oleeb's picture

    Has it really come to this?

    Whatever you may think of the individual decisions he made, President Truman stood his ground with the Soviet Union in Greece, in Berlin, and he acted decisively in Korea.  It was clear that he was in command.  President Kennedy stood up to the steel executives when they engaged in price fixing and he didn't hesitate to let them know who was boss.

    Now comes a huge, but bankrupt and incompetent business in the form of AIG which, but for the recent injection of billions in aid from the federal government would have gone belly up months ago, and with arrogance unmatched, telling the government it "must" pay the executives who wrecked the company hundreds of millions in bonuses.  The response of our highest level government representatives?  Over the weekend, the ineffective Treasury Secretary Geithner and the President's #1 economic advisor Summers who, having been dressed down by their apparent bosses at AIG, tell the nation that "we are a nation of contracts" and the government cannot "willy nilly" just "abrogate" them!  My instant reaction is "Why the fuck not?  We own the company."  But I digress, then today our President comes to the public to reassure us that the government will use "all legal avenues" to prevent the undeserved bonuses from being paid.  Has it really come to this?  Is "we can't promise ya anything, but we're going to use every legal avenue to block the bonuses."  Sounds a whole lot to these midwestern ears like "we are afraid to take on these guys."  I just don't see President's Truman or Kennedy making that statement.

    Now with proper respect for the nuances and legalities involved, what kind of half-assed wimpy responses are these?  Do these people discuss what they are going to say about obviously hyperpolitically sensitive subjects?  Sure doesn't seem that way.  Does it cross their minds that these sorts of statements make them look ineffective and timorous?  Any political advisor worth his or her salt would know point blank that in this circumstance the President and his men need to come off as being in full command and control of the situation.  That is the opposite of the impression these guys are leaving the past few days.  When a leader does not seem to be in full command it is natural for people to wonder if they should be in command and are they really up to the job they've got.  I am horrified that the Obama people have not at the very least attempted to look like they were in charge.

    The only response, and I repeat the only response that is politically acceptable is the following whether from the President or one of his people but especially from the President is:

    "Under no circumstances will anyone at AIG be receiving a bonus as long as I am President and the people of the United States own 80% of that company.  Rest assured that I will not allow those who drove AIG in the ground to be rewarded for what can only be described as their unbelievably catastrophic performance."

    Whiners and legalists can nit pick with this but politically it is the only sane response.  It also happens to be the only response that makes any sense whatsoever.  Everything else comes off weak (to say the very least).  Who, after all, is in command at AIG?  I thought it was the government.  Apparently, the government thinks it works for AIG even though it owns the damn company!

    Obviously, there needs to be a responsible and reasonable approach to government and especially so during a crisis.  Nonetheless, that is no excuse for hiding behind pathetic, lame arguments and faililng to take command when it necessary.  The statements of the President in particular on matters such as this need to be clear and unambiguous and frankly, coming out and saying essentially "we'll see what we can do legally" is unacceptable.  It should have been unacceptable to Obama himself who should have said to his people they need to come back with something that doesn't make him look like a powerless wimp. 

    I am quite discouraged by the apparent inability of the Obama team to take charge of the financial crisis.  I know it has not been long, but part of taking control is appearing to be in control.  Summers doesn't give that sense and Geithner is a disaster.  He is in so far over his head and is so far out of his league it isn't even funny.  Even a casual observer can detect that.  Making matters worse, both of these characters were integral players in constructing the deregulated atmosphere in which all this unbounded irresponsibility and fraud took place.  How they hell are these guys supposed to fix the problems they helped, in no small measure, to create?  It's clear they still think it's about restoring these rotten, corrupt, companies instead of putting things in order for the American people.

    It seems that every day with each new revelation of chutzpah and gall that all I can doi shake my head in wonder and say "Oy!  Has it really come to this?"

