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Robert Kuttner

Robert Kuttner

Posted: April 23, 2010 11:04 AM

Financial Reform at a Crossroads

What's Your Reaction:

The financial reform bill now pending in the senate could be a huge win for both restraining the excesses of Wall Street and for Democratic progressives -- or Senator Chris Dodd could snatch defeat out of the jaws of victory. The risk is a replay of the endgame of the health care battle, but in reverse. Instead of Democrats hanging together and passing a bill with the president belatedly leading, we could see a hollow bipartisanship and a feeble bill.

On Thursday, there was an uncharacteristically fractious meeting of the Senate Democratic Caucus. On one side, leading progressives such as Maria Cantwell, Ted Kaufman, Dick Durbin, Byron Dorgan, and Jeff Merkley, argued that this was a moment to put forward floor amendments that would both strengthen the bill and force Republicans to take difficult votes either backing reforms or identifying themselves with Wall Street.

But the Banking Committee Chairman, Chris Dodd, was more inclined to try to strike a deal over the weekend with his Republican counterpart, Richard Shelby, for a bipartisan bill. The price of this would be weaker provisions on derivatives, consumer protection, the Volcker rule, and on resolving failed large banks. The political price would be that progressives don't get to offer floor amendments. Under Dodd's scheme, which is favored by Obama's legislative and economic advisers, the Senate would immediately vote to take up the bill and would then vote cloture by a wide bipartisan margin. The bill -- still a shell with details to be filled in later -- would go directly to the House-Senate conference, where the House-passed bill would become the vehicle for the final measure.

This course would be an appalling abdication, and it would be stupid politics. The protestations by the Republican Senate leader, Mitch McConnell, that the Democrats are proposing a pro-Wall Street bill, have been ringing increasingly hollow. It's mostly Republicans who have been working hand in glove with Wall Street lobbyists. The problem is that so have several Democrats, including Treasury Secretary Tim Geithner.

In the caucus showdown, Dodd's response to the progressives was that he was not sure that he could count on fifty Democrats to back tough reform. That's right -- and one of the unreliable Democrats is Dodd himself. But the solution to that problem is for the leadership and the White House to whip the wavering Democrats, as Obama belatedly did on health reform, not to cave in. And while Obama gave a fairly tough speech on Wall Street, he is not yet walking the talk when it comes to personally weighing in with Senate Democrats to hang tough. Having prevailed as a partisan on health reform, Obama is back in touch with his softer, bipartisan side. Not good news.

If the bipartisan strategy is adopted, both parties will declare victory and go home. Some of Obama's advisers think this is smart politics because it gets financial reform off the table, and presumably gets it off rightwing talk radio because the Republicans will have been enlisted as partners. But think again. Anything that Mitch McConnell can support is not worth having. And if Obama's tactical advisers think that passing a weak bill will make the anti-Wall Street popular sentiment disappear, they are kidding themselves. Regular Americans will just see both parties as sellouts, and the tea parties will get new recruits.

Dodd's argument that he needs a deal with Shelby because he's not sure he has enough Democratic votes is exactly backwards, and also disingenuous. With the latest backlash against Goldman Sachs, the revelations in the Lehman examiner's report, and the new activism by the SEC, a long awaited public backlash is finally building. Wall Street is desperate to contain the momentum for real reform -- and what better way than by rushing a feeble bill through Congress and then declaring the matter closed.

But if the Senate can have an open debate, with tough floor amendments by Democratic progressives, many Republicans and most Democrats will not dare to be recorded as voting with Wall Street. What kind of a party is it that backs off just when reform momentum is on their side? (Maybe a party that is not sure it really wants to be all that tough.)

What stands in the way of this bipartisan deal is the resolve of the Senate progressives and the personal dilemma of the Senate Democratic leader, Harry Reid. Senator Reid faces a very difficult re-election in Nevada this November. He needs to present himself as a fighter for the common American, not as an agent of Wall Street. If Reid weighs in hard with Dodd, and if Obama gets personally engaged, he can still head off a backroom deal with Shelby and the Republicans for a weakened bill.

It would be nice if somebody whose phone calls Obama still takes -- Reid, Dick Durbin, House Speaker Nancy Pelosi -- broke through the wall that Rahm Emanuel has put up and got the president to play a personal role. Otherwise, this could be one of those dreadful lost moments of reform and progressive triumph.

Robert Kuttner's new book is "A Presidency in Peril."

He is co-editor of The American Prospect and a senior fellow at Demos

 
 
 
The financial reform bill now pending in the senate could be a huge win for both restraining the excesses of Wall Street and for Democratic progressives -- or Senator Chris Dodd could snatch defeat ou...
The financial reform bill now pending in the senate could be a huge win for both restraining the excesses of Wall Street and for Democratic progressives -- or Senator Chris Dodd could snatch defeat ou...
 
