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Robert Scheer

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The Democrats Who Unleashed Wall Street and Got Away With It

Posted: 02/ 2/2012 4:52 am

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 a fawning cover story in the 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 a softball interview, Clinton is once again allowed to pass himself off as a 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 Guru-Murthy of Channel 4 News, 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.

"I think the evidence is that I am right about that. If you look at the big players, Lehman and Bear Stearns were both standalone investment banks," Summers replied, referring to two investment banks allowed to fold. Summers is very good at obscuring the obvious truth -- that the too-big-to-fail banks, made legal by Clinton-era deregulation, required taxpayer bailouts.

The point of Glass-Steagall was to prevent jeopardizing commercial banks holding the savings of average citizens. Summers knows full well that the passage of the repeal of Glass-Steagall was pushed initially by Citigroup, a mammoth merger of investment and commercial banking that create the largest financial institution in the world, an institution that eventually had to be bailed out with taxpayer funds to avoid economic disaster for millions of ordinary Americans. He also knows that Citigroup -- where Robert Rubin, who preceded Summers as Clinton's treasury secretary, played leading roles during a critical time -- specialized in precisely the mortgage and other debt packages and insurance scams that were the source of America's economic crisis.

Even Clinton, in a rare moment of honest appraisal of his record, conceded that his signing of the Commodity Futures Modernization Act (CFMA), legalizing those credit default swaps and collateralized debt obligations, was based on bad advice. That advice would have had to come from Summers, his point man pushing the CFMA legislation, which Clinton signed into law during his lame-duck days.

When the British interviewer reminded him of Clinton's comment, Summers, as is his style, simply bristled: "Again, you make everything so simple, when in fact it's complicated. Would it have been better if the whole financial reform legislation had passed in 1999, or 1998, or 1992? Yes, of course it would have been better. But ... at the time Bill Clinton was president, there essentially were no credit default swaps. So the issue that became a serious problem really wasn't an issue that was on the horizon."

That is a lie. Credit default swaps had been sold at least since 1991, and collateralized debt obligations of all sorts quickly became the rage during the Clinton years. Summers surely remembers that Brooksley Born, the legal expert on such matters that Clinton appointed to head the Commodity Futures Trading Commission (CFTC), warned about the ballooning danger of those unregulated derivatives. Born, who served with Summers as one of four members of the President's Working Group on Financial Markets, tried repeatedly and in vain to get her colleagues to act. When her pleas fell on deaf ears she issued a "concept release" calling attention to an unregulated derivatives market that was even then spiraling out of control.

The CFMA legislation that Summers pushed and Clinton signed was a specific rebuke to Born's efforts. As Summers testified at the time before a Senate committee: "As you know, Mr. Chairman, the CFTC's recent concept release has been a matter of great concern, not merely to Treasury, but to all those with an interest in the OTC [over-the-counter] derivatives market. In our view, the Release has cast the shadow of regulatory uncertainty over an otherwise thriving market -- raising risks for stability and competitiveness of American derivative trading. We believe it quite important that the doubts be eliminated."

Those doubts were eliminated by the new law exempting all of that troubling OTC derivatives trading from all existing regulations and regulatory agencies. Summers argued in his congressional testimony that there was no reason for any government regulation of what turned out to be tens of trillions of dollars in toxic assets:

"First, the parties to these kinds of contracts are largely sophisticated financial institutions that would appear to be eminently capable of protecting themselves from fraud and counterparty insolvencies and most of which are already subject to basic safety and soundness regulation under existing banking and securities law.

"Second, given the nature of the underlying assets involved -- namely supplies of financial exchange and other financial instruments -- there would seem to be little scope for market manipulation of the kind seen in traditional agricultural commodities, the supply of which is inherently limited and changeable."

Has any economist ever gotten it so wrong?

