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Robert Scheer

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You Can Arrest an Idea

Posted: 12/01/11 05:27 AM ET

The bankers slept well. Their homes in Beverly Hills were not spotlighted by a noisy swarm of police helicopters, searchlights burning through the sanctity of the night, harassing the forlorn City Hall encampment of those who dared protest the banks' seizure of our government. I live within sight of the iconic Los Angeles City Hall, and at first I thought it was being used once again as a movie location, given the massive police presence, as if an alien invasion was being thwarted.

Not eager to test the resilience of my new heart valve, I hesitated until the first crack of dawn to visit the place where former Labor Secretary Robert Reich and I had spoken weeks before at a teach-in on the origins of the economic crisis. I described the scene back then as a Jeffersonian moment, exactly the kind of peaceful assembly to redress grievances that the Founders of our nation enshrined in the Bill of Rights. But at 5 a.m. Wednesday there was only a graveyard of democratic hope. The protesters were gone, 200 arrested for exercising their constitutional rights, and only the television crews stayed to pick over the carcass of tents, books and posters, including one I pulled from the debris that read "99% you can't arrest an idea." Actually, you can, and the bankers have, as a result, been able to reoccupy Los Angeles' City Hall and every other contested outpost of power throughout the nation.

The liberal Democratic mayor, a past president of the Southern California ACLU, was pleased with the efficiency of the "community policing" approach of his police department. "I said that here in L.A. we'd chart a different path, and we did," Antonio Villaraigosa boasted. However, the result was the same as elsewhere; the bankers were protected from the scorn they so richly deserve and there will no longer be a visible monument to the pain that they have caused. To ensure a pristine, amoral town square, huge concrete-anchored fences were quickly installed to prevent further access to the public space surrounding City Hall.

Of course the traditional cardboard encampments of the homeless three blocks away, a sprawling and constant feature of life in downtown Los Angeles, remained undisturbed. Sanitation and safety issues are of no concern as long as such manifestations of deep societal inequality are so far from the corridors of power as to be, in effect, invisible.

Such profound contradictions in the application of state power seemed not at all to bother the first wave of government workers arriving at the various local, state and federal office buildings. I lined up with some of the early birds at the employee entrance to City Hall -- the closed public entrance had a forbidding police presence -- and told the guard that I was there with a literary offering for the mayor, whom I have long known.

My gesture was quite pathetic. I brought him a copy of my book "The Great American Stickup," which he had once claimed to have read and admired, to remind him that he should be arresting the real criminals rather than the victims of their financial swindles. For a confirmation of that point, I also intended to present the mayor with the transcript of U.S. District Judge Jed S. Rakoff's ruling this week rejecting the sweetheart deal between the SEC and Citigroup. The settlement, one of dozens like it offered to the banks, would have let Citigroup off the hook for a pittance in fines in return for closing cases involving immense corruption on the part of the bankers, who would not have to admit guilt for their crimes.

And crimes they clearly are, far beyond the scope of pitching a tent in a public park. As Judge Rakoff stated, the Securities and Exchange Commission has charged Citigroup with "a substantial securities fraud" in the sale of a billion dollars' worth of toxic securities that were designed to fail and which the bank had bet against. Rakoff, who has handled a number of these cases, complained that Citigroup, like the other major banks, is a recidivist. Citigroup had already paid fines for four similar scams. The judge observed that "although this would appear tantamount to an allegation of knowing and fraudulent intent, the SEC, for reasons of its own, chose to charge Citigroup only with negligence" despite the far more serious charges called for in securities law.

The failure of the SEC or any other government agency to hold the banks accountable provides the essential justification for citizen action of the sort the Occupy movement has offered. In his concluding summary, Rakoff stated: "Finally, in any case like this that touches on the transparency of financial markets whose gyrations have so depressed our economy and debilitated our lives, there is an overriding public interest in knowing the truth. In much of the world, propaganda reigns, and truth is confined to secretive, fearful whispers. Even in our nation, apologists for suppressing or obscuring the truth may always be found."

Count the liberal mayor of Los Angeles, a man I have respected and voted for, as one of those apologists for suppressing truth in the name of civic order. As I meekly allowed myself to be ordered about by the police clearing the area so that the concrete barriers could be installed, I wondered whether I had not been reduced to the status of a fearful whisperer.

