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Richard (RJ) Eskow

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The Dumbest 'Bipartisan' Move Since Repealing Glass-Steagall

Posted: 03/22/2012 11:35 pm

Here we go again. Once again the 'bipartisan' consensus in Washington, fueled by an intoxicating brew of conventional wisdom laced with campaign cash, has repealed some of those 'cumbersome regulations' that do nothing of value -- nothing, that is, except prevent catastrophes. There will be celebrating on both sides of the aisle when the President signs this bill.

And when disaster strikes a few years from now, as it inevitably will, they'll all say "Nobody could have seen it coming." Plus ça change, plus c'est la même crap. Creationism can't disprove the theory of evolution - but a little time in Washington will make you think twice.

Here we are, surrounded by still-smoldering financial wreckage, and almost everyone in Washington is falling over themselves to repeat exactly the same kinds of actions that got us into this mess. Last time around it was the repeal of Glass-Steagall, introduced by Republican Sen. Phil Gramm and enthusiastically signed by President Clinton in the presence of Treasury Secretary Larry Summers.

This time it's the deceptively named "JOBS Act," introduced by the far-right Republicans in Congress and passed overwhelmingly by members of both parties. The President indicated his eagerness to sign the bill early on. Once again basic protections for investors, including individuals and families, are being recklessly overturned in a deregulating frenzy. Some of those protections were enacted in the wake of the Enron scandal, in which sociopathically unscrupulous business people conducted a hoax that ruined thousands of families and deprived many of their life's savings.

We haven't learned a damn thing.

The hype that led Washington honchos to name this tragic bill the "JOBS Act" is the same brand of patented b.s. that inspired lawmakers to call Gramm-Leach-Bliley, the law that overturned Glass-Steagall, the "Financial Services Modernization Act." That act of "modernization" actually turned the clock back -- from 1999 all the way back to 1929, stripping away some of the common-sense measures that prevented the formation of too-big-to-fail banks that could gamble with their customers' money or bring the economy to the brink of ruin -- which they promptly did, less than a decade later.

What did our wise leaders say when that bill was signed? "The world changes, and Congress and the laws have to change with it," said Phil Gramm. "In the 1930s ... it was believed that government was the answer ... We have learned that government is not the answer. We have learned that freedom and competition are the answers."

''This legislation is truly historic,'' said Bill Clinton. ''We have done right by the American people.''

''With this bill,'' said Larry Summers, ''the American financial system takes a major step forward toward the 21st Century -- one that will benefit American consumers, business and the national economy.''

Actually that bill helped crash the economy, costing trillions and leaving millions of people un- or underemployed. They, on the other hand, all got rich.

And they weren't done. Phil Gramm then passed something called the Commodities Futures Modernization Act, which Bill Clinton signed, opening the floodgates for Enron's abuses. Gramm's wife was then appointed to the Board of Directors of Enron, making him even richer. Later, after Enron's fraud caused so much tragedy, a shell-shocked nation passed Sarbanes-Oxley. But the Commodities 'modernization' act wasn't done with its worked: It enabled a division within my former employer, AIG, to gamble in a way that helped trigger the crisis of 2008.

Now we have the "JOBS" Act, which undoes Sarbanes-Oxley's key provisions. In a typically cynical move, the corrupt dealmakers of DC have appropriated two good ideas -- "crowdfunding" by individuals, as is done on Kickstarter, and the need to find investment capital for small and medium-sized businesses that are the engines of job growth.

But this bill will actually hurt both those efforts. Kickstarter finances creative projects, where it's fairly easy for investors to decide whether they feel a project has artistic merit. But this bill will unleash a torrent of unscrupulous scam artists onto the public, leaving them unable to decide which project has merit and which doesn't. Since these ventures won't be required to provide some basic financial data, many of them will bilk their investors -- drying up the pool of available capital for truly worthwhile startups.

Besides, why have we been pumping capital into the nation's banks through the Fed? Wasn't the purpose of all that support -- including TARP -- to prop them up so that they would lend to American businesses?

Worse, the bill is designed so that even billion-dollar corporations can be considered "startups," leaving the door open for a dozen Enrons of tomorrow to shaft the unwary. The common-sense protections proposed by Sen. Jeff Merkley were rejected, while the equally rational protections of Sens. Scott Brown and Jack Reed, which were passed, will be fairly easy for clever sharks to swim around. We've seen this play before, and it never has a happy ending. That will no longer be required of them, thanks to the "JOBS" Act.