 
 
 
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HUFFPOST SUPER USER
stop the oligarchy
02:57 PM on 02/11/2012
Citigroup didn't need bailouts to prevent disaster for millions of ordinary Americans. Citigroup needed bailouts because they had traded in exotic derivatives, etc. -- stuff that would have been illegal under the Glass-Steagall Act. So instead of doing the obvious (reinstating Glass-Steagall), the government went ahead with bailouts which are continuing to this day under Obama and have destroyed the nation.
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HUFFPOST SUPER USER
stop the oligarchy
10:31 AM on 02/11/2012
Clinton doesn't defend the repeal of Glass-Steagall. In fact, he has stated the exact opposite: that it was one of the biggest mistakes he made as president. On top of things, if you remember, in that time period, Clinton was under a lot of pressure. It was a time when it was more likely that Wall Street could talk him into passing the Gramm-Leach-Bliley Act.
10:45 AM on 02/08/2012
This shows exactly why I'm rather negative about Bill Clinton. He either was in with the banksters through people like Summers and Rubin, or he showed very poor judgement.
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blessedfrog
Smedley Butler
05:48 PM on 02/03/2012
great article
03:00 PM on 02/03/2012
Seems like they all got away with it, the very model of bipartisanship.
02:20 PM on 02/03/2012
I have always blamed Clinton for a lot of the mess.

Obama went to see Hilary then he went to visit the republican leaderss and big business. Coincidence?
11:36 AM on 02/03/2012
Yet most here just simply blame Bush. Not that he's innocent of wrongdoings mind you however you can only play the hand that is dealt you. So for those that claim Obama is innocent because he "inherited" this, guess what, the same applies to Bush.
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HUFFPOST SUPER USER
Saulius Muliolis
The Free Market's Alibi
12:32 PM on 02/03/2012
I blame Bush mostly because he TALKED free markets, but did everything but. It was just talk. Steel tariffs, Sarbanes Oxley, American Dream Downpayment Act, prescription drug benefits, record deficit spending, and so on.
12:55 PM on 02/03/2012
Sure but go through all of them and you will pick out something you don't like. It's the "tribe" mentality. Clinton's push for affordable housing, and it's popularity for some, leads to the Downpayment act and so on and then a bubble and then a bust. It's the unintended consequences that always get us. SarBox was supposed to protect investors etc. however it just put a major burden on businesses, again unintended but that's what happened. Look at Cash for Clunkers. Sounds good until you realize you are just subsidizing those that could afford a car anyway AND you destroyed cars that the "poor" could really have used. That leads to the "green" push where Volt is being HEAVILY subsidized and then you realize, again, the "poor" are never going to afford a $45K car and again we subsidize the rich. And so on and so on. I blame Carter, Reagan, Bush, Clinton, Bush, Obama and the next guy! Have a good one!
02:19 PM on 02/03/2012
It isn't free market when the Medicare Prescription Drug plan cannot bid for lower prices by LAW put in by Bush and Boehner, etc.
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10:57 AM on 02/03/2012
Clinton's time was better days than the present. The reason is that he opened the doors to usher in the bad current days. Financial deregulation, NAFTA, broadening the use and abuse of the military (Kosovo), etc...
He fused a time bomb and walked away.
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05:03 PM on 02/03/2012
Yes, he walked away … and laughed all the way to the bank with his mega millions from grateful corporations
08:37 AM on 02/03/2012
If there was a law against hubris Summers would be in prison for life. From his outrageous comments when President of Harvard that women don't have the minds for science and math to his sexist treatment of Brookley Born, Summers is, was ,and always will be bad news for America.

I have never understood the cult of Clinton worship. During the 90s, the merger mania that went unchecked left thousands unemployed. I was downsized twice during his presidency, yet, somehow the fact that middle managers were beeing "slaughtered" as jobs got sent overseas was never on Clinton's radar.

It's only recently that conversations about long term while collar unemployment have begun to register with the media and public conscience.