 
 
 
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HUFFPOST SUPER USER
Minimax
Just a tourist
10:56 AM on 12/04/2011
Why aren't Robert Scheer's columns in the LA Times?
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HUFFPOST SUPER USER
Frand1118
08:38 PM on 12/01/2011
Great piece!
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HUFFPOST SUPER USER
laurieanichols
je pense donc, je suis
07:48 PM on 12/01/2011
What is especially sad is that last night's episode of Harry's Law written by David E. Kelly addressed how a woman who was foreclosed upon was arrested and found guilty of robbing the bank that foreclosed her house yet not one of the profiteers at the big banks has been arrested. This gets especially galling when you learn that the banks profited from 7.7 trillion dollars of secret loans and handouts and the big banks used that liquidity to take in 13 trillion in profits while homeowners all over have their savings and equity wiped out. It is criminal but sadly it isn't in the eyes of the GOP.
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BluePhantom2
The Blacksmith & the Artist reflected in their art
06:12 PM on 12/01/2011
Thats the funniest stuff Iv'e read since Dilbert this morning. Party on fellow travelers!
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HUFFPOST PUNDIT
MrBadExample
Friends call me ‘exampleicious’
05:42 PM on 12/01/2011
Mr. Scheer: You can PRETEND to arrest an idea and you can THINK you've arrested an idea.
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HUFFPOST SUPER USER
cadawa
04:51 PM on 12/01/2011
Right on Bob. The real criminals are the ones having the protestors arrested. It's the very definition of corruption, complete and absolute.
But the 'idea' hasn't been arrested, only one small symbol has been removed (temporarily) and that is all ready morphing into dozens of other actions in other places; from occupying homes that are about to be forclosed to closing ports, to setting up other camps at other 'crime scenes'. The more injustice is heaped on upon injustice, the stronger the movement will become and the more certain it is that they will triumph.
04:35 PM on 12/01/2011
villaraigosa has no shot at Governor or at Senator, he is preparing for his next incarnation as a lobbyist.
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HUFFPOST SUPER USER
muck-raker
give me liberty or give me death
03:59 PM on 12/01/2011
The Great American Stickup: How Reagan Republicans and Clinton Democrats Enriched Wall Street While Mugging Main Street Robert Scheer, Following Ronald Reagan’s obsession with the “radical deregulation” of financial markets through its apotheosis under the Clinton administration to Obama’s reform efforts--which rely, oddly enough, on Clinton cronies to clean up (and profit from) the mess they made--Scheer (The Pornography of Power) proves that, when it comes to the ruling sway of money power, Democrats and Republicans, Wall Street and Washington make very agreeable bedfellows.
.. Scheer names names (Robert Rubin, Lawrence Summers, Alan Greenspan), while praising those who sounded the alarm and underscoring the foreseeable results of putting Wall Street in the driver’s seat. What grew in this regulatory vacuum, Scheer shows, was a global “casino,” a mind-bendingly enormous and arcane system of gambling on new financial products worth hundreds of trillions of dollars. By 2007, when the house of cards collapsed, Wall Street alone understood what it had wrought while its government partners remained clueless. (Oct.)
03:59 PM on 12/01/2011
"Fearful whisperer". Hillarious. How about "free market capitalist". Did you see how he strategically got the title of his book involved in his pitiful story? I'm surprised he didn't tell you it was available at Amazon 20% off for OWS protesters. I admire the guy, just like I admire the people selling weed at the campouts. THAT is the American spirit, and that is is what the OWS protesters need to get a dose of. Sorry you have been hurt by the economy. Get over yourself, pull yourself up by your bootstraps, and be the best you can be. Despite what so many think, America is still there for the taking-stop making excuses and go out there and get yourself some of that American Dream.
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03:46 PM on 12/01/2011
Money does not necessarily make the world go round. It turns the head of many when proper control is missing!
02:36 PM on 12/01/2011
Perhaps we need the emergence of a platform, defined, understandable, and led by many voices, by those with knowldege and cunning concerning their own particular piece of the overall OWS pie, and clear, repeated statement of such platform, where peaceable assembly and pepper spray meet, and officers following orders realize that they are part of what OWS truly stands for. Not all laws are just, or even Constitutional, therefore we have the system of courts and judges up to the Supreme Court. What if colleges of medicine were low-profit as a service to America but tuition could be set to maintain quality and very good but not unlimited pay for talented professors? What if health insurance were also low-profit, as well as everything medical but without sacrificing quality or payscales of large numbers of people? What if the CEO of a big-box store couldn't make $16 Million a year but had to re-invest it in his impoverished employees? How much is enough? Enough is enough. Money has 2 purposes. Basic safety and comfort. It's a tool, only that and no more.
02:35 PM on 12/01/2011
Human suffering! Survival! You go OWS!!! There's no human compassion anymore. It's been replaced with GREED!
TRRoughRider
Truth be Known
01:43 PM on 12/01/2011
This is my humble prediction. Presently, Wall Street is sitting on trillions of dollars in derivatives and credit defaults none that are worth hardly anything given the present economic situation our Country is in and in Europe. Both Wall street and the European Banks are desparately trying to avoid the collapse of these derivatives and credit defaults but even they know will eventually will implode because the US and Europe do not have the proper economies to support or hide such risk exposure for much longer. So while the OWS movement has begun and are now regrouping to strengthen their message and cause, another economic meltdown is going to happen, not if but when, and when it does the OWS movement will be a good position to influence true reform for all citizens here in this Country as well as in others.
06:54 PM on 12/01/2011
How are people who can't find jobs interesting enough to keep them off the streets during the day and night going to influence the world order ,exactly. True reform, which is what? Who's paying the ows movement anyhow and don't some of those groups own positions in the credit derivatives. They did last time and they made a bundle.
TRRoughRider
Truth be Known
01:27 PM on 12/01/2011
The pot of water is beginning to simmer as indicated by the occupy movments occuring around the Country due to the Corporate take over of all branches of our Federal goverment. To me the occupy movement is doing only what patriotic amercans should and are legally obligated to do as evidenced by laws that are stipulated in the Constitution and Bill of Rights when the Federal goverment of our Country was created. The Occupy movement is expressing their right to address their grievances to their Goverment that was expressly created by the people for the people not by the Corporations for the Corporations. Goverment officials can suppress the people's right to present their grievances and maintain business as usual at their own risk and peril. The people are aware who cause this economic mess and were bailed out as a result with no real reforms resulting there from. As a result, another economic collapse is just around the corner that will certainly cause the water to boil out of the pot scalding the 99% and causing them to take stronger actions in response. Wall Street is sitting on trillions of dolllars of securitized derivatives and credit default swaps that could make the last economic downturn seem like a small bump in the road.