    Comments

    I understand your sentiment completely oleeb, however a minor point, (or two), if I may. If BHO comes out and states categorically that no bonuses will be awarded to AIG execs on his watch, and it turns out that there are legal grounds for awarding those bonuses, BHO would ultimately be perceived as being even more powerless than he would under his current statement. In the end we are a nation of laws, (albeit with a brief interruption in service between Jan. 20, 2001 and Jan. 20, 2009), and the rule of law will undoubtedly prevail. I know nothing of the legality of writing a law regarding the use of TARP funds all ready distributed, that would or could be binding retroactively in this matter, but if there is such an avenue of approach to this issue, I would support it wholeheartedly.


    I agree. However, I think he should put a Justice Department team on this (there a billion involved, after all) and if there is a way to pry back the bailout funds or, in some way, publicly flog these greedy bastards, then it should be done. The two points remain valid, assuming validity of the reasons for these "contracts":

    > The bonuses are necessary to retain "talent". Excellent! Since these corrupt bozos helped tank the company with their incompetence, AIG can yank the bonuses, dump this dead wood, and hire some real "talent".

    > If they're not indulged like Croesus, they'll go to other companies. Like... what other company? In today's downturn? Are these real companies, or, like, Monopoly companies? They'll flee to the B&O Railroad? What?


    I understand where you're coming from but that's all inside baseball and doesn't amount to much for the average American and what we're talking about here is perception as much as anything else. It's the sort of excuse one comes up with when you don't have any other cover in a political situation. Do you really think those swine at AIG are going to want to challenge Uncle Sam on their bonuses after what they've done? I don't think so. It's a brazen, arrogant bluff on the part of people whose brazeness and arrogance have wrecked the world economy. Screw em!

    What counts with the public is being decisive and appearing to be in command. And frankly, while I understand from whence it springs, all the handwringing about the legalities is just not reasonable: it's hiding behind a weak argument. Even it turned out the worst case scenario takes place then the President is fine. He simply responds "well they didn't get the bonuses because we didn't do our damndest to stop those thieves!" The chances of that scenario taking place are teeny weeny. As Holmes once said: "Let the timorous stay home!"


    Uh... That seoond line should read "there are billions involved..."


    "Are these real companies, or, like, Monopoly companies? They'll flee to the B&O Railroad?"
    Hopefully they'll land on the 'go to jail' square on the way to B&O. Good suggestion re. doj team to investigate & clawback bonus $.


    Somebody has to stand up and say enough is enough in the WH now. I agree.


    They aren't even monopoly companies, they're just pure BS. Thing is ya see, they've been feeding this BS to people for so long and it has worked, that they figure they can make it work again. That's why I'm saying call their friggin bluff!

    The government needs to take the attitude to these companies and the people who run them the proverbial attitude of the bandits who say: "Badges? We don't need no stinking badges!" Only then will it be clear to the thieves and fraudsters (and importantly also to the public) just how it's goin down from now on.



    THAT'S the one! Don't know why but I just can't stop chuckling at the thought of it.


    Boy the repubs have sure cooked their goose! They thought they had the goose that laid the golden eggs. But it's cooked now!


    They really love that metaphor too so it's particularly enjoyable to use it against them.

    I have always viewed it as them telling the goose that laid the golden egg (workers and average citizens)that they were the golden goose whilst stealing the golden eggs right out from under the actual golden goose. Now after many years of this scam being pulled off it has become obvious who is the goose and who is the lying, thieving, lowlife and I pray the goose never again forgets who she is.


    Something's coming loose. Obama sounded pissed-OFF this afternoon:

    "How do they justify this outrage to the taxpayers who are keeping the company afloat?" Obama asked, referring to AIG's management.

    It's about friggin time!

    Did he say anyting about badges?


    More impotent whining about non-bonus bonuses.

    Is this the progressive path forward in your neck of the woods??

    http://static1.firedoglake.com/1/files//2009/03/ny12532-_432294-v7-white_paper_-_aigfp_retention_plan.pdf


    I haz cheese to go with the whine, and eds, it's hardly impotent, the "whining" is making the pols nervous

    =D


    If we cannot stop the bonuses we should stop the bail out.


