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Mike Lux

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Shaking Their Windows and Rattling Their Walls

Posted: 01/20/2012 5:04 pm

A few months back, before all the sit-ins and other activity, spurred in great part by friends and family back home (I am from Nebraska), I was asking a friend in the administration about the Keystone Pipeline issue. They told me that it really wasn't all that important a policy decision and that it would be made by technical staffers in the State Department with the president playing no role in it. Reading between the lines, I was getting clear signals it was a done deal. And now, for at least another year, it's dead.

On another front, in December, I was inquiring of a very senior Senate staffer about the SOPA/PIPA issue, saying that while I certainly understood the need to do something about intellectual property piracy issues, that I was hearing from some friends in the netroots world that there was some overkill in these bills, and that perhaps senators ought to slow down and listen to the concerns different folks had. I was told that the train had left the station, and it was an unstoppable done deal. And now SOPA is dead as well.

Here's another one: in December, people who care about the Consumer Financial Protection Bureau were in open despair about ever getting the administration to move on recess appointing Rich Cordray to head the bureau. It seemed like the White House and Harry Reid just didn't want to pick the fight and force the issue. But pick the fight they did, and today Rich Cordray truly is acting like the new sheriff in town, taking on exploitive bankers right and left.

As Bob Dylan would put it, the times they are a-changin'. There's a storm outside and it's raging, baby. We really are shaking their windows and rattling their walls. Done deals are not getting done. Dead appointments are acting like Lazarus and rising from the dead. The establishment is getting very, very nervous. And grassroots activists, from the occupiers to the netroots to those chaining themselves to the White House fence or sitting in at the Wisconsin Capitol last year, are shaking and rattling things all over. I noted today where the head of the Motion Picture Association of America, former Sen. Chris Dodd, told the New York Times,

"This is altogether a new effect," ... comparing the online movement to the Arab Spring. He could not remember seeing "an effort that was moving with this degree of support change this dramatically" in the last four decades, he added.

He called for a summit between the Silicon Valley and Hollywood powers that be, but given that it was really the netroots that derailed this bill with no money and no high-paid lobbyists making their case, I'd strongly suggest to Sen. Dodd that they include some representatives of those netroots activists in the room, because the powers that be could come to terms and the netroots still could blow things up.

Progressive activists should feel incredibly good about all they have accomplished in the last year, and should feel good as well that President Obama -- even if it is sometimes more slowly or reluctantly than we would like -- is understanding that on a range of issues, it is politically smart of him to be aligned with these grassroots movement. But it is also no time to pat ourselves on the back: over the next 72 hours, an enormous issue will probably get resolved that will be the biggest single thing that will determine whether the dead housing market, as well as the broader economy, will get a boost that will bring it to life: the bank settlement deal. How this issue gets resolved not only will have a massive impact on the economy, it will go a very long ways in whether the President can credibly run for re-election as the guy who took on Wall Street and held them accountable when the chips were down.

The deal will be announced on Monday. Here's what to look for:

-First, and most importantly, does the administration commit to a comprehensive investigation into the misconduct that led to the collapse of the economy and partner with the likes of aggressive AG's like Eric Schneiderman on such an investigation? Does it have adequate staffing and a clear mandate to fully and broadly investigate the big Wall Street companies that clearly were engaged in all kinds of fraudulent activity in the years that led up to the financial panic of 2008? Will the bankers be brought to justice? If a bigger investigation is launched, given all the stinking dirty laundry the bankers have, we are almost certain to get a much bigger, better deal in the not too distant future, because their lawyers will tell them to cave.

-Second, on the settlement over the robo-signing perjuries, is the release granted the banks the narrowest possible release, or does it let the bankers off the hook for a wide range of fraudulent behavior? A narrow release allows the AGs that want to do more investigation, as well as any task force set up, to do a far more sweeping investigation in the coming months.

-Third, is the principal reduction that is supposed to come from this settlement have specifically enforceable timelines? Do the banks have to come up with the money by a given date, into a specified fund, or does this look like the disastrous HAMP program that was left to the banks' discretion and therefore helped only a tiny fraction of homeowners?

