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Robert Kuttner

Robert Kuttner

Posted: July 11, 2010 08:30 PM

The financial reform bill that passed both houses of Congress was far less than we needed. But it was a start -- enough of a start that the bankers have spent tens of millions trying to kill it. And now, with the House-Senate conference version of the bill coming back to Senate for final approval, the reform is in jeopardy yet again.

On May 29, the bill passed the Senate, 59-39, just enough to block a filibuster. Four Republicans voted in support and two progressive Democrats voted no to protest its weaknesses. But the banking lobby has used the Congressional recess to work the four Senate Republicans.

And, sure enough, three of the four Republican supporters have gone wobbly. Olympia Snowe of Maine voted for the Senate bill, but is now making equivocal noises about whether she'll support the conference bill (which is weaker in some respects than the Senate's version.) Likewise Chuck Grassley of Iowa.

The always wily Scott Brown of Massachusetts threatened to withhold his vote until the House and Senate leaders agreed to scrap a $19 billion tax on large banks. He voted for the senate bill, but now Brown is warning that he may vote against the final bill anyway. Apparently there is no honor among thieves. The financial industry was the largest donor to Brown's Senate campaign.

Among Republicans, only Susan Collins of Maine is standing firm in her support. The fewer Republicans who are still officially committed to the bill, the easier it is for the banking lobby and the GOP leadership to intimidate or seduce others.

Among the Democrats, Wisconsin's Russ Feingold, suddenly in a tight re-election race against a self-financed Tea Party millionaire, has vowed to vote against the bill because it's not tough enough. It's not clear how that will persuade the Tea Party crowd, who don't much like Wall Street either.

In an anti-incumbent year it seems a little perverse to vote down the only piece of legislation that partly leashes banks. (If you think the bill is not a step forward, ask the bankers' lobby why they are working so hard to kill it. C'mon, Russ, if it's good enough for Bernie Sanders, it should be good enough for you.)

Sen. Maria Cantwell of Washington State, even more than Feingold, was a true hero in the fight to get the strongest possible bill. She cast a protest no vote when the bill was before the Senate, but with the bill hanging in the balance, unlike Feingold she will vote for final passage.

Two weeks ago, Democratic head counters thought they had maybe one vote to spare. But Robert Byrd's death June 28th deprived supporters of that extra margin.

Passage may depend on the vagaries of West Virginia politics. West Virginia Governor Joe Manchin has delayed making an interim appointment for Byrd's seat, pending a final decision on whether the vote to fill the seat is to be held as a special election in 2010 or in 2012 when Byrd's term expires. Manchin wants to run for the seat, but has ruled out appointing himself to fill the vacancy. The White House has been urging Manchin to stop dithering and name Byrd's interim replacement as soon as possible.

At this writing, Democratic Senate Leader Harry Reid has put off calling up the conference bill for a vote pending a better head count. That's how razor thin the margin is.

But with every passing day, the risk increases that Wall Street and the Republicans will kill more than a year's legislative work. A defeat of this bill would mean that all of the carefully negotiated compromises are up for grabs. With Democrats expected to lose seats in November, anything that managed to pass would be even weaker.

This nail-biting finale is like the end-game of the health reform bill all over again, but with one key difference. In that fight, President Obama belatedly got personally engaged, working the phones and twisting arms, LBJ-style -- far from his usual hands-off approach. This time, there are no arms to twist. The undecided votes are all Republicans, with whom Obama has no leverage. And with Russ Feingold in the posture of distancing himself from Washington, D.C., the White House has little influence with him either.

But Obama could be taking his case to the country. In the past few days, Obama has sounded more like a partisan and has gotten off some good one-liners, but has mentioned the stakes of financial reform only in passing. That's a pity, especially with Republicans using the October 2008 vote in favor of the bank bailout (TARP) to whack Democratic incumbents.

