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Miles Mogulescu

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A Corrupt S&P Uses Shock Doctrine to Help Push Wall Street's Conservative Political Agenda

Posted: 08/08/11 10:36 AM ET

S&P's opinion on debt ratings should have almost no credibility.

S&P is the same private profit-making corporation that was paid tens of millions of dollars by Wall Street banks to rate its toxic subprime mortgages and derivatives, giving them phony AAA ratings. S&P's conflicts of interest played a key role in causing the housing bubble and the resulting financial crisis that led directly to the Great Recession, the loss of millions of jobs, and the ballooning of the Federal debt.

Now this very same private company whose malpractice helped balloon the Federal debt turns around and downgrades the US debt rating due to its own political, rather than economic, analysis.

There is absolutely no reason to believe that bonds backed by the full faith and credit of the United States of America will not be repaid, which would be the sole reason to downgrade their credit rating.

Indeed global credit markets have acting like they fundamentally disagree with S&P that the U.S. government represents a credit risk. Since early 2011 -- during the very period in which Congress has been debating the debt ceiling increase -- the interest rate on 10-Year US Treasury Bonds have decreased by nearly 1/3 from over 3.6% to around 2.5%. If global financial markets -- which reflect the collective economic views of investors around the world -- believed that there was any credible risk that the US government wouldn't pay them back, would they be pouring trillions of dollars into US government debt at near record-low interest rates?

But S&P has apparently decided that the markets are wrong. And in doing so, they will likely impact credit markets and increase the interest on US debt, forcing the US government, as well as individual American citizens and corporate borrowers, to pay tens or hundreds of billions of dollars more in interest, further increasing the deficit.

By S&P's own admission, its downgrade decision was made more for political than economic reasons. In its Press Release justifying the downgrade, S & P stated:

"We lowered our long-term rating on the U.S. because we believe that the prolonged controversy over raising the statutory debt ceiling and the related fiscal policy debate indicate that further near-term progress containing the growth in public spending, especially on entitlements (emphasis added), or on reaching an agreement on raising revenues is less likely than we previously assumed and will remain a contentious and fitful process".
Early Friday afternoon when S&P first contacted the Treasury Department to alert it to the pending downgrade, John Bellows, Acting Assistant Secretary for Economic Policy, found a $2 trillion "basic math error" in S&P's calculations and alerted S&P. According to Bellows, S&P acknowledged the error in private conversation with Treasury but proceeded to issue their downgrade anyway and "simply removed a prominent discussion of the economic justification from their document", focusing less on the economics and more on the politics. As Bellows wrote on the Treasury Department's website,
The impact of this mistake was to dramatically overstate projected deficits--by $2 trillion over 10 years. As anybody who has followed the fiscal discussions knows, a change of this magnitude is very significant. Nonetheless, S&P did not believe a mistake of this magnitude was significant enough to warrant reconsidering their judgment, or even significant enough to warrant another day to carefully re-evaluate their analysis...


Independent of this error, there is no justifiable rationale for downgrading the debt of the United States. ..The magnitude of this mistake -- and the haste with which S&P changed its principal rationale for action when presented with this error -- raise fundamental questions about the credibility and integrity of S&P's ratings action (emphasis added).

S&P's response was that a mere $2 trillion error in their calculations was no reason to reconsider their downgrade. On a Saturday conference call with reporters, top S&P executives said the "the 'extremely difficult' political discussions in Washington over how to reduce the more than $1 trillion budget deficit carried more weight in their decision than the nation's outstanding debt."

In other words, S&P itself admitted that its downgrade decision was more political than economic. This goes way beyond the traditional role of credit rating agencies. WTF?

S&P's top executives are not political naifs. They certainly knew that S&P's decision would be a political bombshell that won't just reflect the American political debate but fundamentally reshape it.

Since they know full well that all but a handful of Republican House and Senate members have signed Grover Norquist's pledge to never raise a single tax or close a single loophole, they understand that Congressional action aimed at appeasing S&P's executives and restoring America's AAA rating can only come from further spending cuts and moreover, to be large enough, they must come from cuts to Medicare, Medicaid and Social Security.