-Fourth, how much money are we talking about anyway? I want, and the country needs, several hundred billion in mortgage writedowns. We won't get that out of this settlement, but we might out of a broader tougher investigation. However even for this first step, the idea of getting just $20 or $25 billion, as has been leaked to various reporters, would be a real disappointment. Knowing that there was almost certainly more to come, I could be happy with more like $50 billion.

I have long been convinced that the health of our economy over the next few years, whether it will be a Japan's lost decade kind of scenario or whether we fix the black hole of the housing market so that the entire economy can start to move again, will rest greatly on how this decision goes down. In part because of its effect on the economy, and in part because Obama's best chance of winning by far is to run against Bain Capital and the predators on Wall Street, I also believe this decision will be the biggest decider in terms of whether Obama wins re-election. So if you care about any of that, or if you just care about holding Wall Street accountable, let the White House know what you think this weekend: sign this petition, call the White House switchboard (202-456-1414) or campaign headquarters this weekend, let them know what you think. People on the inside of these negotiations tell me things are still on the knife's edge, and you can make a difference.

I will close by noting that, as I wrote about in my book The Progressive Revolution, positive change in America happens because of the combination of big progressive movements and Presidents open to that change. The last few victories progressives have won have shown us that formula is starting to work again. Let's hope the next 72 hours show us that the progressive movement can muster its troops to make Wall Street accountability happen, and that the president remains open to change.

 

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HUFFPOST SUPER USER
PotomacOracle
The Solution:debt free credit clearing systems
08:30 AM on 01/23/2012
One constraint the President will need to deal with now is Holder's relationship with Wall St and Law firms he worked with who represented Wall ST firms. Holder's tacit consent to the argument that fraud is difficult to prove and requires more resources than he commands is, on its face disingenuous. If it leaks that Holder will not recuse himself from investigation and will not agree to appoint an Independent Cousel he should be fired for misfeasance.
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humanbeing-rick
Born in the USA 1947
05:55 PM on 01/22/2012
Bob Dylan is a prophet, and a poet. Here is the full chorus the quote came from:
"Come senators, congressmen
Please heed the call
Don't stand in the doorway
Don't block up the hall
For he that gets hurt
Will be he who has stalled
There's a battle outside ragin'.
It'll soon shake your windows
And rattle your walls
For the times they are a-changin'."
- Bob Dylan
03:27 PM on 01/22/2012
I find this article very interesting because of its glaring omission of the Occupy movement. The author, his organization and the rest of the netroots have been railing for years about all this stuff. And only when the Occupy movement came to town did something actually happen. The netroots has been yammering for years. But it takes people who are willing to physically show up and put their bodies on the line. The protests in Wisconsin which ultimately led to the recall of Scott Walker, the protests around Keystone and the protests around SOPA had very little to do with the netroots. It was all on the ground, grassroots organizing. And quite frankly, I credit the SOPA defeat to the fact that very big money tech companies took on the big money entertainment companies. Yes, the efforts of those tech companies did generate a lot of calls to legislators. But before they became involved, the usual suspects were using the web to try to generate outrage, and it did not move the politicians. So I am a little more cynical about this one than the author is.

Anyway, I do agree that we have to keep the pressure on Obama on resolving the housing crisis. But more importantly, we need to work on getting money out of politics. Because, unless and until we do that, we will still face government that is responsive only to the needs of its funders and not we the people.
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HUFFPOST SUPER USER
legalgirl
Just a legal girl on a mission for the truth
12:52 PM on 01/22/2012
"Whether the President can credibly run for re-election as the guy who took on Wall Street and held them accountable when the chips were down." It's not about "greed" per se, or class warfare, or even inequality (although all of these matter), it's about getting fleeced by your OWN GOVERNMENT. If President Obama doesn't figure this out, he's toast. Get on board or get lost because that train has left the station.
ThePeacemakers
Concerned Citizen
10:32 AM on 01/22/2012
If settlements let them off the hook from any further investigations or prosecutions, your children and their children and their children will be next for fleecing.
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onegandolf1
10:25 AM on 01/22/2012
I think that it would be wise for Obama to meet with some representatives of Netroots & Occupy to talk about things like punishment for Wall Street Execs and former bush Administration Officials.

It's still not too late for a Third Party Candidate, Barack. Wouldn't it be a shame if that person took away enough votes to put one of those Clowns running against you into The White House?

