acanuck's picture

    AIG bonus clawback: I'm outraged by the outrage over the outrage

    Well, not really. Just amused and not buying it one bit. The House did what it had to do, legal niceties be damned. And the Senate and the White House, tone-deaf or not, will fall in line.

    Is this just catering to populist anger? Absolutely. Is Congress hypocritical in parroting that anger? Yep. Is the amount to be recovered negligible weighed against past, current and future bailout totals? Obviously.

    But is the clawback a first step toward arbitrary meddling with the tax code? No, it's a one-off -- or it will be, if Congress, the White House and above all Wall Street internalize the warning: No more business as usual. Or to quote Jon Stewart, "It's not a fucking game." As a bonus (no pun intended), once a Republican has voted for a 90% tax rate, it's hard for him to argue a 35% marginal rate is unconscionable and socialistic.

    Is the clawback a distraction from the all-important task of creating a regulatory system that works? Not at all; it's actually put more focus on that need, probably speeding its passage. The AIG bonus issue had to be defused before that larger debate can begin.

    Americans, I know, are reluctant to hit the streets. But we're at a potential Kerensky moment here. If an arguably unenforceable tax law is the alternative to Dr. Guillotine dragging out his new invention and demonstrating it in public, maybe that's a reasonable price.

    Comments

    I'm recommending for the title alone....hahahahah
    Now I'll read your post. Thanks for the laugh, I needed that!!!!!


    Your post was even better. (almost:)) Thanks again.


    Ditto HTWT

    Thanks


    HTWT stole my line Acan. Would have rec'd for the title alone, but the post itself holds up well. Well done.


    I love your title too!

    And if the outrage was initially meant as a distraction, whoever tried to "seed" that has lost total control. And now we've got a populace at fever pitch!

    Obama, harness the outrage! And let's get health care and education and energy independence and diplomacy!


    Democracy can be sloppy at times. It is when things are too neat and 'clean' that we get in trouble.


    I agree in part. Altering the tax law to target a particular group of people is populist pitchfork worng. So I think the solution Congress imposed was stupid and may not hold up to constitutional scrutiny. Plus the AIG folks can just pull a Geithner and not declare the bonuses on their tax returns unless they get audited.


    The House did what it had to do, legal niceties be damned.

    How is this different from Bush's philosophy?


    Sort of like enhanced interrogation eh? Wouldn't want to be too clean.


    Like I said, this clawback was a one-off, lancing a boil that threatened to infect the White House's entire economic agenda.
    The angry mob needed a few heads thrown its way, and Congress wisely found some heads other than their own to throw. A valuable wake-up call.
    Bush, on the other hand, simply never grasped the concept of the rule of law.
    Incidentally, even though the clawback raises bill-of-attainder issues, some good legal minds (Lawrence Tribe, for one) think it passes the constitutional test.


    The AIG bonus issue had to be defused before that larger debate can begin.

    Did it? Why not channel the anger into forward-thinking legislation that addresses the root causes of the debacle? If the message is supposed to be that this is "not a fucking game" then why is Congress enacting pointless, unenforceable legislation for the sake political posturing?


    So as long as it's a "one-off" we can fudge a bit? Some well-credentialed legal minds also assert Bush's programs passed the constitutional test.

    Taking action to satisfy a mob ... like say the GOP's immigration "reform" platform? If you advocate governing like the republicans, you get the kind of government that the republicans gave us.


    Totally agree about channeling the anger into radical solutions. That will take an investment of political capital, however, and the AIG bonus issue is a money pit.
    An ARG poll suggests a six-point drop in approval of Obama's handling of the economy this month; AIG is likely part of the reason. (I'm sure Dodd and Geithner both wish to hell they'd let the original compensation limits stand.)
    Concern about Congress kowtowing to mob sentiment is valid. But with so much at stake, I say cut the damn knot and move on.


    Genghis, maybe because they feel the mob mentality will not stop to consider the complexities of the situation. They want action now. Tough crowd!

    If you want to move on to the bigger picture and get your budget passed, what are your options? Especially if you want the populace back on board as quickly as possible, as well as focused?

    Since it seems these were not bonuses in the true sense, I too question the legality of the tax issue, or the possible blow back down the road, but I'm not a legal expert. This will be one for the experts to battle out. Should be interesting. The mob mentality in me finds a 90% tax on these guys hilarious. I hope I can continue to laugh, in the future.


    Regulation is not a "radical solution" unless you are a "free marketer". Are you?


    Yes, the mob wants action now, the subject of my own post on the topic. Congrats to Congress for having the cojones to stand up to them.

    Congress doesn't have to focus on AIG. They could pass a bill that beefs up the SEC or that promised tax increase on the rich or raise the minimum wage. AIG is the most politically expedient and least productive target of legislation.


    I don't see this as a necessary action. No one's going to take to the streets or throw Obama out of office or even balk at more reform. They're just going to be angry. So turn the anger into productive reform instead of throwing heads to the crowd--see my comment to havethought below.


    By radical, I mean getting to the root of the problem. That's a good thing.


    As I understand it, the clawback bill doesn't single out AIG, but applies to any company getting bailout funds. That's to avoid a bill-of-attainder challenge.
    The 90% tax kicks in only when total income exceeds $250,000 -- which I think is a bit too punitive. On the other hand, it only applies to the bonus part of income. So the guy who was to get $6.4 million still collects an extra $640,000.
    It's not as draconian as some imply.
    You're right, of course, that beefing up financial regulations is way more important, but the AIG issue had to be defused. As it is, the friction between Dodd and Treasury over who's to blame could hinder future legislation.


    Like I said, this clawback was a one-off, lancing a boil that threatened to infect the White House's entire economic agenda.

    Yes, but the boil may be malignant. Maybe we're cutting off our nose to spite our face. (Too many bloody metaphors?). The agenda, the on-the-fly bailout program, is being ignored or I should say codified by appeasement with this take-back. Questions like: why, when we originally got an 80% stake in AIG (days from collapse) for $80 billion, is the whole corporation not in receivership after another $100 billion?

    In the past, prison and school systems and the S & L industry have been taken over by government to some degree for a limited period of time to right abuses, restructure and restore oversight. Why does that not seem to be off the table? Questions about the rightness of the overall program are diverted by papering over the real anger at the system by so much focus on righting what is relatively minor but admittedly a travesty.


    Shoulda been- “Why does that seem to be off the table?” (and I didn’t see where you’ve already addressed some of this). Still, we should clawback the whole Paulson TARP and start over.


    Yes! Catharsis doesn't have to be purely entropic shedding of old habits!!


    "That's to avoid a bill-of-attainder challenge."

    I think it fails, but don't quote me on that. It is clearly punitive in both intent and effect, plus it probably has loopholes big enough to funnel $50B through it. It's a stupid reactionary idea designed to satisfy fake outrage in the blogosphere and MSM. It should be left to die a quiet death.


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