Even that phony name -- "JOBS Act" -- isn't new. Republican Sen. Chuck Grassley used the same acronym for an equally cynical bill in 2004, the "Jumpstart Our Business Strength" Act. Then, as now, the bill was supposed to create jobs. What it really did was provide $39 billion in tax cuts for overseas earnings by US corporations. Create jobs? Not so much.

Now we can look forward to another signing ceremony, filled with smiling and happy bipartisan faces. None of the people at that ceremony will pay the price when the bill for their actions comes due a few years from now. But you and I will.

And unless we change our political system, soon after that the whole process will begin again. When will we ever learn?

 

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HUFFPOST SUPER USER
ekstatik
Granfalloon-free!
01:58 AM on 03/26/2012
261 comments in 4 days about such an important topic. How many hundreds of thousands devoted to Rush or Rick or Mitt?
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09:33 AM on 03/26/2012
I'm trying to get it to 270 ekstatik, I think the story about Brittany Spears dog peeing on the rug got 269 comments, surely this article is more significant than that!!
Janis Joplins song "freedoms just another word for nothing left to lose" is prophetic.
The repubs and dems are teaming up to insure the spread of freedom throughout the 99%.
With the soon to be ekstatik 300 million americans full of new found freedom, some one has to be in control. The brilliance of the Dems in congress, they vote with the Repubs so the new wealth of the great poor, and free class, will have fair and balanced representation. ........
It is tough to compromise ones principles the way they do, surely they ought to get compensated for it !!!!!! HELP WERE FALLING AND NOBODY CARES !
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HUFFPOST SUPER USER
ekstatik
Granfalloon-free!
01:56 PM on 03/26/2012
Yep. Janis sang it loud, and good. But it's a great way to be. Having nothing left to lose gives you IMMENSE POWER, because you just don't give a F*** anymore. It scares the $h!t out of people. Have you ever seen a berserker in action?!
03:44 PM on 03/25/2012
Why are they purposefully destroying our system?

Is this historical ignorance or something darker?

Why ever go back to 1929? Why do this intentionally?

Ominously for some… maybe “they” want to get it “right” this time?

Our “urgent” task is in somehow preventing 2008 from leading to 1938!”

*Recurring Editorial Cartoon Idea:

A camel is lying crumpled in the sand crushed under the weight of a morbidly obese “Brünnhilde-like” singing woman who has just finished scribbling something in her notebook.

In the distance are desert sands, dark clouds, burning oil derricks and drones...

Depending on the day….the rapidly expiring broken backed camel could be labeled:

“Freedom… Republican Democracy…Capitalism…Humanity…”
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HUFFPOST SUPER USER
muck-raker
give me liberty or give me death
08:49 AM on 03/26/2012
excellent post TP, more: The Democrats Who Unleashed Wall Street and Got Away With It

By Robert Scheer

That Lawrence Summers, a president emeritus of Harvard, is a consummate distorter of fact and logic is not a revelation. That he and Bill Clinton, the president he served as treasury secretary, can still get away with disclaiming responsibility for our financial meltdown is an insult to reason.

Yet, there they go again. Clinton is presented, in fawning cover story in current edition of Esquire magazine, as “Someone we can all agree on. ... Even his staunchest enemies now regard his presidency as the good old days.” In softball interview, Clinton is once again allowed to pass himself off as job creator without noting the subsequent loss of jobs resulting from the collapse of the housing derivatives bubble that his financial deregulatory policies promoted.

At least Summers, in a testier interview by British journalist Krishnan was asked some tough questions about his responsibility as Clinton’s treasury secretary for the financial collapse that occurred some years later. He, like Clinton, still defends the reversal of the 1933 Glass-Steagall Act, a 1999 repeal that destroyed the wall between investment and commercial banking put into place by Franklin Roosevelt in response to the Great Depression.

http://www.truthdig.com/report/item/the_democrats_who_unleashed_wall_street_and_got_away_with_it_20120202/
11:43 PM on 03/24/2012
I was excited when this bill passed. I thought that a major accomplishment had been transacted and that there was hope for our democracy. Although the details in the bottom half of the story left me puzzled, I failed to appreciate the import of what had really been done. Now it is clear that the political classes and the press, including the liberals, have betrayed us again.
Joel Smithis
Small business owner
08:58 PM on 03/24/2012
This country is missing the one most important element in free market economy, a strong labor movement that would keep big banks and big business in check. Our system is so skewed toward moneyed interests that there is no way America will recover from that. Election system is an utter joke, middle clss living Big Delusion, working class more invested in upholding "stand your ground" law than in having their role in the system.