This reform bill may be a day late and a dollar short. But starting the process of reining in the banks is the antidote to the bailout and to future bailouts -- both politically and in terms of better policy. And it's Republicans and Wall Streeters who are trying to kill it. That's not so hard to explain. The president should be using his bully pulpit to shame the banking lobby and its Republican toadies, and to associate himself and the Democrats with stronger housecleaning.

If the final bill does manage to squeak through, this is only the beginning of reform. Several key provisions, such as the Volcker Rule separating commercial banking from trading and investment banking and the rules on derivatives, were seriously weakened by amendments. Others, such as the rules on capital requirements, too-big-to-fail, and consumer protection, leave a lot to agency discretion. So the same agencies that are far too close to the bankers, the ones that let this disaster happen, will be in charge of the details of reform.

As the bill has been weakened, bank stocks have been going up. The lead front page story in Sunday's New York Times reported that Wall Street is hiring again. The sector that crashed the economy, and that needs to be drastically reined in, is back in metastatic growth mode. And evidently the bankers have confidence that their chums at the Treasury and the Fed are not going to rain on their parade, reform bill or no.

So we need this bill, but only as a first step. Even more importantly, we need a citizens' campaign to monitor how it is carried out and where the holes are.

The bankers' lobby is at work, night and day, to weaken this reform legislatively and in its implementation, orchestrating grassroots lobbying by local banks and coordinating it with campaign contributions. The counterweights on the progressive side are no match.

One of the few effective official watchdogs, the Congressional Oversight Panel chaired by Elizabeth Warren, may be shut down early as the TARP ends. Americans for Financial Reform, which did heroic work as a coalition of more than 200 consumer and labor groups in pressing for the strongest possible legislation, will close up shop at the end of the summer for lack of funding. If anything, AFR needs to be expanded, so that it can continue to be a citizens' watchdog.

Two years and counting into the most severe financial collapse in nearly a century, bankers still rule. Republicans protect bankers from reform, yet amazingly masquerade as the party of populist backlash. If Democrats let the right play this double game, shame on them. It's only possible because too many Democrats are too cozy with the same bankers.

UPDATE: Late Monday, the offices of Republican senators Scott Brown and Olympia Snowe issued statements indicating that they will vote for the financial reform bill, bringing the number of supporters to 60, just enough to break a Republican filibuster.



Robert Kuttner is author of A Presidency in Peril, co-editor of The American Prospect, and a senior fellow at Demos.

 
 
 
 
 
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HUFFPOST SUPER USER
Sam1jere
Open-minded, sports lover, Red
06:51 AM on 07/19/2010
If the Taxed Enough Already (TEA) Party is about (generally speaking) fiscal conservatism, why indeed should they not take the Republicans to task over their cushioning of Wall Street - and active blockage of financial reform in this sector.

Borrowing from history, what would be the difference between above the law Wall Street and the British colonizers whom the Boston Tea Party was formed to evict? Both oppress, form the core government lobbyists, and are not accountable to the American public. Where does the Republicans' frustration of such bills as Financial Reform fit in this fight?

In truth, is the TEA Party focused and do they truly know what they stand for? Maybe that's the crux of the matter. There is a belief that the Federal govt should create jobs and Wall Street bonuses reduced, which again is dear to the TEA Party's worldview, but I don't see the appropriate anger towards this (I could be wrong here).

