Democrats signal support for Wall Street bailout at Senate hearing
By Barry Grey
24 September 2008

At a hearing Tuesday, Democratic members of the Senate Banking
Committee assured Treasury Secretary Henry Paulson and Federal Reserve
Board Chairman Ben Bernanke that they would move quickly to pass
legislation authorizing the Bush administration to launch a trillion-
dollar-plus bailout of Wall Street.

While a number of senators from both parties sought political cover in
the face of growing popular opposition to the taxpayer-funded bailout
by making populist-sounding declarations, the basic tone was set by
Charles Schumer, the Democratic senator from New York who heads the
Joint Economic Committee of Congress.

Insisting there was no time to consider the causes of the greatest
economic crisis since the Great Depression, or investigate the bankers
whose actions precipitated the financial disaster, Schumer declared,
“We must look forward, not backward.”

“It’s not fair, it’s not right, but that’s the world we live in,” he
said. He added, “I want to assure the markets, we will not Christmas
tree the bill. We will act and act soon.”

The hearing was billed by the media as a confrontation between angry
and skeptical senators and the top financial regulators in the Bush
administration. But it was held in the midst of intense closed-door
negotiations between the administration and congressional leaders and
repeated assurances from the Democratic and Republican congressional
leadership that progress is being made toward rapid passage of the
bailout legislation.

On the eve of the hearing, Senate Democratic Majority Leader Harry
Reid of Nevada said, “Democrats in the Senate aren’t going to drag our
feet. We’ll respond with the urgency of action that this situation
demands...”

Speaker of the House Nancy Pelosi, Democrat of California, after a
meeting with party leaders Monday night, reiterated that she was
committed to getting a bill to the president as quickly as possible.

President Bush, speaking before the United Nations on Tuesday, said he
was “confident... that there will be a bipartisan bill and that the
Republicans and Democrats will come together to get this piece of
legislation passed.”

The five-hour hearing was an exercise in deception and double-talk on
all sides. The main witnesses, Paulson and Bernanke, gave brief and
perfunctory opening statements that repeated the mantras they have
employed since announcing the bailout plan last Friday.

They both reiterated that the US and global economy had been brought
to the brink of collapse by the bursting of the US housing and credit
bubbles. They insisted that Congress had to immediately sanction their
plan for the American people to subsidize the financial elite by
handing over hundreds of billions in public funds in exchange for
virtually worthless mortgage-backed securities and other bad debts
piled up by the banks and financial institutions.

The brevity and vacuity of their remarks reflected their contempt for
Congress and the democratic rights and social conditions of the
American people. They provided neither an explanation for the crisis
nor any details of their bailout program.

Declaring that “last week our credit markets froze,” Paulson, the
multi-millionaire former Nixon administration official and CEO of
Goldman Sachs, demanded that Congress “enact this bill quickly and
cleanly, and avoid slowing it down with other provisions that are
unrelated or don’t have broad support.”

This is code for any measures to provide relief to homeowners facing
foreclosure or the millions of workers who face the loss of their
jobs, livelihoods and life savings as a result of the predatory
policies of Wall Street, and who are being told they must foot the
bill for the bailout.

In one breath Paulson said that the root cause of the crisis was the
housing “correction,” (without explaining what had caused the collapse
of home prices and wave of foreclosures), and in the next he made
clear his opposition to any serious measures to help people stay in
their homes, a precondition for stabilizing home prices. Not a single
senator pointed out this contradiction.

He and Bernanke came before the Senate as the representatives of the
American financial aristocracy, which is adamantly opposed to any
measures that would negatively impact their bank accounts and stock
portfolios. Notwithstanding their occasional grandstanding, the
senators paid the expected obeisance.

Christopher Dodd of Connecticut, the Democratic chairman of the
committee, made an opening statement in which he summed up, fairly
accurately, the proposal that Paulson had put before congressional
leaders over the weekend.

“The proposal,” he said, “is stunning and unprecedented in its scope
and lack of detail. It would allow him (Paulson) to intervene in the
economy by purchasing at least $700 billion of toxic assets. It would
allow him to hold on to those assets for years and to pay millions of
dollars to handpicked firms to manage the assets. It would do nothing
to help even a single family save a home. It would do nothing to stop
a single CEO from dumping billions of dollars of toxic assets on the
backs of taxpayers—and walking away with a bonus and a golden
parachute. And it would allow him to act with utter and absolute
impunity—without review by any agency or court of law. After reading
this proposal, I can only conclude that it is not just our economy
that is at risk, Mr. Secretary, but our Constitution as well.”

Dodd then hastened to declare, “Nevertheless, in our efforts to
restore financial security to American families and stability to our
markets, this committee has a responsibility to examine this proposal
carefully and in a timely manner.” He went on to praise Paulson,
Bernanke and the other government witnesses as “good” and
“intelligent” men.