I just visited family in Germany, they do not understand what is going on in US. Capitalism has been so productive last 80 years because labor and capital have balanced the system. Any system out of balance in reeling toward catastrophe!
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HUFFPOST SUPER USER
Darius Molark
de gustibus non est disputandum
07:07 PM on 03/24/2012
Good article. I wish you had been more detailed in explaining the JOBS Act. I will research it, especially the new requirements on shares and investors. Your historical analysis is excellent and I appreciate it.

I find it interesting that Sarbanes-Oxley did nothing but renew board of directors responsibility and signature for internal audits, as if the procedures for accounting had never existed. I am certain investments under the JOBS Act will confuse these procedures even more. It will require less an appreciation of the new algorithms directors will sign off on than some of the old adages of Thomas Hobbs: greed is unfathomable and cannot be controlled.
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Antifascist-08
05:41 PM on 03/24/2012
Thank you for helping to spread the word!
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scooterliberal
Just a Concerned Citizen & Reasonable Human Being
04:47 PM on 03/24/2012
We're so screwed. That fox loves his JOB guarding the henhouse...
01:24 PM on 03/24/2012
All of the conversations about deregulation and financial moderization are framed in two ways: the right talks about creating the freedom to grow and the left counters that with the regressive social effects of wealth inequality. Both sides are clearly missing the big picture which is: All economic transactions are built on crime of one sort or another and unrestricted capitalism unleashes unrestricted crime.

We have learned to love a productive form of capitalism that has produced goods and services for the masses because its criminal element has be tightly monitored and prosecuted. That left the little poeple free to create value without being eaten by the sharks. But now that the financial police have left the scene (deregulation) the sharks are once again feeding at will on the wealth of the weak. Who benefits? The sharks of course, and when we see both political parties signing these destructive bills we see the same advisors standing behind each. One can almost see the paychecks going from the Larry Summers of the world to the Presidents who now effectively work for them.

What happened? Simple corruption of the type that has hit almost every other country, now has hit us. No country ever comes fully back from corruption once it has signed away its principles, but it can recover periodically as leaders with integrity (such as FDR) fight back against the crime. We the voters let this happen and we all are going to pay.
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06:35 PM on 03/24/2012
I'll ask you the same I have asked 2 others who's posts were similar. Is there anything we can do?
07:39 PM on 03/24/2012
Here's ten things you can do:
1. Wait 80 years for the next socialist leader to naturally emerge from the wreckage of capitalism.
2. Move north to Canada.
3. Vote for third parties who claim to have an interest in social justice.
4. Run for local office and be a tiny part of the solution.
5. Go to wall street as a mole and become a Billionaire. Then quit and use your wealth for good.
6. Move to a rural moutain outpost and secede from life as a survivalist.
7. Write that book that reveals the problems of financial politics for what they are and inspires a generation to devote themselves to financial reform.
8. Become an artist and live a good life and change by example.
9. Become a doctor that does plastic surgery on children with cleft pallettes and devote your life to doing good around the world.
10. Become a politician and infiltrate the system and gain power over the sociopaths who are in charge and bend them to your will which may be better than theirs if you try.

