Here is the conclusion of last Friday's 'Capitalist Fools'
The full article is available on the Vanity Fair website. -Ed

http://www.vanityfair.com/magazine/2009/01/stiglitz200901

The Economic Crisis - Part 2

by Joseph E. Stiglitz January 2009

The cut in the tax rate on capital gains contributed to the crisis in
another way. It was a decision that turned on values: those who speculated
(read: gambled) and won were taxed more lightly than wage earners who simply
worked hard. But more than that, the decision encouraged leveraging, because
interest was tax-deductible. If, for instance, you borrowed a million to buy
a home or took a $100,000 home-equity loan to buy stock, the interest would
be fully deductible every year. Any capital gains you made were taxed
lightly-and at some possibly remote day in the future. The Bush
administration was providing an open invitation to excessive borrowing and
lending-not that American consumers needed any more encouragement.


No. 4: Faking the Numbers

Meanwhile, on July 30, 2002, in the wake of a series of major
scandals-notably the collapse of WorldCom and Enron-Congress passed the
Sarbanes-Oxley Act. The scandals had involved every major American
accounting firm, most of our banks, and some of our premier companies, and
made it clear that we had serious problems with our accounting system.
Accounting is a sleep-inducing topic for most people, but if you can't have
faith in a company's numbers, then you can't have faith in anything about a
company at all. Unfortunately, in the negotiations over what became
Sarbanes-Oxley a decision was made not to deal with what many, including the
respected former head of the S.E.C. Arthur Levitt, believed to be a
fundamental underlying problem: stock options. Stock options have been
defended as providing healthy incentives toward good management, but in fact
they are "incentive pay" in name only. If a company does well, the C.E.O.
gets great rewards in the form of stock options; if a company does poorly,
the compensation is almost as substantial but is bestowed in other ways.
This is bad enough. But a collateral problem with stock options is that they
provide incentives for bad accounting: top management has every incentive to
provide distorted information in order to pump up share prices.


The incentive structure of the rating agencies also proved perverse.
Agencies such as Moody's and Standard & Poor's are paid by the very people
they are supposed to grade. As a result, they've had every reason to give
companies high ratings, in a financial version of what college professors
know as grade inflation. The rating agencies, like the investment banks that
were paying them, believed in financial alchemy-that F-rated toxic mortgages
could be converted into products that were safe enough to be held by
commercial banks and pension funds. We had seen this same failure of the
rating agencies during the East Asia crisis of the 1990s: high ratings
facilitated a rush of money into the region, and then a sudden reversal in
the ratings brought devastation. But the financial overseers paid no
attention.

No. 5: Letting It Bleed

The final turning point came with the passage of a bailout package on
October 3, 2008-that is, with the administration's response to the crisis
itself. We will be feeling the consequences for years to come. Both the
administration and the Fed had long been driven by wishful thinking, hoping
that the bad news was just a blip, and that a return to growth was just
around the corner. As America's banks faced collapse, the administration
veered from one course of action to another. Some institutions (Bear
Stearns, A.I.G., Fannie Mae, Freddie Mac) were bailed out. Lehman Brothers
was not. Some shareholders got something back. Others did not.


The original proposal by Treasury Secretary Henry Paulson, a three-page
document that would have provided $700 billion for the secretary to spend at
his sole discretion, without oversight or judicial review, was an act of
extraordinary arrogance. He sold the program as necessary to restore
confidence. But it didn't address the underlying reasons for the loss of
confidence. The banks had made too many bad loans. There were big holes in
their balance sheets. No one knew what was truth and what was fiction. The
bailout package was like a massive transfusion to a patient suffering from
internal bleeding-and nothing was being done about the source of the
problem, namely all those foreclosures. Valuable time was wasted as Paulson
pushed his own plan, "cash for trash," buying up the bad assets and putting
the risk onto American taxpayers. When he finally abandoned it, providing
banks with money they needed, he did it in a way that not only cheated
America's taxpayers but failed to ensure that the banks would use the money
to re-start lending. He even allowed the banks to pour out money to their
shareholders as taxpayers were pouring money into the banks.


The other problem not addressed involved the looming weaknesses in the
economy. The economy had been sustained by excessive borrowing. That game
was up. As consumption contracted, exports kept the economy going, but with
the dollar strengthening and Europe and the rest of the world declining, it
was hard to see how that could continue. Meanwhile, states faced massive
drop-offs in revenues-they would have to cut back on expenditures. Without
quick action by government, the economy faced a downturn. And even if banks
had lent wisely-which they hadn't-the downturn was sure to mean an increase
in bad debts, further weakening the struggling financial sector.


The administration talked about confidence building, but what it delivered
was actually a confidence trick. If the administration had really wanted to
restore confidence in the financial system, it would have begun by
addressing the underlying problems-the flawed incentive structures and the
inadequate regulatory system.


Was there any single decision which, had it been reversed, would have
changed the course of history? Every decision-including decisions not to do
something, as many of our bad economic decisions have been-is a consequence
of prior decisions, an interlinked web stretching from the distant past into
the future. You'll hear some on the right point to certain actions by the
government itself-such as the Community Reinvestment Act, which requires
banks to make mortgage money available in low-income neighborhoods.
(Defaults on C.R.A. lending were actually much lower than on other lending.)
There has been much finger-pointing at Fannie Mae and Freddie Mac, the two
huge mortgage lenders, which were originally government-owned. But in fact
they came late to the subprime game, and their problem was similar to that
of the private sector: their C.E.O.'s had the same perverse incentive to
indulge in gambling.