Larry Summers is just one more example of how the rich screw with the rest of us while helping themselves and their friends to the public treasury.
02:22 PM on 02/03/2012
I agree. Not only did Clinton look the other way but so did the news media and the financial news network.
07:30 AM on 02/03/2012
Indeed, plus you could add that Clinton and Dodd and Frank all contributed mightily to the change in the community reinvestment act. The CRA became the impetus for the chicanery that birthed the "Everyone has a Right to own a home" Clinton speech that started this entire economic madness the US and the rest of the world is in now. As a token for the left YES Bush could not even figure out what was happening and when he did he choose to waste his chips not on turning that mess around but on invading Sadam's purvey. Poor Obama still can't figure it out.
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HUFFPOST SUPER USER
Y Woodman Brown
live & let live
07:29 AM on 02/03/2012
So, you're saying:

1) On the advice of his economists, President Clinton made some deregulation in 1992 which helped corporations earn solid funds that created a jobs boom, eight years of unparalleled prosperity and left us with a surplus at the end of his tenure.

1) On the advice of the Secretary of Treasury, in 1999, President Clinton signed the CFMA.

2) Wall Street financial advisors knew the potential ballooning nature of derivatives and credit default swaps if applied to junk trading.

3) Wall Street financial firms violated SEC regulations and intentionally put-together junk swaps and derivatives to rob America of it's hard earned income.

4) Even though economists in the Bush Administration were well aware of this abuse, they stood by and did nothing to support the SEC or reinstate Glass-Steagall.

5) After nearly eight years of unmitigated Wall Street swindling, a variety of financial bubbles were created--the largest of which was the housing bubble.

6) Did you mention the expense of the wars? Didn't we misplace nearly a trillion dollars in Iraq?

7) Did the CFMA cause The Fed to print money like mad and devalue the dollar?

8) Didn't I read that, during the last quarter of the Bush Administration, seven trillion dollars went missing from The Fed and it was discovered that that money had been secretly handed-out to large corporations and Wall Street firms?

9) Things Crashed.

10) And you'd like to blame all of that on Bill Clinton?

Really?
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HUFFPOST SUPER USER
shankapotomus
07:59 AM on 02/03/2012
Who signed it?
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HUFFPOST COMMUNITY MODERATOR
4 EYES
I SEE YOU...and right through your words....8-)
10:20 AM on 02/03/2012
Who WROTE it??
11:37 AM on 02/03/2012
Sorry, should he have blamed Bush?
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HUFFPOST SUPER USER
Y Woodman Brown
live & let live
06:45 PM on 02/03/2012
Well what are we blaming for?

CFMA?

We can blame Clinton for signing the CFMA. We can blame his economic advisors for assuring him that it was yet another smart financial move for the country. We can blame Mr. Bush and his advisors for doing nothing to repeal the act. And we can blame Mr Obama and his advisors for exactly that also.

Financial Melt-Down?
Blame all over the place...Wall Street firms abusing CFMA. Wall Street players for violating SEC regulations and intentionally putting together junk deals--this, of course, is who Greece blames. Cheney sucked a couple of trillion out of America for the war. Paulson and Bernanke secreted a handful of trillions to the financial firms who abused the CFMA. The Fed didn't participate in it's own oversight and devalued currency by printing money.

So, there's blame all over the place there.

To blame Clinton alone is just wacky. Prior to the CFMA, he'd made a number of regulatory and deregulatory decisions that help create a corporate boom in the technology sector, spread that overseas and created jobs for everybody...plus left the nation with a national surplus--for one of the very few times ever in history.

Ok, signing the CFMA was a mistake, but that didn't cause the 11 trillion in national debt that Mr. Bush rang-up prior to the bursting of that CFMA bubble.

Me? I'm not blaming...simply noting the many actions which, together, caused our financial crises.
HUFFPOST SUPER USER
YogiBear53
Atlas IS shrugging.
07:02 AM on 02/03/2012
Both parties had a hand in the repeal. But the bigger issue is that no one learned a damned thing from the failure of LTCM. Levered up at 25 to 1, that company imploded. (100 PhD's not withstanding). Fannie and Freddie over levered at 50 to 1. If we are patient, I bet we'll this exact scenario again before 2020.
02:28 PM on 02/03/2012
They pushed a lot of bad loans off on Freddie and Fanny during the market crash.

They want Freddie and Fanny bankrupt so that Wall Street can take it over.