 
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02:21 PM on 05/05/2010
Your column is one of the most disturbing that I've read. The bill is notoriously
flawed and could do significant damage to the economy and GDP. This obsession
with creating agency after agency instead of dealing with Fannie and Freddie
or the national deficit is horrendous policy that leaves the taxpayer perennially
on the hook for Congressional and regulatory incompetence. Encouraging
dictatorial government is shameful and wholly unAmerican. Somehow, I think
that is exactly what you intend. May I suggest some countries more in line with
your agenda - Cuba, Venezuela, Russia, etc.
04:20 PM on 04/29/2010
Why are Durbin and his accomplices always trying to back conservatives into a corner? Isn't government supposed to be helping the people rather than the party?
03:40 PM on 04/26/2010
Dear Huffington Post,

I ask you to consider people like myself that the banks are kicking to the curb. When the bank garnished my Social Security Disability. , I had no way to get my cancer meds or pay any of my bills.. My car was reposessed and I lost my house. I am now in public housing. You can read about it here.

http://online.wsj.com/article/SB10001424052748704479704575061702246038506.html

Its the Wall Street Journal and you can join for 3 days and it is free.

PLEASE bring attention to these types of concerns.

Thank you,
Floyd Morell
ambrosemorell@yahoo.com
06:19 PM on 04/25/2010
To know where you are going in gov.--know where you have been -- Woodward-Bernstein: follow the money-- if a bank loaned 250K to a person who could not afford it, where did the money go? Probably to a builder/corp. or owner of some sort -- most likley they all owed someone -- a bank maybe? --- where did the money go? -- back to a bank? where is the money now? This trillion bucks is somewhere. Why have i never heard this asked?
03:49 PM on 04/25/2010
Before any kind of reform occurs there will have to be a personnel shakeup at the SEC, the commerce dept. and any and all government financial agencies that deal with the street. The reason is that there is a large fraternity of kindred spirits that revolve between the banks and the government. Anything that goes on in public is secondary to what happens between colleagues. No where is the status quo more entrenched than where the actual handling of money is concerned. Reform has to come from above and these babies do not acknowledge any power above them.
12:19 PM on 04/25/2010
Mitch McConnell is a part of the Bushnazi greed patrol! The Dems do not need to drop the ball on this piece of legislation or all will be lost!
03:21 AM on 04/25/2010
Fisrt of all: the financial reform bill is not a huge step. It is a VERY small first step.

To get back to a level where we actually have a democracy and not a free for all buy a politician firesale where the biggest money can do any crime ion the book and get away with it we need to do a LOT more than this little banaid. We need heart surgery.
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HST
Conservatism = selfishness
06:51 PM on 04/24/2010
"But if the Senate can have an open debate, with tough floor amendments by Democratic progressives, many Republicans and most Democrats will not dare to be recorded as voting with Wall Street. "

This is the key, because an open debate allows us to see where people stand on the tougher parts of the legislation. The second part of the equation is the amendments proposed by Sherrod Brown of Ohio and Jeff Merkley of Oregon. Brown's amendment would put an absolute ceiling of two percent of GDP on firms' non-deposit liabilities and prevent depository institutions from letting those holdings exceed 10 percent of their assets. Merkley's would make the make the Consumer Financial Protection Bureau a stand alone agency with enforcement powers and its own budget

I hoping for the best, but fearing these proposals will go the way of the public option and Alan Grayson's medicare for all amendments.
04:35 PM on 04/25/2010
I'm with you and can't understand why the Senate leadership (and WH) continually grab for moronic, flaccid "bipartisanship" and habitually self-defeating expediency. Some D. senators do have necessary amendments; maybe even some republicans. The leadership continues to miss the fact that good policy is good politics and popular support is on their side.

In conference there will be pressure from the Democratic side (& the WH) to compromise this thing into worthless bipartisan gruel to get GOP votes anyway. So front load it with strong reform in the hopes that something survives.

You know the Public Option's not quite dead? Its hidden away on stealth life-support and suffering a prolonged N.D.E., but not flatlined.

This past week:

Sen. Merkley is pushing a PO reconciliation vote: "There's a bunch of things I'd like to see reconciliated and we're going to push on that front," said Sen. Jeff Merkley, coining a new term. Harry Reid has promised Merkley and Sanders a vote on the public option. Doing it through reconciliation would give it a reasonable chance of passage." http://www.huffingtonpost.com/2010/04/20/hawk-squawks-conrad-budge_n_545296.html