We wouldn't do that? Oh yeah, try us !
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02:52 PM on 01/22/2012
Third party, or independent candidates, have two problems. The first is the huge amount of money needed; this graph gives some idea:

http://www.opensecrets.org/pres08/
Banking on Becoming President | OpenSecrets

That was before the SCOTUS "Citizens United" decision

The second problem is that ballot access laws have been rigged by the two-party duopoly to make it almost impossible for independen­t or third-part­y candidates to get on the ballots:

http://www.thelibertyvoice.com/ralph-nader-ron-paul-agree-ballot-access-laws-are-rigged-against-independent-third-party-candidates
Ralph Nader & Ron Paul Agree: Ballot Access Laws are Rigged Against Independen­t & Third Party Candidates | The Liberty Voice

http://rangevoting.org/Strangle.html
RangeVoting.org - Stranglehold of 2-party domination

Even the Green Party doesn't have ballot access in all states:

http://www.gp.org/committees/ballot/
Green Party Ballot Access Committee

http://www.freeandequal.org/videos/free-equal-ballot-access-movie/
Free & Equal Ballot Access Movie

There was more turnover in the Soviet Politburo than in the U.S. Congress

There is some progress:

http://www.freeandequal.org/2011/04/ballot-access-reform-bills-in-16-states-nation-wide/
Ballot access reform bills in 16 states nation-wide | Free And Equal
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04:00 PM on 01/22/2012
Nader-hating Democrats will be by shortly to defend the two-party duopoly, claiming that a third-party or independent candidate would risk a Republican victory

The two-party duopoly has a stranglehold on ballot access laws. Not even the Green Party has ballot access laws in all states.

"Always vote for principle, though you may vote alone, and you may cherish the sweetest reflection that your vote is never lost." -- John Quincy Adams
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HUFFPOST SUPER USER
bcinu2
Slow down and go Faster
07:06 AM on 01/22/2012
Wall Street and the Bankers are very much in need of being indicted for their frauds and crimes. Every Corporation or business proven to have acted criminally should have the leaders arrested tried and if guilty sent off to serve long prison sentences. The assets gained from deceptive and unlawful actions should be seized. Restitution should be made to those who suffered losses, and regulatory reforms should be made to prevent whole sale looting of the world economy again.........bc
01:37 AM on 01/22/2012
You forgot to listen to that other Dylan classic 'Masters Of War.' There can be no meaningful change in this country without a fundamental restructuring of our military/industrial/security complex.
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jcaunter
Profile: schizoid, INTJ, IQ145
01:08 AM on 01/22/2012
I think people, especially on the left, are coming to see through the charade perpetuated by the veal-pen "liberals" that Obama is any different from Bush, so I've felt less compelled to push that point lately.
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mater
mater
04:22 AM on 01/22/2012
So, you're saying he's a Republican by association--isn't that what you want?
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HUFFPOST SUPER USER
jcaunter
Profile: schizoid, INTJ, IQ145
04:43 AM on 01/22/2012
No, Democrats are Democrats and Republicans are Republicans. But it's a fact that they are both equally corrupt, so you really shouldn't care which of them are in office. You have no way of voting against the interests of Goldman Sachs come November no matter which you support.
11:16 PM on 01/21/2012
No criminal prosecutions, no real accountability, no serious settlement.

Obama won his last election mostly on the massive support from moderates, those same moderates are not going to support him this time. Right now the bankers are friends, Obama has given them pretty much everything they wanted up to now but if he changes tactics and goes after them in a big way, that will be another problem for him for the election.

From the little I have seen a bunch of bankers should go to jail, the number of laws that were broken are difficult to believe, but will Obama choose what is right for America or what is right for himself?

