Obama on Banking: The Worst Deal They Could Cut
I have had a somewhat up-and-down history with the folks in the Obama administration. I was proud to be their liaison to the progressive community during the Obama-Biden Presidential transition, and have labored mightily to help them at several key junctures during this first term. I have been quite critical of them at times on political strategy and specific policies, but have always supported them overall because I know Barack Obama is a far superior President to any of the extremist lunatics in the Republican Party: I definitely prefer a sane, intelligent President to any one of those turkeys. I have been especially appreciative of their outreach to me and other progressives since Rahm Emanuel left for Chicago, and have been thrilled with Obama's new found messaging toughness on jobs and taxing millionaires over the last couple of months. The administration’s messaging strategy, as well as a lot of key policy decisions, has been much stronger in the last couple of months, for which they deserve a large measure of credit. Knowing the stresses of working in the White House, I am impressed with the staff I know for their patience, hard work and dedication, and for being in politics for the right reasons, because I really do believe they are trying to make the world a better place.
But, boy, am I about to get on their bad side. It's not that I am taking any of the above back: I still very much want Obama to win re-election in 2012 against Mr. 1 Percent, Mitt Romney, or any of the other Republicans who might get the nomination. But I fear that without a major change of course, the administration is choosing a path which will be devastating both economically and for them politically in 2012. I figure my friends at the White House getting mad at me is well worth it if I can contribute to saving them from themselves.
This banking deal that I have been writing about for the last week was the subject of a great piece by Gretchen Morgenson in the New York Times, and as more details emerge, it looks even worse than a lot of us who have been following this issue thought it would be. We already knew that the $25 billion fund being created would only cover 5 percent of the underwater mortgage foreclosure problem, but Morgenson reports that most of the $25 billion isn't from the banks themselves, but from taxpayers. A dozen banks would contribute a grand total of $3.5 to $5 billion toward the settlement, pocket change for massive companies that apparently approved their foreclosure mill law firms likely committing over 1,000,000 counts of perjury in the robo-signing process. The rest of the money, about $20 billion, would come in the form of "credits" banks essentially give themselves if they agree to reduce a certain amount of the principal owed on mortgages. We don't know the details yet, but given that all banks in the home lending industry write down some mortgages, unless the details are tough on the banks (a phrase not generally heard of among regulators in this era), this will be giving banks credit for mortgages they would be writing down anyway. And if they don't end up writing down as much as they project, they probably won't end up being penalized for it given the history of programs like HAMP.
And in exchange for the pocket change penalty and agreeing to get credit for doing what they would have done anyway (which would be very big of them), banks would be given legal immunity for all those perjury counts and all the other fraudulent activity done through the MERS corporation — a shell corporation set up by the biggest banks to help them securitize all those mortgages into the financial products that caused the housing bubble and financial panic of 2008.
Now look, I have never been a single-issue person, and I live in DC and work in politics, so I see dirty sweetheart deals for wealthy and powerful special interests all the time. But the housing crisis is the elephant in the room, the most central short-term economic issue that makes everything else pale in comparison. Long term, there are a number of very important economic issues that will determine our nation's future, reviving the manufacturing sector, creating green jobs, and getting wages rising again so the middle class starts to prosper principal among them. But in the short run, if housing stays dead and more than a quarter of homeowners stay underwater in their mortgages, this economy will not start producing significant numbers of new jobs, because the housing problems are so big they will drown everything else out. And giving away so much of the legal leverage we have over these bankers without negotiating to force them to write down those underwater mortgages will guarantee us a dead economy for many years to come. Welcome to Japan’s Lost Decade, squared.
It would be bad enough for Obama to make this economic decision that will likely ensure jobs don't start picking up before next year's election. Even worse for him, though, is the deadliest, most toxic political situation this puts him in. In a front page article in the Washington Post on Oct. 14, it was reported that "President Obama and his team have decided to turn public anger at Wall Street into a central tenet of their re-election strategy." David Plouffe was quoted as saying "We intend to make it [being tough on Wall Street] one of the central elements of the campaign next year." And they are absolutely right to do so, as that kind of populist messaging against the most unpopular institution in America is exactly what the doctor ordered in these tough times. I have been advocating a tough-on-Wall Street message for the Obama White House ever since they took office, and couldn’t have been more pleased to see this emerge as a central strategy. But if the administration rams through this ultimate in Wall Street sweetheart deals — a laughably pocket change fine combined with “credit” for what they would have done anyway, at the expense for a get out of jail free card for 1 million counts of perjury and a wide range of other potential fraud — they will have zero credibility to run as the tough on Wall Street candidate. ZERO. And look, it won't be just me who will notice how bad this deal is — and I'm a ton more sympathetic to the President than many of the people who will. Reporters like Morgenson will keep blasting away. Economists like former IMF chief economist Simon Johnson and Nobel Prize winners Joseph Stiglitz and Paul Krugman will be outraged. The tens of thousands of people occupying cities all across America will turn on the White House. The millions who have signed online petitions on Wall Street issues will be devastated. Organizations that are usually Obama’s allies like labor and MoveOn.org will likely condemn the deal. And at the end of that entire outcry, they will have no credibility left to ever tell voters they are tough on Wall Street. According to exit polls last year, by a sizeable margin more voters blame Wall Street for our economic mess than blame either Obama or Bush, and they were swing voters — the kind of voters who broke for Obama in 2008 and Republicans in 2010. But those voters will have no reason to think Obama will be more on their side instead of on Wall Street's if he pushes this deal through.