Now its your turn.
justhinking
I'll listen if you will
11:37 PM on 03/24/2012
Become an educated voter. Do your own research and thinking and vote for your best interests. We can take government back but we have to stop fighting among ourselves.
11:33 PM on 03/24/2012
You had my interest until the clause: "All economic transactions are built on crime..." That's pure cynicism. As a base assumption for how economics works, it undermines any and all attempts at equitable and ethical solutions. So why bother? The Republicans and Wall Street win by default.
10:48 AM on 03/26/2012
Its not cynicism, its math. Its the idea of value itself as defined by a shared transaction where each party should logically get the same benefit back, but we see one party always makes out better than the other. This can only happen in a coercive envornment which means that one side has the ability to take more than what it is due from the other. The fruits of this theft are called "profits". In a just system people would be able to refuse to buy until the price was fair but the capitalist system is structured to weed these forms of fairness out of existance. There are many ways to try to return the fruit of ones labor to the people who deserve it, such as profit sharing, flat organizational structures, and dividends to shareholders. If looked at through ethical accounting most profit can be seen as money that fairly belongs to the workers and the shareholders and not the management who use their authority to steal the organizations value for themselves. We live in a world of laws and customs that have made this theft commonplace and accepted but that does not make it right or harmless. These distorted ideas about capitalism can only be called corruption and they have reduced our economy to a shambles and have driven the rest of the world away from our stock markets. The realization that corruption exists is the first step in any attempt at creating a fair and ethical solution.
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HUFFPOST SUPER USER
MGLLC
Truth is stranger than fiction
12:05 PM on 03/24/2012
Less people invest here daily.. Our markets and government have lost all credibilty, this fool plan won't work. Over the last 30 years, US markets have relied more on foreign investment to keep things moving. They no longer invest here because our leaders are crooks, our markets totally rigged and corrupt and the USA has become an oasis for crooks, none get prosecuted.
This bill is a desperate act to lure investment, it won't fly. World GDP averages $50-65 Trillion a year. Wall street shadow economy averages $600-800 trillion...it is all fraud, there isn't that much money in existance.
Russia, China, India and Japan no longer use the US dollar as the world standard currency, they all have agreements to use their own currencies, leaving the US dollar out. It was started by ALBO in South America. Total GDP loss so far: $20.6 Trillion.....a big bite out of the world economy. Peru, Brazil and other South American nations are also setting up their own trade agreements without the US dollar. This is the real WW 3 war, and we are losing. We are so corrupt, caused total collapse of the world economy and the world has united against us.
They all agree the US is the cause, and our leaders are too corrupt to regulate change to redeem our markets. This won't fly because we are no longer considered credible.
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HUFFPOST SUPER USER
Darius Molark
de gustibus non est disputandum
06:24 PM on 03/24/2012
Good Post. The United States has the world's largest economy. It is the world's largest manufacturer and holds 60% of the world's currency reserves. The euro is still far away holding 20%. It is expected that the euro and the Chinese yuan will become competitive to US reserve strength by 2020. Until that time, the world will depend on us as its largest consumer. I am not at all sure if we should become defensive about this or perhaps seek more cooperative policies with emerging economies. We are cooperating with China in real ways.
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HUFFPOST SUPER USER
Darius Molark
de gustibus non est disputandum
07:19 PM on 03/24/2012
Oops... the above was meant for your post on ALBO. Sorry!
11:52 AM on 03/24/2012
The repeal of Glass didn't help to crash the economy. It DID crash the economy.
01:49 PM on 03/24/2012
In 1998-1999 I remember reading the editorials in the New York Times and Barrons where most experts predicted that the repeal of Glass-Steagall would wreck the economy in ten years. It only took eight. Outside of 90% of economics professors, the FDIC chairmen, and key Senators on the banking comittee who came out against it. Who could have known?

We forget that the banking industry (or rather their lobbyists, or rather their bribes) had tried to repeal this bill 11 times. The 12th time was the charm. (When you have unlimited money you have unlimited time.) It cost the banking industry $300 million and 20 years to repeal it and when they did it passed on a strict party line vote. It happened at 2:45 AM and legislators just had to get some sleep.

The well publicized fear at that time was that the banks would now become so large that they would own the government and no oversight would be possible. The banks would then be the government and the inalienable rights that promote the general welfare would be supplanted by decisions favorable to the concentration of wealth at the top of the financial industry.

All of this comes as no surprise to anyone except to many of the readers of the Huffington Post.
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HUFFPOST SUPER USER
theobserver4
progress is a process not an end result
07:40 PM on 03/24/2012
Reading others comments on here this was not a surprise to many readers of the Huffington Post. It was a surprise to those who don't.......the ones in the Faux bubble.
justhinking
I'll listen if you will
11:42 PM on 03/24/2012
I think you have that backwards, we expect the worse from corporations, it is Fox listeners that believe that bankers know best how to run their business and that government regulation interfers not protect.
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HUFFPOST SUPER USER
Dusty Ray
Learn To Swim
11:39 AM on 03/24/2012
The art of duplicity is the new art of war.
01:50 PM on 03/24/2012
Fooling the suckers has always been an art of war.
11:32 AM on 03/24/2012
ProPublica.org has the best series I've found on the whole banking mess and what banks did with CDOs to destroy the global economy and millions of lives for shareholder profits... pure greed and corruption.

After seeing multiple catastrophes created by the Wall St. system (and the current global banking system) I'm in favor of dismantling Wall St. trading altogether, and re-regulating the banking industry back to the point that banks once again SERVE the country instead of destroying it.