Is this Party about oppostion to all things Obama or truly about government reform? This might be why there's a perception, well captured by this article's headline, that they're actually letting the anti-reform Republicans get away with murder.
12:11 PM on 07/15/2010
Tea Party folks are just racists. they use language like "we want our country back"!! Why? they want it back from the Black President and the minorities. They didnt want it back when there was a white President starting wars and adding up the deficits, but suddenly, they found religion. Common!!! This and these people are so transparent its pitiful, and the news media is aiding and abbetting them. When times are tough, it seems that many of European decent always try to find a scapegoat for this problems, in this case, people of color. They feel more comfortable if its a white guy mucking things up (which has been going on for hundreads of years). I guess tea baggers are like the owner of the Cleveland Cavaliers. They want the black guy and all minorities to do what THEY think they should do. Heaven forbid a person of color thinks for themselves. They should all just don hoods and be more honest about what they really are (including Sarah Palin). No one is fooled except the media, who likes to make up the latest news story, even if it means giving moral credibility to those who dont deserve any. However, let one minority say a single syllable about whites, or support minority issues, and they are run out of business as racist themselves (ala ACORN). America is chock full of such hypocrits.
12:43 PM on 07/14/2010
the current administration is not putting new regulations on the banking/financial profiteers, they are trying to restore the saveguards put in place many years ago after a similar melt down... that have been removed by the Bush crime family.
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RacerX
E pluribus unum
11:59 AM on 07/14/2010
"The undecided votes are all Republicans, with whom Obama has no leverage."
You are right he is no LBJ...LBJ had leverage regardless of party.
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HUFFPOST SUPER USER
CornetMustich
08:34 PM on 07/13/2010
Yes indeed. Bankers aka Goldman Sach rule. And why is that? Just look at Mr Obama's advisers....

Joe Mustich & Ken Cornet, Justices of the Peace,
Washington, Connecticut, USA.
05:28 PM on 07/13/2010
Question for the liberal loons why is black racism and out right theft by union leaders which is far worse than any banker has done allowed and encouraged!!
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bascombe
Send the kids off to die, bleed their country dry.
12:46 PM on 07/13/2010
they are willing corporate tools

Democrats face threats from incited right - March 24: Congressman Steve Drieuhaus talks with Rachel Maddow about efforts by right-wing opponents to health reform to intimidate him and other Democrats and the need for Republican leaders to take responsibility for the outrage they've fomented.
http://www.msnbc.msn.com/id/26315908/vp/36027892#36027892

Palin wants America to revert back to 1775 - April 19: Over the weekend, Sarah Palin revealed that she does not want to overturn the U.S. government with a revolution, but just wants the country to revert back to the traditional values it had in 1775 before the American Revolution. The Daily Kos? Markos Moulitsas discusses.

http://www.msnbc.msn.com/id/3036677/vp/36654355#36654355
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Ipanemagirl
progressive
12:44 PM on 07/13/2010
Scott Brown should stick his middle finger out to the GOP control freaks and switch parties. I think he would be more confortable being a good Democrat! What are you waiting for Scottie?