Just remember our country was created by revolution caused by Taxation Without Representation.
01:27 PM on 12/01/2011
Where'd Jesus go? Where is our Martin Luther and his 95 theses? Our dear MLK of the 1960's? Where is George Orwell!? Just thinking, "OWS needs a VOICE!" They are reduced to the status of cockroaches, their champions to fearful whisperers, their status to rubble, accused that they don't even know what they want, are too young to matter, need to just get a job, are just envious of the wealthy, and so the fingers point and jab. OWS stands for ubiquitous and painful American gross social and economic injustice, moral American outrage and human pain. Problem: The real issues are unified at heart, but legion in complication. Compare: The 1960's anti-war protests were about a single, identifiable, naked thing. How to clarify the pain of rampant, hidden injustice? Any single case chosen, as if a menu with pictures were available, would be, "But that's just a single incident." OWS has no charismatic, knowledgable, outspoken leader. How long would such a leader's life expectancy be once the spotlight turned back to daytime soaps? Being a writer at heart, and a liberal, news-reading college graduate, I have pined for years for what OWS is trying (and failing) to be: A Voice. So, where am I? Disabled, vulnerable, alone, scared stiff, angry, but at least able to post here. (I chose Internet over cable TV). I fear for my country, and my own plight.
HUFFPOST SUPER USER
powermuffn
Humble, progressive viewpoints since 1972
01:43 PM on 12/01/2011
Very well written, well-stated.

While the Occupy Movement seems to be too big for any one voice to lead, I would offer you solace only in this: As long as you can vote -- as long as THEY can vote -- and you DO, you have a voice, no matter how small it may seem. It counts.

Fanned & Faved.
02:17 PM on 12/01/2011
Thankyou. Yes, I vote. Voting, at least for now, seems pretty unencumbered by matters of money or gross corruption. Too bad I didn't vote in 2000. I vote religiously now; now more than ever. George W won by inches, bled us dry for years. Ouch.
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HUFFPOST SUPER USER
happylonersarah
Of all the Planets, WHY was I born on this one?
02:19 PM on 12/01/2011
Very well said.