    Gregor - that involves keeping one's eyes peeled for things like explicit and implicit expansions in the funds available for bailing out banks and their stakeholders, like this:
    "Dodd, cunningly, is proposing adjustments to Treasury borrowing limit by the FDIC under the pretext that it will benefit depositors, when in actuality it is only bank holding companies and further TLGP issuers that will be the sole beneficiaries of this bill. The DPA 2009 effectively increases the implicit bailout capital available to banks by up to half a trillion!"


    So what? Let em go to court. Obama and team are willing to aboragate mortgage contracts between homeowners and mortgage holders. Whats the difference?

    The point is make a scene. Bring the full force of the justice department down on them. Make them sue individually, make the cases draw out for years in court, with their public faces dragged through the mud. Lets go through every damn decision that they ever made and have them tell us how exactly it is that the fucked us over for 170 billion and counting.

    And if they win- good for them. It isn't against the law to use the law as battlefield. Corporations and Insurance companies do it to small people all the damn time. The government did it to the cigarette companies and spritzer was a master.

    Jesus liberals grow some damn balls. We never agreed to back up AIG when they made these deals. We weren't party to those contracts. Let em fucking sue!

    Okay, rant over. sorry


    ...(albeit with a brief interruption in service between Jan. 20, 2001 and Jan. 20, 2009)...

    8 damn tortuous years and you call them brief??? What do you call long-term, pray tell? :-)


    Obama following Bush's lead and also ruling by royal decree - doing things of questionable legality (or in apparent violation of law) for political gain ... making it 12-16 years?


    Didn't B & O Railroad go bankrupt decades ago?


    Literary license. Just got my learner's permit, and thought I'd try it out. ;)


    Idjit: one must wait for wrong to happen before one can attack the wrong.

    The Republicans, of course, being the Party of Greed, said it -- the unconscionable greed -- should have been anticipated. I don't know about you, but I, being characteristically honest, don't anticipate dishonesty, at least as a norm.


    I'm pretty sure the FS folks are looking at commission-based bonuses. They are due commissions on "profitable" derivatives deals produced in the first half of '08.

    The truly funny part is that the real billions are already safely tucked in the bank accounts of people who fled to the UK before/around November. You are all bent out of shape over 40% of a single billion dollars slated for the order-takers and people who were powerless to make any decisions on the activities they were instructed to conduct. Joe Cassano alone rolled out with more than all these bonuses combined.

    This is the getaway diversion - the lower troops take the heat while the big fish skate. Like 'ole Lou Pai from Enron - who skated with more cash than Ken Lay. The big fish never take the fall.


    As Barney Frank puts it: the contracts are apparently, "Heads I win, tails I break even." And that Congress needs to look at that also.

    Losers should lose, not win or break even.


    Agreed: it should be legally above-board. Position of strength.


    Not here.


    Yes, unlike Republicans we will question our own.


    It sure looks regressive to me, but if you like that taste ...

    Misplaced populism is a very old story, one I'd like to see us move beyond (aka Change).


    That's the frustration, AIG is like a suicide bomber who says; give me your money our I'll blow myself-up and take you with me. This just proves the notion that any private entity too large to let fail is too large to let exist. AIG, along with many other corporations, needs to be subjected to severe anti-trust action and broken down to smaller relatively harmless units.

    I would think that could be done relatively quickly on the grounds that it's a matter of national security, which it clearly is. Or, nationalize them and then break them up. Either way, AIG must be broken up, and fast.


    There is a world of difference between standing up to the Soviets and standing up to our corporations. The corporations are an adversary within and reflect flaws inherent in our society. The Soviet menace justified extreme measures. Truman created the NSA, signed the Espionage Act (precursor to PATRIOT), and put us in a state of emergency that persists to this day. If anything, this mirrors Bush's Presidency, from his doctrine pre-emptive war (a furtherance of the Truman doctrine of containment via proxy wars, targeted killings, and destabilization), the passing of the PATRIOT Act, and the creation of the Homeland Security Department.