The truth is most of the individual mistakes boil down to just one: a belief
that markets are self-adjusting and that the role of government should be
minimal. Looking back at that belief during hearings this fall on Capitol
Hill, Alan Greenspan said out loud, "I have found a flaw." Congressman Henry
Waxman pushed him, responding, "In other words, you found that your view of
the world, your ideology, was not right; it was not working." "Absolutely,
precisely," Greenspan said. The embrace by America-and much of the rest of
the world-of this flawed economic philosophy made it inevitable that we
would eventually arrive at the place we are today.

***

http://www.commondreams.org/headline/2008/12/14-0

Bush Sneaks Through Host of Laws to Undermine Obama

The lame-duck Republican team is rushing through radical measures, from coal
waste dumping to power stations in national parks, that will take months to
overturn


by Paul Harris
The Guardian/UK: Sunday, December 14, 2008

After spending eight years at the helm of one of the most ideologically
driven administrations in American history, George W. Bush is ending his
presidency in characteristically aggressive fashion, with a swath of
controversial measures designed to reward supporters and enrage opponents.

By the time he vacates the White House, he will have issued a record number
of so-called 'midnight regulations' - so called because of the stealthy way
they appear on the rule books - to undermine the administration of Barack
Obama, many of which could take years to undo.

Dozens of new rules have already been introduced which critics say will
diminish worker safety, pollute the environment, promote gun use and curtail
abortion rights. Many rules promote the interests of large industries, such
as coal mining or energy, which have energetically supported Bush during his
two terms as president. More are expected this week.

America's attention is focused on the fate of the beleaguered car industry,
still seeking backing in Washington for a multi-billion-dollar bail-out. But
behind the scenes, the 'midnight' rules are being rushed through with little
fanfare and minimal media attention. None of them would be likely to appeal
to the incoming Obama team.

The regulations cover a vast policy area, ranging from healthcare to car
safety to civil liberties. Many are focused on the environment and seek to
ease regulations that limit pollution or restrict harmful industrial
practices, such as dumping strip-mining waste.

The Bush moves have outraged many watchdog groups. 'The regulations we have
seen so far have been pretty bad,' said Matt Madia, a regulatory policy
analyst at OMB Watch. 'The effects of all this are going to be severe.'

Bush can pass the rules because of a loophole in US law allowing him to put
last-minute regulations into the Code of Federal Regulations, rules that
have the same force as law. He can carry out many of his political aims
without needing to force new laws through Congress. Outgoing presidents
often use the loophole in their last weeks in office, but Bush has done this
far more than Bill Clinton or his father, George Bush sr. He is on track to
issue more 'midnight regulations' than any other previous president.

Many of these are radical and appear to pay off big business allies of the
Republican party. One rule will make it easier for coal companies to dump
debris from strip mining into valleys and streams. The process is part of an
environmentally damaging technique known as 'mountain-top removal mining'.
It involves literally removing the top of a mountain to excavate a coal seam
and pouring the debris into a valley, which is then filled up with rock. The
new rule will make that dumping easier.

Another midnight regulation will allow power companies to build coal-fired
power stations nearer to national parks. Yet another regulation will allow
coal-fired stations to increase their emissions without installing new
anti-pollution equipment.

The Environmental Defence Fund has called the moves a 'fire sale of epic
size for coal'. Other environmental groups agree. 'The only motivation for
some of these rules is to benefit the business interests that the Bush
administration has served,' said Ed Hopkins, a director of environmental
quality at the Sierra Club. A case in point would seem to be a rule that
opens up millions of acres of land to oil shale extraction, which
environmental groups say is highly pollutant.

There is a long list of other new regulations that have gone onto the books.
One lengthens the number of hours that truck drivers can drive without rest.
Another surrenders government control of rerouting the rail transport of
hazardous materials around densely populated areas and gives it to the rail
companies.

One more chips away at the protection of endangered species. Gun control is
also weakened by allowing loaded and concealed guns to be carried in
national parks. Abortion rights are hit by allowing healthcare workers to
cite religious or moral grounds for opting out of carrying out certain
medical procedures.

A common theme is shifting regulation of industry from government to the
industries themselves, essentially promoting self-regulation. One rule
transfers assessment of the impact of ocean-fishing away from federal
inspectors to advisory groups linked to the fishing industry. Another allows
factory farms to self-regulate disposal of pollutant run-off.

The White House denies it is sabotaging the new administration. It says many
of the moves have been openly flagged for months. The spate of rules is
going to be hard for Obama to quickly overcome. By issuing them early in the
'lame duck' period of office, the Bush administration has mostly dodged 30-
or 60-day time limits that would have made undoing them relatively
straightforward.

Obama's team will have to go through a more lengthy process of reversing
them, as it is forced to open them to a period of public consulting. That
means that undoing the damage could take months or even years, especially if
corporations go to the courts to prevent changes.

At the same time, the Obama team will have a huge agenda on its plate as it
inherits the economic crisis. Nevertheless, anti-midnight regulation groups
are lobbying Obama's transition team to make sure Bush's new rules are
changed as soon as possible. 'They are aware of this. The transition team
has a list of things they want to undo,' said Madia.

Final reckoning
Bush's midnight regulations will:

  a.. Make it easier for coal companies to dump waste from strip-mining into
valleys and streams.
  b.. Ease the building of coal-fired power stations nearer to national
parks.
  c.. Allow people to carry loaded and concealed weapons in national parks.
  d.. Open up millions of acres to mining for oil shale.
  e.. Allow healthcare workers to opt out of giving treatment for religious
or moral reasons, thus weakening abortion rights.
  f.. Hurt road safety by allowing truck drivers to stay at the wheel for 11
consecutive hours.
© 2008 Guardian News and Media Limited






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