Dodd, other Democrats and some Republicans are appealing to Paulson
and the Bush administration for marginal amendments to their initial
proposal, which they hope can be used to diffuse popular anger and
make the bailout appear more “fair.” These include some form of
oversight of the treasury secretary, “conflict of interest” provisions
regarding the Wall Street firms that will manage the program, language
to limit—or give the appearance of limiting—executive pay of companies
that offload their financial junk to the government, a requirement
that companies hand over stock or stock warrants as collateral, and
some form of minimal relief for distressed homeowners.

While the Bush administration has indicated it is considering the
proposals on oversight and stock warrants, and press reports suggest
it might accept some token limit on executive pay, it remains adamant
against relief to homeowners, including a Democratic proposal that
would allow bankruptcy judges to alter the mortgage terms of people
facing foreclosure. The latter has been fiercely opposed by the
banking industry since the housing crisis erupted last year, and
Democratic leaders have privately given assurances that they are using
it merely as a bargaining chip.

In fact, the proposals being pushed by the Democrats on oversight,
conflicts of interest and executive pay are utterly toothless. An
amended bailout bill submitted by Dodd to Paulson on Monday makes this
clear.

The supposedly independent “emergency oversight board” in the bill
would be chaired by Bernanke and include the head of the Federal
Deposit Insurance Corporation, the chair of the Securities and
Exchange Commission, and financial “experts” appointed by the
Democratic and Republican congressional leadership—that is, Wall
Street figures and the government regulators who are pushing the
bailout plan.

Rules on conflicts of interest would be drawn up by Paulson, as would
any nominal limitations on executive pay.

In the question-and-answer period that followed the opening statements
at Tuesday’s hearing, Paulson and Bernanke refused to give a straight
answer to a single question, or provide any information on their
bailout plan beyond the vague formulations contained in their initial
proposal.

Instead, they combined dire predictions of disaster should their plan
be rejected with evasions, bromides and assurances that their sole
concern was the well-being of the American people.

Asked how the government would set the price on the toxic assets it
bought from the banks, Paulson refused to be pinned down. He would go
no further than suggest that the Treasury would use “reverse auctions”
to carry out the transactions.

As some commentators have pointed out, the plan, by its very nature as
a bailout of the banks, requires that the government pay premium
prices for junk assets far higher than what they could fetch on the
market, with the banks pocketing the difference and the people paying
the cost.

Asked why the government did not demand shares of stock in the
companies being bailed out, Paulson would only say that he might
consider such a measure down the road, but that the success of the
plan required that he have unfettered flexibility in working out the
details.

He responded to a question about taxpayers being put “on the hook” by
saying, “You ask me about taxpayers being on the hook? Guess what,
they are already on the hook.”

Asked what provisions would be made to prevent conflicts of interest,
Paulson replied, “We have procedures to mitigate conflicts.”

Asked about oversight, he said, “We will bring in experts and work
through this.”

When the ranking Republican on the committee, Richard Shelby of
Alabama, asked, “What’s it going to do for the homeowner?”

Paulson retorted, “Not every homeowner is going to be able to save
their home.”

Asked by Republican Senator Jim Bunning of Kentucky how he knew the
program’s stated cost of $700 billion would be enough, Bernanke
replied, “It’s hard to know how much is enough.” (In fact, as everyone
involved in the hearing knew full well, the $700 billion figure is a
fiction, since Paulson’s proposal stipulates that the Treasury can
hold only that amount of purchased bank assets at any one time).

The following exchange between Schumer and Paulson typified the
stonewalling by Paulson and Bernanke and the refusal of the senators
to challenge them:

Schumer: “How about doing this in stages, with, say, $150 billion now,
and then come back in January and see how we’re doing? Could you live
with less?”

Paulson: “I think that would be a grave mistake. Give us the tools we
need to make this work.”

Schumer: “Why?”

Paulson: “It’s about market confidence and having the tools to do the
job.”

In response to questions about requiring the banks to sell stock to
the government and imposing limitations on executive pay, Bernanke
warned against any measures that might “limit market participation.”

Paulson sounded the same theme, declaring, “If you impose any kind of
punitive conditions, this program won’t work and we’ll all lose.”

The two fixed principles enunciated by Paulson and Bernanke were (1)
the treasury secretary must be given unlimited power to place the
wealth of the country at the disposal of Wall Street, and (2) the
financial elite must suffer no consequences.

At about 2:20 p.m. Paulson suddenly declared, “We have to go,” and
Dodd immediately wrapped up the hearing—but not before the following
display of obsequiousness and hypocrisy:

“I hope our witnesses see the value of this,” Dodd bayed. “The public
gets a better understanding. Your answers have been very good. Most of
us understand the gravity of the situation and it’s important that we
act. It’s extremely important that we work together on this. We thank
you immensely for the time you’ve spent.”


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