Especially now that high speed trading is adding a new layer of corruption into the trading process... giving certain investors extraordinary advantage over individual investors.

The whole financial system is rigged folks. We never needed Wall St. and we still don't. It's simply large scale gambling... Get your money out of Wall St. folks, there are much better ways to make money.
01:53 PM on 03/24/2012
You can't fix them now, they are too big modify. The only option left is to nationalize the banks and start over. That's what other countries have done when financial corruption becomes so powerful that it controls the government. Let's see, what chance do you think that has of happening here?
08:04 AM on 03/24/2012
You write:

"We haven't learned a damn thing."

Oh, haven't "we"? Seems as though the "we" that have learned plenty are the big bankers and the two corporatist parties (the Dems and the GOP, of course). What have they learned? They have learned that there are massive personal fortunes to be made for themselves when Wall Street uses middle-America's hard earned savings to make bets like a guy playing roulette (Russian roulette for the middle-class). The political parties have learned that the American people are willing to stick to their two party (all corporatist parties) political "system" no matter how egregiously the legislation that they pass harms the middle class and favors the "too big to fail banks" and the immoralists on Wall Street. So they've learned not to fear voter backlash.

The "we" that has not learned anything are average, uninformed Americans who are increasingly sliding into poverty and don't have the gumption to figure out why.
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06:31 PM on 03/24/2012
Well said, agree all the way. What do we do? Other than watch the impending tidal wave destroy us all.
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HUFFPOST SUPER USER
Carachama
I'm not apt to follow blindly the lead of others
07:50 AM on 03/24/2012
Those who do not know history are doomed to repeal it.
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HUFFPOST SUPER USER
MGLLC
Truth is stranger than fiction
12:27 PM on 03/24/2012
We just lived through this, it is too soon to be history. Entire nations went bankrupt, countries all over the world are collapsing from fraud from the US.....this is a desperate game to gain some momenturm in our failing markets. Volume of market trades are down 25% since 3/11. 80% of all trades are high frequency, a few individuals handling hundreds of millions in funds buy and sell huge blocks of stocks in less than 8 seconds. That isn't investing, it is skimming. We have lost all credibility, the world no longer invests here.
Emerging nations no longer use the US dollar. ALBO started it in 2010 once the world realized nothing would be done to fix or moderate our markets after causing the worst global economic collapse in modern history. ALBO established an electronic currency, the Sucre, allowing members nations to trade using their own currencies leaving the US dollar out. Russia and China followed their lead. After the latest sanctions on Iran, India and Japan joined with Russia and China. Iran is a rich and fruitful trading partner, none of them will stop trading with them for the USA.
The entire global annual GDP averages $50-65 trillion. The GDP of nations no longer using the dollar average $20.6 Trillion. Shadow banking on Wall Street averages $600-800 Trillion, it is all on paper, that money doesn't exist.
The world has united against us. This is the real WW 3, and we are losing.
02:07 PM on 03/24/2012
Excellent post.
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06:33 PM on 03/24/2012
Is there anything we can do in your opinion?
02:05 PM on 03/24/2012
Between 1929 and 2009 is a mere 80 years yet that was enough time for both political parties to forget the dangers they had once faced and for the public to forget the pain it had endured. Every adult living today was born into a comparative paradise where the giants of the past still shielded us with the wisdom of their laws. It took that much time for history to become first cold, then distorted, then irrelevant. I guess that is how much time it always takes if one is not vigilant and does not teach your children well.

But it is too late now, those laws are gone and those elements of society that were for so long repressed have been let out of their cages. We look back on tehe"almost depression" of 2008 and breath a sigh of release still not understanding that it was only a warning shot. The big dissasters are still before us and the banks are still devising the next mind numbingly complex financial scam that will take the whole world down this time. We should not be trying to find out who's fault these things are and instead be acting toward the enforcement of a peoples revolution that will suplant the runaway non elected financial powers that now control us. But we forget that when it happened last time it took a war. We have allowed a lot to slip away between our fingers.
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HUFFPOST SUPER USER
muck-raker
give me liberty or give me death
09:05 AM on 03/26/2012
many excellent post(s) today..."
"But it is too late now, those laws are gone and those elements of society that were for so long repressed have been let out of their cages" catch mine above when it appears....FF
12:55 AM on 03/24/2012
Oh, so True!