I hope he does the right thing, but I have to predict he will not, at most maybe a couple scapegoats and a small settlement.
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HUFFPOST SUPER USER
bcinu2
Slow down and go Faster
08:11 AM on 01/22/2012
I believe that President Obama was sincere in his wanting to fix the economy and force change in Washington. I believe the President was rolled by Wall Street, Big Pharma, the Congress, and the Military the first 3 years in office. Now, being more aware of the inner workings of Washington DC and just how business was conducted, he has begun to arm himself with the right team and weapons to affect that change.
If he is to be re-elected this year he recognizes Main Street must be their due as is evidenced of the world wide OWS movement actions. I further feel he understands the OWS folks have only begun and the expectations of many who are now organizing and preparing to mobilize come Spring time.
We are beginning to see a few signs of Obama asserting his policies. For instance, he sandbagged the GOTP on the first debt ceiling fight and boxed Boehner and Cantor into a corner. The outcome there being the trillion dollars being slashed from the Defense Budget the next ten years.
10:42 PM on 01/22/2012
So where is all the smarts everyone claimed he had before the election? I am sorry but you can't have it both ways, if you claim now he was an inexperienced powerless politician for this term and that is why he messed up so bad then he should never have been there in the first place.

He promised us all that he knew what he was doing, remember him saying that politicians should not even read the Stim bill and pass it as fast as possible? Keep unemployment below 8%?

We should have put Hillary in there, she would have at least had the guts to stand by what she did instead of being an excuse machine, that woman has integrity if nothing else.
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HUFFPOST SUPER USER
bcinu2
Slow down and go Faster
08:13 AM on 01/22/2012
***{part to of my post continued} Our military is now being reorganized into a smaller more cohesive force, and the Generals have not taken to the airwaves to create a groundswell of fear needed to stop Obama's restructuring. Another instance is the fight that took place between the administration and the GOTP rank and file over the payroll tax extension efforts. The Presidents strategy in that effort turned the GOTP inside out as they went down in flames while waiting to take their vacations more commonly called recesses. Largely silent, the GOTP leadership took their leave[s] to travel the world on the taxpayer's dimes. They were left with little room to do anything but cave in to the populist demands of the voters. In another example of the White House's voice gaining some volume, there are now some judges who refused to approve some settlements between the too big to fail Banking institutions and a variety of State Attorney Generals. Will there be a shift in the White House on the issue of criminal investigations of Wall Street. Will he direct AG Holder to pursue charges being brought for the hundred of thousands of criminal acts that became widespread?
Being an astute politician, Mr. Obama recognizes the need for the people that is his core supporters to re-elect him demanding he stand up to the 1% on main street's behalf.
10:46 PM on 01/22/2012
The DOJ has already blocked many attempts to prosecute the bankers as ordered by Obama, there should not be any deal that cuts out local state prosecutors because it seems like Immigration, the feds will refuse to do their jobs and states will have to try their best to do what Obama will not.
10:58 PM on 01/21/2012
The tide has turned and the GOP knows the handwriting is on the wall. The one thing the progressive movement needs is total commitment. That means voting on election day. Too many Democrats think the other Democrats are voting and that your vote doesn't mean much, and that is a very very huge mistake. The only reason the GOP won in 2010 was because they got their masses excited and had a reason to go vote. We can not let this once in century chance slip away. To continue to shore up our drive for equality and to support the middle class is to vote in this election. If we want to keep our Democracy free from CORPORATE rule and keep our Democracy off the auction block, the time is now to get the vote out and talk to every one we know. It is all up to each and every one of us.
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Heroldness
12:32 PM on 01/22/2012
Well said Joe. I to like many other Democrats have become ill at heart at the way our president seemed to do none of the things he promised during his last campaign. In the last few months I have seen a glimer of hope that he now understands that he has to take every advantage he can to overcome the Republican obstructionist. Is it enough? Probably not.................at least not yet. But if we sit by as so many independents and those disallusioned voters say and cast our votes for the Republicans or not vote at all then we will give the right every right to put our Democracy on the auction block. I'm tired of hearing the battle cry of "vote for the lesser of two evils". Just as the Christian right out there refuses to lose their faith, I say it is time we refuse to lose our faith in our President. Five years from now will be the time we make the final decision on the Obama presidency and whether it was BAD. If it was then we can put the nails in the coffin of Democracy and I have no doubt that civil war will engulf this country. But let's not throw away our votes at this point because if we do we will only bring that war about much sooner.
08:29 PM on 01/21/2012
An economy based on manufacturing, communications and transportation was replaced by an economy based on electronics, telecommunication and information. Now is the time to move to yet another economy, based on switching our energy model to wind and solar power, with the integration of modern technologies and their applications throughout the economy and society. Instead of making this change a national priority, we have spent any available public capital on ever-expanding wars and the criminal justice/prison system. Private capital has evaporated in the still unpunished financial swindles. It could be different.
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Craig2
Living in the great State of Jefferson
05:56 PM on 01/21/2012
Good afternoon, The sheer exhilaration! Watching Congress, tails between their legs, running for the wings. Everything was nornal. Corporate Oligarchs had spread around the money. Their "Nine Hundred Pound Gorilla" attorneys had written the law... just the way they wanted. Congress had Hearings that insured that no one, not even Congress, understood the law. They had former Senator Chris Dodd as their lobbiest. They created cute accomyns, SOPA & PIPA. "It was in the bag." What could go wrong? The American Citizen that's what.
KUDO's to Senators Ron Wyden and Jeff Merkley of Oregon for helping to bring this issue to a front burnner where we could all smell it.
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ScreenName05
04:56 PM on 01/21/2012
Uh, no it won't. And we haven't seen anything but baby steps yet. Nothing is going to bring the economy back until Glass Stegal is put back in place and the cycle of gambling that creates the booms and busts is put back into the genie's bottle, Nothing is going to change the government debt problem until we cut military spending - by at least 50%, and raise taxes to pay for the orgy we conducted in the last 11 years. And nothing is going to stimulate the economy to recover until we get serious about investment in our infrastructure and education.
07:40 PM on 01/21/2012
I couldn't agree more! f & f.
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11:05 PM on 01/21/2012
Resurrection of Glass-Steagall would be a violation of the WTO Financial Services Agreement...