Sen.Sanders, too: “I would also hope we could have a public option as well,” Sanders added, referring to a government-run health plan for those younger than 65 that could compete with private insurers." http://thehill.com/blogs/on-the-money/budget/93351-senate-democrats-budget-to-include-reconciliation-instructions
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Jean-Francois Guilbert
05:40 PM on 04/24/2010
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JEAN-FRANCOIS GUILBERT
PSYCHOANALYST , MEDICAL & CLINICAL HYPNOLOGYST
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rebelriser
artist, published author, activist
05:29 PM on 04/24/2010
I think Kuttner is making everything more difficult than it is. His over indulgent, far too complicated thinking is nutsy. I don't know about the rest of you, but I'm quite tired of these "think" analysts thinking everything to pieces and trying to over guess what is on the minds politicians. We can do without the extreme thinkers.
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FearlessFreep
A radical leftist with a JS Woodsworth avatar.
04:23 PM on 04/24/2010
This is the same thinking that led to the weak health-care "reform."
04:05 PM on 04/24/2010
If I'm reading the bills' summaries correctly, I love how they're finally making a regulated exchange for complex derivatives like credit default swaps and CDOs. "Say on pay" is a joke: non-binding shareholder votes on executive compensation. Non-binding = meaningless. They should either propose controls on executive compensation or not address it at all. Non-binding "say on pay" is just populist saber-rattling. Similarly, the "independent consumer financial protection watchdog" looks like populism. The kinds of issues that the "watchdog" is addressing are irritating, but they really had very little to do with the systemic problems that created the recession, and those issues should already be addressed by either holding the SEC accountable or slightly expanding its powers. The bills look like they actually make one big problem worse: the responsibilities of the SEC, state regulators, and the Fed were intertwined, creating a diffusion of responsibility. Now they're adding new "independent" agencies with even more overlapping responsibilities. I think this new overlapping scheme will be as effective as handling the next financial disaster as Homeland Security was at handling Katrina.
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Pole
retired professor of History, Comparative Religion
03:40 PM on 04/24/2010
The moral dimension to what has happened to Wall Street and the big five banks, is also the practical dimension that is best for the country as a whole. The moral issues were clearly spelled out by the Hebrew prophets more than 2,000 years ago. To a man, they railed against GREED, DECEIT AND CRUELTY. To a man they harkened the people back to the Laws of Moses or the Torah as it is known to us today. As the Talmud was written and developed, those Mosaic principles took shape in specific rules of conduct. We live in a time when money drives everything and principles don't. Morality is based solely on money and how to get it. The common good is a fiction. Thus, deceiving others to secure more short term profit becomes good. That is immoral. The free market crowd, present in this current administration and across the aisle, is quietly adhered to, spun forward and encouraged with lame excuses. Free markets with out regulations and honest watchdogs becomes graft and misery for the majority who believe what they are promised. Doesn't anyone realize this spells death to a free democracy? Doesn't anyone raised with moral values understand that the people, common or otherwise, lose when the game is rigged. Isn't the word "Fraud" allowed to be part of legal remedies today?
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zlohcuc
"Serving millions from atop the Allegheny"
04:53 PM on 04/24/2010
Well presented Pole. Unfortunately, you are trying to appeal to fellow citizens who are more interested in spending their time obsessing over "March Madness" brackets or "reality TV" than confronting the issues that are threatening our prosperity as a country.This of course will all change as more of us begin living in tent cities or under bridges. The American values of community and empathy have been replaced with greed, exclusion and "anything goes" Much more to come if the reforms that are being considered are not strenthened and implemented. Even it that does happen, no guarentee that the America we knew will reemerge as a n inspiration to the world, reknowned with a reputation of doing the right thing. It may already be too late.
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stevendedalus3
03:11 PM on 04/24/2010
Ever since the New Deal, legislating economics has been a grueling boiling down of fairness to suit the GOP. ENOUGH ALREADY!
12:55 PM on 04/24/2010
I think it would shock most people to know that commercial banks conjure up 95% of our money supply from nothing but promises to pay future debt. That's why Glass-Steagall, separating speculative investment banking from money-conjuring commercial banking, was so important and should never have been repealed (under bipartisan approval of Clinton + Democratic Senators in a Republican-dominated Senate).

If you want to understand the basics of our financial system and know why there's such an interconnected relationship between government (regardless of party) and banks then there's a great documentary that you can google and watch for free, "Money as Debt".
01:37 PM on 04/24/2010
True. That's why one of the things that are needed is monetary reform. The issuing of money needs to be brought back where it belongs, namely the legislative branch of government, as provided for in the US Constitution, Article I, Section 8.
The new money needs to be debt and interest free as proposed by the American Money Institute (http://www.monetary.org/amacolorpamphlet.pdf) or Swarm USA (http://www.swarmusa.com/vb4/content.php/184-Freedom-s-Vision-Monetary-Reform-Outline)
02:17 PM on 04/24/2010
Yes, nationalizing the creation of money would break the principal\principal-interest cycle that makes our current money supply system dependent on unsustainable, ever-increasing debt. I think Dennis Kucinich advocates that idea. Some think that idea gives the government too much power. I haven't thought it through enough to decide for myself.

Another way to do it, if you wanted to keep the money supply sustainable but limit government by keeping the private sector involved in money creation, would be to go back to something like a gold standard ... not necessarily gold but some kind of limited, scarce commodity. That's a libertarian\Ron Paul idea.
07:53 PM on 04/24/2010
http://www.themoneymasters.com/the-money-masters/

an interesting read and it didn't harm my computer.