The big fault of the Dems is not to exploit the misdeeds of the Repugs in the same way as they do.
Voting to stop unemployment benefits, trying to kill SS, and medicare, siding with Banks, insurance companies and big oil companies against the people , keeping the wars going for their own profits thus inceasing the debt of the country ;wanting to keep the tax breaks for the rich but still compalin they are fiscally conservative...let the rich pay their share and tax corporation even more!If they go overseas tax them more and dont let them sell their goods in the USA> there's so much to attack here, why are the DEMS just sitting quietly.... on the dock of the bay...watching the oil spill on the gulf....? when there is enough negatives here to make any man revolt against the GOP!!! Start making NOISE!!!!
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bascombe
Send the kids off to die, bleed their country dry.
12:54 PM on 07/13/2010
you're kidding ,right? maybe you missed the part where the media never gives voice to the dems and where they pretend a fact is controversial because some gopMoron disagrees. even at this place, you might notice the continual inflamatory, misleading headlines and pictures.
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HUFFPOST PUNDIT
jsgaetano
Legum servi sumus ut liberi esse possimus
04:36 PM on 07/13/2010
Dems don't need Brownie to switch parties. We already have Specter and Liberman.
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Ipanemagirl
progressive
06:02 PM on 07/13/2010
youre right about that, and we have wonders like Ben Nelson which I wonder why he doesnt just cross over to the repug side as he has none of the democratic values we need....just
politics and money. ugh!
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HUFFPOST PUNDIT
den1953
The National Inquire of Politics the GOP!
11:44 AM on 07/13/2010
You don't bite the hand that feeds you, the Tea Party is feed by the support of the lobbyists for the Republican party google the biggest lobbyists that support the Republicans and you have your answer!
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HUFFPOST SUPER USER
Ipanemagirl
progressive
12:50 PM on 07/13/2010
yes, I know, its pretty obvious that this is no "grass movement" but a well funded corporate backed movement against the democrats, trying to take away their "piece of the pie" (lobbyist money) for campaigns. Our sustem is already completely corrupted because of all this Lobbyist money floating in congress, Get rid of Lobbyists and their enormous influence, and maybe we can get back to constructive work and doing what the country really needs... switching to renewable energies for one!
Oil subsidies should be re-routed to support clean energies!!!...no more oil subsidies should be offered by tax payers! NO NO NO!
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den1953
The National Inquire of Politics the GOP!
01:00 PM on 07/13/2010
agreed and fanned
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HUFFPOST SUPER USER
voxo
microbiology
11:35 AM on 07/13/2010
`Socialism is the natural evolutionary successor to capitalist excess.
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hrpmap
Retired man still active..
11:59 AM on 07/13/2010
True and this
HUFFPOST PUNDIT
hrpmap
Retired man still active..
12:04 PM on 07/13/2010
And this takeover by the socialist mentality is then then end of a sociaty. Socialism is the end of freedom and reason, it is an unnatural invention of man that will fail and the society that embraces it will soon dissappear.
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bascombe
Send the kids off to die, bleed their country dry.
12:41 PM on 07/13/2010
all the -isms fail

royalism
capitalism
corporatism
socialism
communism
totalitarianism

but we haven't tried humanism.
considerthis
I try my best
02:09 PM on 07/13/2010
and was corporate capitalism created "naturally" by "god"?
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JewellB
Organic gardening - healthy land & people
10:17 AM on 07/13/2010
Of course there is no honor among thieves. And don't forget that thieves steal from each other - as in Goldman Sachs stealing from many of the other banks and financial instutions under the lying pretext of a new business model.
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WOODSTOCKER51
HAVE A NICE DAY!
10:06 AM on 07/13/2010
FACE IT.THE "TEA PARTY" IS A FRONT FOR THE WEALTHY WHO DONT WANT TO BE SEEN DOING THEIR OWN DIRTY WORK!...

.THEY FOUND A FEW FOLLOWERS WHO HAVE A MIXED BAG OF "HATE AND SIDLIKE"....CALLED THEMSELVES "REAL PATRIOTS"..ARE BACKED BY BIG MONEY AND FAUX NEWS ACTORS...VOILA.!!...

.AFTER ALL.EVEN AN OLD WILD WEST BORDELLO WAS BILLED AS A PLACE OF "REST AND COMFORT"........LOL.....
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HUFFPOST SUPER USER
right Alice
HUFFPOST SUPER USER
Hemihead
10:05 AM on 07/13/2010
Answer from Tea Party: We don't support the Marxist financial reform bill that gives the State more control over private lenders, and does nothing about government supported institutions such as Fannie Mae and Freddie Mac, two of the most corrupt institutions, and two of the major causes of sub prime mortgage crisis, by guaranteeing low income loans that should never have been made.

All that need be done is let the free market, unfettered by regulation and corporate cronyism, reign.
That way competently run institutions succeed and competently run institutions fail.

The fact that the two biggest defenders of Fannie and Freddie, Dodd and Frank, when it was heavily engaged in the disastrous sub prime market, wrote this regulatory bill, should tell you exactly how bad it is.
12:11 PM on 07/19/2010
Marxist?!? Do you even know the ideology as proposed by Karl Marx?

I defy you to accurately match the components of this proposed bill with unique tenets of Karl Marx!


BTW, How does that Republican "tea" taste?


