of hope that the explosion in instant communications and social networking will be very instrumental in helping Americans regain some control in Washington. Up until recently, there really haven't been many ways that average citizens could promote a candidate that is "one of their own" effectively. I think that is changing.
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HUFFPOST SUPER USER
Dave F
Former Republican. Liberal = liberty.
06:04 PM on 04/06/2011
The thing that occurred to me recently, is that given all of the social media out there and ways with which a person can reach a large number of people, it would be wonderful if a plain spoken candidate could harness that technology and simply run against BOTH parties. Have a 100% people-funded campaign, so as not to be beholden to either party power structure, or, more importantly, ANY lobbyists.

Imagine that for a moment - a representative that would actually REPRESENT his/her constituents, because their funding was not dependent upon lobbyists and special interests, but rather the actual citizens living in the rep's district.

A pipe dream right now perhaps, but not out of the realm of possibility for someone to achieve in the near future.
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SmileAndActNice
Utilitarianism, the -ism that works.
10:21 PM on 04/05/2011
In a truly classless society there is a high degree of social mobility. You are what you make of yourself, not what you were born to be.

But social mobility has to go in both directions. Otherwise you end up with not much room at the top and the whole thing stalls out. The high class safety net that keeps the wealthy ... wealthy ... no matter how badly they frak up ... is a huge problem. Seperate justice systems is part of the problem.

Heck, we actually have three justice systems now. The hand slap/stern talking to system for the leisure class. The real justice system. And the water/boarding torture system for the folks we don't like much.

You don't get much more un-American than that. One rule of law for all is part of what America stands for.
This needs to stop.
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doriath22
Born-again Jacobin. Robespierre had the right idea
09:12 PM on 04/05/2011
And the pigs put up a new placard, reading "all animals are equal, but some are more equal than others"
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Sarah Parsons
if I had a micro-bio, this would be it.
08:32 PM on 04/05/2011
I think the problem is that they really don't think others sinking in this economy are the problem. They see that as the natural order restored, feudalism.
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HUFFPOST COMMUNITY MODERATOR
Dosadi
Political agnostic
08:15 PM on 04/05/2011
Great article, too bad the people who need to read it can't read.
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laurieanichols
je pense donc, je suis
07:55 PM on 04/05/2011
It is really disgusting that the manner upon which the elite flout the law that ordinary people must follow in their daily lives. The chasm that exists between the wealthy and the average is such that unless we the average American worker do something to change up the game and its rules, will widen more year after year and become even more entrenched. How to rebuild the unions when most of our jobs are overseas, both political parties have been co-opted by the oligarch's and the political establishment enjoys the business as usual version of their reality. Their reality doesn't reflect our everyday reality. Russ Feingold is onto something, U.S. Uncut is also involved in good works and the nation wide rallies that continue to remind the politicians that we the workers are serious are all good places to start. We can't fold or become disheartened, our futures are on the line.
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Jerry Vasquez
A Unapologetic liberal
07:00 PM on 04/05/2011
Simply one of, If not the best, article that I read prof. Weiler. Do you have any more in you?
I would love to read them.
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the crustybastard
I could be worse, and have been.
06:42 PM on 04/05/2011
That was a spectacular commentary.

A better title would have drawn in more readers. Pity.
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usorthem3
06:03 PM on 04/05/2011
I'm right there with you. Glad I know how to be poor because it looks like we are in for the long haul on this one. "I'm just sitting here watching the wheels go round & round."
03:18 PM on 04/05/2011
After reading the story on Slate for #3, I have to ask - What does a Justice need to do to be impeached or removed from the bench?
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Jerry Vasquez
A Unapologetic liberal
07:05 PM on 04/05/2011
After the debacle that is thomas, It would have to be a truly heinous crime. Perhaps against a
republican, lest they would be only to happy to cover for him.
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Sarazzara
La Fanciulla del East Coast
07:26 PM on 04/05/2011
Die in office, I believe.