    So, Oleeb, I would be careful when using Truman as an historical justification. The measures his administration took to stand up to the Soviets undermined the Constitution, perhaps irrevocably. Further, the provided a blueprint for the expansion of executive powers that undermine the traditional balances. In order to deal with a crisis now, there can be a tendency to demand a dictatorial populism. All too often, populists are merely dictators who haven't tasted power yet.

    The issue of the bonuses is becoming a symbolic wedge. Progressives should not be arguing for an executive fiat that demands that lawful contracts be violated ex post facto. All avenues should be perceived. What are the consequences of the demand? What if AIG is put into a conservatorship... what will happen to the securities that were recklessly insured? What of bankruptcy? These are the kinds of questions that need to be asked. The reason being is because the answer might water down the appetite for pitchforks and torches.

    The fact is that these bonuses are small and belong to executives who were not the architects of the disaster. They escaped with a golden parachute. These bonuses are for legitimate insurance salesmanship. They are stupid given the situation, but our ire is misdirected. And we are falling into a trap if we demand that Obama take extrajudicial action in order to satisfy our need for a scapegoat.

    I believe we are still stuck in a shock doctrine pattern. A crisis occurs and we react emotionally and blindly, and the media plays off of our fears. We increasingly demand, right and left, a strong leader who will consolidate power in order to bypass the gridlock. Domestic and internation spying consolidated. Increased nationalization without a path to easing taxpayer subsidization of risk. And, most disturbingly, a tendency to want "our guy" (the one our side elected) to damn the opposition and impose our agenda because their side did it first.

    In other words, empires begin as a Republic but die a dictatorship. Crises become so frequent and overwhelming that only the steady hand of a purpled ruler with the power of God can guide us through the troubled times. A return to a Republic is too difficult and costly. The only thing that matters is ideology and feeling as if your side has the power. And all the while the moneyed interests walk away scot free.

    More or less, I am saying that we need to return to the republican form of government and become once again a nation of laws. This may prolong the current agony, but in the long run our nation will prosper. I think it is a disaster to advocate for rugged executive powers that will lead us into dynastic dictatorships. We don't want a President to illegally detain and torture, but we do want a President to overturn contracts ex post facto. You can't pick and choose your extraconstitutional powers.


    I was just coming back here to review. Hell of a comment Zip. A little history is not bad. It serves to clarify. Maybe even muddle perspectives that once seemed so clear.


    Excellently well said.


    Zip - this "The fact is that these bonuses are small and belong to executives who were not the architects of the disaster."
    is wrong. 160M is going largely to culpable AIGPF traders kept on because they are the only ones who have a clue about AIG's trading position in all these derivatives.


    "Jesus liberals grow some damn balls."

    Amen and hallelujah to that!


    Plus if they have to go to court, their names will become public knowledge!


    But that places corporations in the same boat as persons. That's what has me irritated! I see a qualitative difference between abusing persons and placing corporations under regulation. Indeed, the bonuses, in my view, torture the taxpayer!


    Respectfully, the consequences of Truman standing up and taking command is beside the point and not really very relevant.

    The point was that both Truman and Kennedy has some balls and took command. They used the powers at their disposal. They did not declare or attempt any form of dictatorship. Our current leadership certainly has not used the powers at their disposal. I don't really disagree with most of the rest of what you have to say but it's not really on that point and frankly I see very little danger of moving the nation any further toward dictatorship by simply asserting common sense and the full force of current law to protect the rights of the people to their money.

    The bonuses are more than a symbol and there is not a soul at AIG wh deserves a bonus of any kind. That's one helluva lot of money and it simply shouldn't be paid out under the circumstances. The bonus issue is representative of the incompetent manner in which this crisis is being handled and how they thieves continue to profit at the expense of those who have been robbed and that is something the public is not so stupid as to miss for long.

    Standing up to thugs and criminals is the point. The government has the power to do so. What it lacks is the will. Neither Bush's administration nor, thus far, the Obama administration, have stood up to them and taken charge of the situation. I don't think there's any real dispute about that. That's the whole point of the post.