Moreover, they understand that whatever the short-term political fallout -- whether more Americans blame Republicans or Democrats -- in the longer run S&P's downgrade will harm President Obama's reelection chances. Although in my own view Obama has been far too lenient on Wall Street, Wall Street is lobbying furiously to undermine even the modest financial regulation in the Dodd-Frank Financial Reform Act. This will be far easier with a Republican President and Republican control of both Houses of Congress in 2012. Republicans will relentlessly attack Obama as "the first President in history on whose watch America's AAA credit rating was downgraded." And as S&P executives must surely know, this will impact the 2012 elections.

This almost feels like a replay of Bush v. Gore, except this time it's a private, profit-making, corporation, not a 5-4 majority of Republican-appointed Supreme Court justices, that may play a big role in determining the next President.

The general public does not understand that by their very nature, S&P and the other major credit-rating agencies are inherently corrupt. People assume that they are neutral judges -- something like Consumer Reports -- with no economic self-interest in coming to one conclusion or another. This is completely false.

The credit rating agencies make a substantial portion of their profits from payments from Wall Street banks to rate the very securities that that the bankers are selling. As reported in Simon Johnson & James Kwak's book 13 Bankers,

According to Jim Finkel of Dynamic Credit, which created structured products, 'Wall Street said, 'Hey, if you don't [give me the rating I want], the guy across the street will. And we'll get them all the business.' And they just played the rating agencies off one another.'

One of the 10 key findings of the Congressional Committee charged with investigating the causes of the 2008 economic crisis was the following:

We conclude the failures of credit rating agencies were essential cogs in the wheel of financial destruction. The three credit rating agencies were key enablers of the financial meltdown. The mortgage-related securities at the heart of the crisis could not have been marketed and sold without their seal of approval. Investors relied on them, often blindly...This crisis could not have happened without the rating agencies.
It is this financial crisis that S&P helped create which has increased the federal debt to the tune of several trillion dollars by decreasing economic activity leading to decreased tax revenues and increased government payments to mitigate the effects of the downturn through things like the bank bailout, increased unemployment payments, increased Medicaid payments, and a necessary, but too-small stimulus program.

As Paul Krugman wrote on his blog this weekend,

It's hard to think of anyone less qualified to pass judgment on America than the ratings agencies. The people who rated subprime-backed securities are now declaring that they are the judges of fiscal policy? Really?


...In short, S & P is just making stuff up -- and after the mortgage debacle, they really don't have that right...So this is an outrage.

S&P's downgrade demonstrates the "Shock Doctrine" in dramatic action. Republicans create an artificial crisis by, for the first time in history, making the raising of the debt ceiling not an automatic piece of housekeeping but a hostage to their political goals. Then, when the debt ceiling is raised after John Boehner crows that he achieved 98% of his political goals, a corrupt and conflicted S&P follows in behind and downgrades America's debt ceiling anyway for transparently political reasons. The result is likely to be increased pressure to cut Medicare, Social Security and Medicare, and perhaps even to significantly influence the results of the 2012 election to favor Republicans.

The U.S. government and the Obama administration has plenty of tools to make S&P and the other credit agencies think twice before continuing to use their undue influence to meddle in American politics. The Senate should hold hearings on whether S&P allowed political calculations to influence their debt ratings. And the Justice Department should conduct criminal investigations of the credit agencies' practices in effectively taking Wall Street bribes to give AAA ratings to subprime mortgages and derivatives. The Securities and Exchange Commission -- which has regulatory oversight of the ratings agencies -- should open an investigation of possible civil violations. This weekend police in Milan raided the office of S&P and Moody's as part of an investigation on their role in creating financial turmoil. That's more like it.

The Federal Government has plenty of power to punish a rogue credit rating agency. It's time for the Obama administration to strike back at its political enemies, not appease them. And S&P has clearly declared itself the enemy not only of the Obama administration but of the American people. Hit S&P in its pocketbook, the only thing it ultimately cares about.

If the US government starts legal investigations of S&P, it will, of course, be accused of being political and seeking retribution from the ratings agencies. But it is the ratings agencies that have corrupted and politicized the ratings process. And this may be the only way to get the media to pay attention to the corruption baked into the very heart of the ratings agencies' business model.

As it is, the media reports the S&P downgrade like its nothing but an objective evaluation by an unbiased and neutral arbiter. Where are the reports on ABC, CBS, NBC, AP, USA Today, Time Magazine, and other major media outlets investigating whether S&P's ratings are inherently biased by conflicts of interest and based upon political considerations they have no right to use? Outrageous!

 
 
 
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09:32 PM on 08/10/2011
An unenlightened life is full of suffering.