I think it has gone straight to your brain.
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mjc
Avoid printing any..
09:55 AM on 07/13/2010
Don't think Russ Feingold needs to be stomped on for objecting to a bill, supposedly a "reform" bill, that even Volcker, while reluctantly supporting the measure, has many misgivings about. This has been the Obama administration's tack for almost every bill of any significance. You get something...but the nod to the Republicans, whether in the interests of bi-partisanship or just an underlying empathy, always boils away the real substance, the real teeth. Any legislation that isn't truly going to regulate the banks and the investment houses in a meaningful way will be further watered down in the implementation. And for sure Obama isn't using his "bully pulpit" to shame the bankers or the rock headed Repugs who want as little as possible hands on by the government.
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Trublulu
11:29 AM on 07/13/2010
Completely disappointed with Feingold. If this bill doesn't pass, there won't be any attemps to rein-in Wall Street in the foreseeable future. Fiengold is crazy to align himself with ther Republicans just because he has a strong opponent in the Tea Party. The people who support Feingold have nothing in common with the Tea Baggers, and neither should Russ.
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mjc
Avoid printing any..
11:59 AM on 07/13/2010
You miss the point: he isn't aligning himself with the Republicans. He is trying to get Obama and some of the other Democrats to support a stronger bill. The fear is that Obama will never veto any bill that gives SOME regulatory control, no matter how small and no matter how dependent it is on some commission doing the right thing,
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LONDON3
Music keeps me sane in a crazed society :-)
08:34 AM on 07/13/2010
The Replubicans and their friends ARE the Wall Street Bankers...go figure. . A lot of teabaggers though are poor white trash lacking real education ....easy to mislead and quick to follow! Rich Republicans can count on their vote and in turn won't do a damn thing for em'..... get the facts not the (faux) fiction...Don't be a role player, be a role model !!!!!
09:25 AM on 07/13/2010
What is wrong with having wealthy friends ? It seems to me that friends are usually pretty well matched financially and are usually of pretty equal wealth. You going to hang out with the dude with the 2005 Chevy ? Indian Hill has a large teabagger group where homes are 2 million and up and thick with execs. Dr.s etc. Wealthy role models who don't want or need anyone to "do" a damn thing for us.
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WOODSTOCKER51
HAVE A NICE DAY!
10:07 AM on 07/13/2010
.MAYBE THEY ARE ALLOWED TO PARK THEIR "DOUBLE WIDES" ON THEIR FRONT LAWNS.........:)
HUFFPOST SUPER USER
Hemihead
10:12 AM on 07/13/2010
Some day I'd like to see the wealthy go on strike. Since the wealthy are always getting condemned for being wealthy, by the administration and it's supporters, maybe they shoud say: 'OK, we've made enough, we're going to close down our businesses and lay off all our employees, we've made enough to last us the rest of our lives.'

We'd soon find out who was making money off of whom.

Obama, Pelosi, Reid, and their supporters, who evidently would rather have people rely on government than have people rely on themselves, need the wealthy more than the wealthy need them. They evidently are too stupid to realize it.
06:27 PM on 07/13/2010
Where have you been? The white house appointees-yes, obama's friends were Wallstreeters. Have you ever been to a tea party? I went out of curiosity-no white trash, in fact white, black, a couple of hispanics, etc. And not only were most of them very well educated (this took place in one of the highest per capita counties in the u.s., and many of these people have doctorates, law degrees, are engineers, accountants, as well as the skilled labor and middle class. NOT easy to mislead those that have a pulse, can think for themselves, and know not to believe what is always readily available. It is always easy to be a lemming, it takes some effort to find out what is really going on in the country.
11:43 PM on 07/15/2010
Actually I think you missed the update - maybe 6 months ago. It was determined the Tea Baggers are highly educated, rich people just looking down on the plain folk. They don't want anyone to take any of their money away and could care less about the rest of the country who is down and out right now.