    That is where we disagree. The Bay of Pigs and the escalation of Vietnam can be laid squarely on Kennedy's "balls" in assuming dictatorial powers. Truman and the NSA, the Greek civil war, the Espionage Act were all dictatorial in nature. You also can not say that these examples are precedent for the further erosion of checks and balances as we have seen from Nixon through Obama.

    We agree on the principle, namely, that criminals who bilked the world out of trillions based on risky margin speculations deserve justice. I also want to see justice for future generations in the forms of a well-maintained and respected representative government that does not violate its own laws in pursuit of short term revenge DISGUISED as justice. If the DOJ finds the legal means to overturn these bonuses, then by all means. But for Obama to sack up the nuts in a manner that suits our immediate grievance will damage already corroded fabric of our government further.

    I was pointing out in my post that you should be more mindful of your definition of courage in terms of solving our societal problems. One man's courage is another man's hubris. Even hubris with good intentions is hubris. Just because we happen to torture one person who gives us information that saves lives does not mean torture is justifiable under any circumstances. Just because overturning contracts happens to save taxpayer money and dispense justice now does not mean that overturning legitimate contracts are justifiable under any circumstances. Both give the executive broad semi-divine powers that the precedent bequeaths to the next leader who may not be so magnanimous.


    I appreciate the correction, Obey. If these are the architects, then it is shameful that they are getting anything other than a pink slip... UNLESS they can seriously put their brilliant minds together and actually try and rectify their errors.

    However, these are legit contracts, terrible as they are. The only place to contest them is in the courts and the only way to reclaim the funds is through legislation. Obama is backing the former, and Congress may move towards the latter.

    My intent was to take issue with Oleeb's historical references because if we used Truman and Kennedy as guides, the solution might be worse than the problem. My thinking always tries to tend for "what is best," and this includes ramifications for our future generations. We have slipped quite far into dictator territory, and I would hate to see Obama abuse the privileges bestowed upon him by his malfeasant predecessors.


    Zip - I found the rest of your remarks very informative! thanks! Just finance and the bail-out is my little obsessional pet peeve, so zeroed in on that.

    I do think the little issue of these 160M is quite important - just shows the unbelievable incompetence of Treasury lawyers, failing to do basic due diligence. We're going to war with the Treasury we've got, and it doesn't look good...


    You're mixing up two different things. One is the subject of the post which is demonstrating leadership and command. Your point is a different one. Not wrong. Just different and not really related to Obama and his people needing to take comand of the financial crisis. There's very little chance that if Obama actually took control of the situation with the powers he already has that it would lead to anything analogous to the issues associated with the growth of the national security state.

    The dangers you're worrying about exist independent of what needs to be done in the financial crisis and have been present and growing for a long, long time. Obama's performance, I must say, thus far on those kinds of issues, with a couple of exceptions, is dismal and proves the point of your concerns but it doesn't correspond with the necessity of him taking charge of solving the financial sector debacle.


    I, being characteristically smart, don't anticipate stupidity - or idjit questions. Your's will remain unanswered.


    Um, traders are not executives generally.

    In a later comment you wrote: "I do think the little issue of these 160M is quite important - just shows the unbelievable incompetence of Treasury lawyers, failing to do basic due diligence."

    What is your basis for that besides mass hysteria? Aren't you committing the fallacy of "assuming the conclusion" here?

    Which Treasury, Paulson's or Geithner's?

    I think you are using this teapot sized tempest as a symbol, one which falsely represents itself.



    Saladin, you nailed it! Make them sue for the money. It's a standard operating procedure at insurance companies. "You think your policy covers that? We don't! take us to court." It is the perfect example of what goes around, comes around.


    I do see evidence of incompetence in the Treasury and DOJ, especially since they took over the reins from Paulson. I am worried about their ability to truly look out for the people and not hook their buddies up in the short term. It threatens to undermine the image of integrity that is vital to public confidence... and public confidence is the elan vitale of economics.