Instead of banding together, I hear that the Republicans & Democrats involved with this whole kerfuffle are screeching like domesticated primates, blaming each other. When really they should be working TOGETHER to solve the problems.

I hope that they can overcome their stupid tribalisms and actually start working together to solve this.
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Craig2
Living in the great State of Jefferson
11:54 PM on 08/09/2011
Good evening, So, a really rich oligarch type opens 100 fake corporatio­ns and has each one give say, $100,000,0­00.00 to Standard & Poor's. It could happen. Then Standard & Poor's does what the oligarch type wants say, drop America's credit rating from AAA to AA+. I'm just saying, it could happen. Now the oligarch would do this because he was evil and wanted to see President Obama fail. The Worlds economies would fail and George Bush Jr. (Shrub, LTMI) will be re-call back into the Presidenti­al Office to save the World again. This whole thing has Grover Norquist's fingerprin­ts all over it. Oligarchs rule!
07:22 AM on 08/09/2011
How come nobody ever sued the rating agencies after the meltdown? All the retirement funds and most other buyers only bought the subprime CDO-s because they were rated AAA..
02:28 AM on 08/09/2011
Money talks.

He who has the money makes the rules.

Obama is....to be polite about it....ineffective. (Yes, I'm a Dem.)
He thinks he can be the great negotiator and will get reasonable compromises.

The truth of the matter is you can not play nice with bullies.
On the contrary you have to stand up to bullies.

As bad as the Repugs are....it is the money people....oligarchs, big corporations, and Wall Street that tell them what to do.

Virtually all politicians are bought and paid for, but the Repugs are more loyal lap dogs to their masters than the Dems.
The Dems actually worry about the ordinary people once in a while.

Sadly, this is political....as mentioned....to gut social security, medicare, and medicaid as well as try and get a Repug elected in 2012.

Betcha a Repug president will see America's credit rating go back to AAA.
Like magic.
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jsgaetano
Semper Fidelis Tyrannosaurus!
11:45 PM on 08/08/2011
It makes perfect sense, S&P was dutifully covering up the Bush Second Great Depression for eight years. Now that the Obama is helping the far right blame the Democrats, the S&P-baggers are once agian trying to scapegoat the double-dip onto the Dems.
02:34 AM on 08/09/2011
That just about sums it up.

Wall Street, the credit agencies, etc. HELP Repug presidents and HARM Dem ones.

No matter who does the dirty, quite often the Repugs, the Dems get the blame.

The rich and corporations do not want any "socialism" for ordinary Americans.
Social programs take money that "belongs" to the upper classes and defense budget and must be cut as much as possible.

Also, poorer unemployed and underemployed American workers won't give the rich too many headaches asking for higher wages and more benefits.
The people will be happy to work for what they can get and shut up.

****Though I predict if things get too bad for average Americans, it will lead to political and social unrest....however the oligarchs and politicians don't see that threat.
Or don't want to see it.
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jsgaetano
Semper Fidelis Tyrannosaurus!
02:47 AM on 08/09/2011
"­however the oligarchs and politician­s don't see that threat. Or don't want to see it.” - Or they're planning on it.
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Craig2
Living in the great State of Jefferson
11:51 PM on 08/09/2011
Wall Street is not our friend? I'm crushed.
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Suzanne Mcnabb Tobin
Please all please none
11:08 PM on 08/08/2011
Heard Ed Schultz say on Rachel Maddow that he spoke to a Wall Street insider who said that Wall Street "HATES" this president. My hubbie still thinks that Wall Street will take out the Tea Party now that they've gone too far. Hope he's right.
02:37 AM on 08/09/2011
The tea baggers are scapegoats in my book.

They demand things that the mainstream Repugs want but don't dare ask for....
But the tea baggers demand things and the Repugs are "forced" to give them what they want.....

If the tea baggers get something, the Repugs benefit.
If the tea baggers don't get something or if they aggravate most Americans, then they take the blame.

Yea, the dumb f--ck tea baggers are the sacrificial lambs of the oligarchs and regular Repug politicians.
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ztck5356
05:23 PM on 08/08/2011
More corruption surfaces. The S & P has no credibility anymore. Just another arm of the Koch brothers.
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laura r
05:03 PM on 08/08/2011
The American people have wanted Obama and Eric Holder to follow through on the congressional oversight committee's investigative reports of fraud. The reports were hand over to Eric.