http://www.citizen.org/documents/FinanceReregulationFactSheetFINAL.pdf
To Rescue Main Street, We Need to Curb the WTO

"...Starti­ng in the late 1970s, the U.S. government and corporatio­ns pushed to redefine “finance” from a service that supports the real economy to a tradable commodity whose flow across borders should be uninhibite­d. Starting in the late 1980s, they successful­ly pushed for financial services to be included in “trade” negotiatio­ns, including those establishi­ng the World Trade Organizati­on (WTO). “The sector was truly unique in that respect, and there is little doubt within the trade policy community that financial sector support in the European Union and the United States was a determinin­g force in concluding the FSA [WTO Financial Services Agreement]­” notes a study posted on the WTO’s own website “Financial Services and the WTO: What Next?”

The WTO rules require deregulati­­on – and lock-in – of financial services that countries “liberaliz­­e” under these terms.

[snip]

For instance, the Glass-Stea­­gall Act created a firewall between commercial and investment banks to prevent the former from speculatin­­g with consumers’ savings. But the U.S.’ 1997 FSA commitment­­s noted an intent to change Glass-Stea­­gall to conform with WTO rules. The Gramm-Leac­­h-Bliley Act, which did so, passed in 1999 – the year the FSA went into effect....­­"

One solution: leave the WTO
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HUFFPOST SUPER USER
moevaughn
facta non verba
03:01 PM on 01/21/2012
re: fiscal conservative v. liberal. It's both. Our tax money has to go where it actually works to stimulate an economic bubble up. A lot of it is ill spent. In the Clinton years, a lot of waste was cut and that helped to actually balance the budget. So let's go after the real waste, and I'd also like to see serious cuts made to our representatives' salaries and their outrageous benefits and pensions. Not only cut our elected representatives' pay, but also the president's and all the people appointed to run our government agencies. Our money can be better spent, that's for sure. And why should the president get free housing at his pay grade level? Let him pay his own way like all the rest of us. Does he pay for utilities, etc?
Take the money we save and, like Solon did way back in Classical times, apply it to more loan forgiveness -- for those losing their homes and those bankrupted by student loan debt. We can do this in a fair way. For homeowners, give them a reasonable and affordable interest rate on their current mortgage. For graduated and future students, make compounding interest rates illegal.
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moevaughn
facta non verba
03:37 PM on 01/21/2012
more on making compounding interest rates (on student loans) illegal: In other words, students pay back what they actually borrowed with a modest non-compounding interest rate of, say, 3% (which is what they paid back in 50s). Students now pay double and triple what they actually borrowed, and this is not right!! This, along with reducing mortgage interest rates, would stimulate much-needed bubble-up.