    However, (and I appreciate the discussion!) I do stand by my points and think them germane to the thread. There is a method behind my madness. Try and find US Presidents who have stood up to banks in general and financiers in particular. Seriously try. There is a world of difference between standing up to Soviets (an enemy without) and our monied interests (an enemy within). How much Soviet infiltration existed in the media? How much Soviet money financed political elections? I would even venture that our monied interests actually HELPED and GUIDED our approach to the Soviets through weapons dealing (NATO), trade, interest rates, and the IMF.

    Anyhow, this leads to your paragraph about Obama stating that UNDER NO CIRCUMSTANCES will an AIG exec receive bonuses. Now how does he reconcile that with the reality of contract law without violating the constitution vis a vis ex post facto?


    William Black is my basis, buddy.


    The fallacy of argument from authority, in addition to assuming the conclusion!

    What is YOUR basis? What's your argument for 'incompetence' etc. here?

    http://www.huffingtonpost.com/william-k-black/the-two-documents-everyon_b_169813.html

    http://www.nakedcapitalism.com/2009/02/william-black-there-are-no-real-stress.html

    Something else? Which sections of what "authority" are you buying into uncritically, pal? Or are you just seeing if I will post links for you? :-)


    Sorry to make you do the work for me! I had no time but for some glib throw-away line... I'll get back to you in a bit. But what's wrong with those sources you've got there? Black's a big hero from the Keating scandal days. Pretty good authority. If I'm going to trust a source, that one comes pretty high on the list.


    It's not a question of fact, but of theory.

    How would you know that Treasury was incompetent in re the retention bonuses? There are feasible alternative theories. So far you appear to have bought into the lynch mob mentality, hook line and sinker.

    The big ruckus this month ignores the fact that it was known in January if not sooner that AIG intended to pay these so-called "bonuses". And as I've argued at TPM (blog and many comments) that they are not only not bonuses but plausibly justifiable, I'd appreciate your fair-practice reciprocity here.


    I'll go take a look at your arguments, eds.


    Eds - don't know how to search through your comments, but saw the post,which I must have missed. I see four possible theories without anything to back them up. I'll go with the obvious one - Treasury screwed up (through incompetence or capture, who knows). Also, there may be reasons to keep these people on, but not because they are in any way competent. This little section brought down the biggest insurer in the world. They're unbelievably dumb and/or criminal. And Treasury/regulator lawyers are sitting there sucking on their thumb. It's incompetence!


    "Also, there may be reasons to keep these people on, but not because they are in any way competent."

    Oh? And your basis for that is what?

    Look, I just see you and the mob lashing out blindly, taking fractional evidence and jumping to conclusions. The traders on staff at AIG last year might be competent enough. If you can blow a hole in the official AIG line, it's up to you to do so. Absent a major hole, there's no basis for thinking Treasury or its lawyers were at all incompetent, much less significantly so. And given that the retention contracts are a tiny fraction of the money apparently at risk (about $2T a year ago, now less) and a small fraction of the "bailout monies" (0.01% to date), are you just fooling around here?

    Also, as you noted, the executives who may have set policy at AIG in 2001-2006 when the "bad" deals were written aren't likely the nuts and bolts people, aka "traders" who were employed a year ago.

    Irrational exuberance is a market phenomenon, but irrationality is what is driving most of the AIG chat these days.


    The official AIG line? The one I've seen is that negging on the bonus deals would trigger pay outs on the CDS. Which is laughable, blatantly so. Or are you talking about some other line?

    As for reasons to keep on incompetents, it has to do with the complexity of the trading positions. You fire them, and you risk the whole thing really blowing up. That was my idea.


    That's not the official AIG line, that's a caricature of it.

    If they can keep things from blowing up, they are competent even if not worth a bonus.

    Again, how does this reflect on Treasury lawyers, and how is it significant (other than as a false symbol to stir up the mob into lunch mob mentality)?



    That is their line as I read it. And that is the line the government seems to take. The line is absurd. ERGO the government lawyers are incompetent.

    That's my line. What's yours?


    Why not just admit that you lost a bundle by betting on B & O, thus are characteristically smarting?


    Latest Comments