FDR did it, he was not going to tow-tow to the bankers, and he got serious because he knew the economy was not going to turn around until he addresses the major problem.

So, Obama goes easy on the Bankers and they end up doing him it. He needs to learn how to street fight, because he is dealing with the most corrupt group of Robber Baron in History.

These capitalists generally act harmoniously and in concert, to fleece the people.
Abraham Lincoln
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TRex86
Enjoying life in West Ohio
04:01 PM on 08/08/2011
Naomi Klein's "shock doctrine" is a reasonable description, but I prefer the fire sale concept as depicted in the most recent Die Hard sequel. The root cause is a handful of reactionary billionaires like the Koch Boys, the kind that rid themselves of unruly presidents, who stand in the way of their grandiose ambitions. These are folks to whom bumping off a president every now and then is no big deal (viz., JFK). Their agenda has simmered since the Great Depression, when FDR thwarted their ambition to acquire the USA, Inc. at a 90% discount. Since then they have set out to undo the New Deal, the Great Society, and the progressive income tax for good measure.

For the past four years the big threat to the economy has been a deflationary crash. Now the opportunity is upon them. Corporate America is sitting on trillions. Their useful idiots, the Tea Party, have destabilized the financial markets with their insane threats to our credit rating. When the market drops a few thousand more points they will start buying. This didn't happen in 2008 because the near collapse of the financial markets precluded carrying out a takeover. At the time Bush and the Congress were too busy propping up Wall Street. Today everything is lined up and ready to go.
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Manx
03:54 PM on 08/08/2011
On CNN, last Saturday evening, Standard & Poor's spokesman, John Chambers, lamented the fact that Congress didn't act on the Bowles-Simpson plan, which would reduce taxes further for the rich and cut Medicare for the elderly. In other words, the deficit reduction would be on the backs of the poor, Middle-Class and the elderly, the Republican way. How on earth can any rating agency claim to be objective when they are proselytizing for any particular legislation?
07:25 AM on 08/09/2011
I missed that, interesting.. obviously it was political..
02:21 PM on 08/08/2011
The public just doesn't seem to understand that S & P and other major credit rating organizations are by their nature "inherently corrupt"................as if that's OK. ! ! !
jhNY
Mercy.
11:58 AM on 08/08/2011
What are the chances that the 500 point drop on Thursday was a reaction to insider knowledge of S+P's rating decision to be announced late Friday? Folks in Treasury had been informed by then. Perhaps others were too.
jhNY
Mercy.
11:56 AM on 08/08/2011
All over the world, simultaneously, the extra-national financial overclass is making identical demands on national governments, calling for the defunding of social programs so as to free up state money for the repayment of debt-- debt owed to the financial overclass. There is no commensurate call for an increase in taxes on the wealthiest.

We can continue to treat each instance of this coordinated effort at making the more vulnerable pay for the demands of the overclass as if it were a local political matter, but it is not. We would do well to understand the scope and power of those who are organized to relieve the entire world of what remains of its equity and assets and safety nets, and would do well to recognize the politicians who would facilitate this activity for who and what they are.
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Jen Celli
Done sitting and watching quietly.
11:05 AM on 08/08/2011
Follow the money. Who stands to gain the most from this current S&P manufactured ruse? You can bet there are very large trades being administered. In fact, I'm confident in saying that the trades were well in progress by the time the press release was made and the $2T error was pointed out. Another reason it would not have been recalled. This skunk of a deal further erodes any confidence anyone should have in S&P and their motives. It's always about the money on Wall Street.
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Miles Mogulescu
12:08 PM on 08/08/2011
I agree that in the very short run some of S & P's Wall Street clients most likely made big trades when news of the downgrade first leaked out and changing the downgrade after Treasury discovered their $2 trillion error may have cost them money. But in the longer run, the political intent of the downgrade by S & P was to force cuts to Medicare, Social Security and Medicare, and to influence the 2012 elections by pinning the downgrade on Obama in voters' minds.
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Jen Celli
Done sitting and watching quietly.
12:30 PM on 08/08/2011
Pretty much how I see it as well. Well said too. F&F
10:48 AM on 08/08/2011
But why weren't they prosecuted as were the accounting firms with ENRON. The answer is the feeble Obama WH.
07:30 AM on 08/09/2011
agreed.. they should have been prosecuted together with the banks.. we need Eliot Spitzer..