They also are doing what they can to bankrupt the postoffices.
HUFFPOST SUPER USER
YogiBear53
Atlas IS shrugging.
05:59 PM on 02/03/2012
Hmmm. I don't know who "they" are. But Fannie and Freddie were bankrupted by the greed of their own executives, who sought big payouts from growing those enterprises. Of course, they took unreasonable risks with taxpayer money.
The post office is just another bloated bureaucracy in an industry that is running its course. Truthfully, we don't need mail delivery 6 days a week. What a waste of fuel - to have postal vehicles running around like that. 3 days a week for mail delivery is plenty. Better for the environment to cut back the postal service.
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HUFFPOST SUPER USER
Josh Crawford
Just the facts, man!
03:41 AM on 02/03/2012
Before GlassSteagall was finally repealed in 1999 there had been at least a dozen attempts to directly appeal it in the prior twenty years...ALL led by Republicans (including and especially Phil Graham and Sandy Weill). In the meantime, it had been chipped away at and chipped away at to such an extent that by the time it was formally repealed in 1999, most of its "teeth" had already been pulled. While Clinton may have signed the bill that put the final "nail in the coffin", it was a process that had started YEARS (nay, decades) earlier. To blame it on Clinton is disingenuous at best. Yes, Clinton was more of a "free market" guy than most Democratic Presidents in history but his biggest fault was believing men like Phil Graham and Sandy Weill and even his own SEC Chairman Arthur Leavitt who convinced him that Wall Street could (and would) "self regulate". And I think we ALL know how that worked out. I spent a week with Sandy Weill and Arthur Leavitt in 1995 on a river trip in the Grand Canyon and I KNOW what they were thinking at the time (I was a guide on that trip on summer vacation from law school). Turns out that these brilliant (and nice) men were simply WRONG. They may never admit it, but they were wrong. Letting the fox guard the hen house never has and NEVER WILL be the right answer....
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Kai-HK
Don't Share My Wealth! Share My Work Ethic!
02:40 AM on 02/03/2012
There was nothing in Glass-Steagall that would have prevented the housing crisis, with much of the onus for it due to perverse monetary policy that kep interest rates too low and too easy for too long, and perverse government intervention in the market through legislation and Freddie and Fannie.

The government needs to get out of this industry and let free-market capitalism correct the mistakes of the government.

Kai
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MrWebster
Moderate this.
03:45 AM on 02/03/2012
Seven out of eight mortgages that went belly up where done by the unregulated private sector. So much for the myth of Freddie and Fannie and free markets making the world free and prosperous.
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HUFFPOST SUPER USER
Saulius Muliolis
The Free Market's Alibi
05:48 AM on 02/03/2012
That doesn't rule out the Fed's super-super-low interest rate policy as a major cause, and Freddie and Fannie as contributors.

With such super-super low interest rates from the Fed, I have to ask: What free markets?

Also, land use regulations at the local level (Read Thomas Sowell's "The Housing Boom and Bust"), all sorts of other home ownership measures by the government at all levels, FDIC insurance and the Fed as lender of last resort creating moral hazard, and so on and on and on.

So, WHAT FREE MARKET?

How can you blame a free market that wasn't there?
HUFFPOST SUPER USER
BARRISTER
04:56 AM on 02/03/2012
Which Planet have you been on in the last five years???
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HUFFPOST SUPER USER
Saulius Muliolis
The Free Market's Alibi
05:52 AM on 02/03/2012
The planet that had central banking in every single country, and a world bank, and the American Central Bank kept interest rates down to 1% for two years. This is also the planet which had Clinton's National Homeownership Strategy, Bush's American Dream Downpayment Act, past bailouts that led mortgage lenders to believe they would be bailed out, too (Remember the S&L crisis and bailout?), and massive government deficit spending.

THAT planet. What planet have YOU been living on?
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02:38 AM on 02/03/2012
Add Defense contractors,Insurance execs , Media moguls and Shareholders to the list who are Enabled by the USA Inc. to keep the masses controlled and fearful of their future.
What a system. Great if your in the top 10%. Chronic Insecurity for almost everyone .