On Friday, October 3, 2008, the American people were
betrayed by those whom they had elected to represent them. The members of
Congress who voted for the Wall Street �bailout� violated their oath of office
to �support and defend the Constitution� . . .�that I will bear true faith and
allegiance to the same� . . .�and that I will well and faithfully discharge the
duties of the office on which I am about to enter: . . .�
Without holding any meaningful hearings or public
discussions and listening only to those most responsible for the economic
disaster, Federal Reserve Board Chairman Ben Bernanke and Treasury Secretary
Henry Paulson, Congress abdicated its responsibility to the American people.
Locking out most members from all discussions, the
congressional �leadership� emerged from their backrooms with legislation that
grants Secretary Paulson the ability to spend at least $700 billion to �take
such actions as [he] deems necessary� . . .� to promote financial market
stability.�
Entrusting tremendous political and financial power (and a
ton of borrowed money that taxpayers will have to repay with interest) into
Paulson�s sole discretion, members of Congress must have been aware that, prior
to his cabinet appointment in 2006, Paulson worked for 32 years at Goldman Sachs,
one of the Wall Street firms that stands to benefit greatly from his �actions.�
Paulson, who cashed out his Goldman stock valued at $575
million to become the secretary of Treasury (without having to pay any
taxes on the sale), earned more than $53 million in pocket change during just
his last two years at Goldman Sachs for innovations such as a new line of �Mortgage
Backed Securities.� Gambling more than a trillion dollars on risky subprime
second mortgages, Paulson cleverly converted them into AAA-rated �secure�
investments by purchasing guarantees from the American International Group
(AIG).
AIG, coincidentally, was just �bailed out� two weeks ago by
Secretary Paulson for $85 billion (of borrowed money that taxpayers will have
to repay with interest), averting a devastating loss by Goldman Sachs, which
was holding more than $20 billion in otherwise worthless second mortgages.
Is it surprising that Lloyd Blankfein, Goldman�s current
CEO, was present with Paulson when the decision was made to bailout AIG?
The bailout�s $700 billion price tag is only an arbitrary
guess by Paulson and is most likely just the first installment of many more to
come. Other economists, with more successful track records, believe the total
will be much greater, perhaps $5 trillion, as concealed losses are uncovered
and foreign companies dump their toxic investment waste into their American
offices.
In passing the �Emergency Economic Stabilization Act of
2008,� Congress ignored the �great concern� expressed by almost 200 of the
nation�s leading economists who pleaded with Congress �not to rush, to hold
appropriate hearings, and to carefully consider the right course of action, . .
.� In addition to its ambiguity and long-term effects, the economists believed
the bailout plan to be �a subsidy to investors at taxpayers� expense� and to be
�desperately short-sighted.� Ultimately, more than 400 top economists,
including two Nobel Prize winners, voiced opposition to the bailout.
The economists were not alone in being ignored by the
politicians. It is widely reported that calls and emails to Congress from
constituents were running as high as 300 to one against the bailout. Mike Whitney
reports one analyst saying that �the calls to Congress are 50 percent �No�
and 50 percent �Hell, No.�� The percentages adjusted as the stock market
tumbled, but public opposition to the bailout remains strong.
An AP poll only identified 30 percent of the public in favor
of the bailout, and a CNN Money opinion poll found 77 percent of the people
believing the bailout would benefit those most responsible for the economic
downturn.
Who benefits?
The Latin adage, Cui bono, asks �who benefits?� Law enforcement investigators quickly learn
that the guilty party can usually be found among those who stand to gain from a
murder or other crime.
There is no doubt the bailout will most benefit some of the
richest and highest paid individuals in the American economy. But, why did the
politicians betray the wishes of those who elected them in favor of the
criminals who committed the fraud? Perhaps the answer can be found in another
Latin phrase, quid pro quo,
meaning �what for what; something for something.�
Individuals working for Wall Street finance, insurance and
real estate companies and the companies� political action committees have
contributed more than $47 million to the campaigns of Senator Obama (three of
top five sources) and Senator McCain (top five sources), both of whom voted for
the bailout.
More to the point, Wall Street has contributed more than
$1.1 billion dollars to congressional candidates since 2002. Nine of the top 10
House recipients of Wall Street largesse, who each received an average of $1.5
million, are on the financial oversight and taxation committees.
Even more telling, the bipartisan congressional �leaders�
most responsible for pushing the bailout through Congress, Senators Dodd and
Gregg and Representatives Frank and Blunt have taken almost $20 million from
Wall Street sources during the last 20 years. Dodd recently received $6 million
in contributions during his presidential primary campaign, and Frank has
collected $720,000 this year.
Other key players also have been well compensated this year:
Congressman Kanjorski received $755,000 and Congressman Bachus banked $704,000.
Who loses?
The ordinary, hard-working voters, who were opposed to the
bailout, and their children and grandchildren, will be the ones who will ultimately
have to repay, with compound interest, the money that will have to be borrowed
to give away to Wall Street bankers.
The bailout was �sweetened� in the Senate by another $110
billion in tax relief and renewable energy incentives to get enough House votes
for passage; however, only the temporary one-year slowdown of the Alternative
Minimum Tax offered any succor to the middle-class workers affected by it.
The bailout raises the debt ceiling to $11.3 trillion, or
about $37,524 for each man, woman and child in the United States. How is this
burden ever going to be repaid? Workers already know their wages are falling,
their jobs are at risk, their health care, food and fuel costs are
skyrocketing, and they are being kicked out of their apartments and homes
because their landlords or they can�t pay the mortgages.
Didn�t each member of Congress have a sworn duty to rescue
the millions of Americans suffering from the reckless gambling of Wall Street
moguls, rather than to reward an obscene excess of greed?
Foreclosure Rescue. At least 6 million homeowners
will probably default on their mortgages this year and next, and millions more
will have their equity wiped out by declining property values. More than
770,000 homes have been seized by lenders since 2007, and 91,000 families were
kicked out of their homes in August.
These American homeowners were betrayed by their elected
representatives!
The only provision in the bailout legislation to remotely �benefit�
homeowners whose homes are being foreclosed upon only �encourages� mortgage
service companies to modify mortgages. Paulson is required to �maximize
assistance for homeowners . . . and minimize foreclosures�; however, he also
has to ensure that the government doesn�t incur any additional costs. Thus,
there�s little or no hope of any meaningful benefit to distressed homeowners
resulting from the bailout.
The legislation could have required the government to
directly purchase the defaulting mortgages and to adjust them to the reduced
value of the property, as was done in the Great Depression. Instead, Paulson is
authorized to purchase the complex derivatives (Wall Street�s gambling debts)
piled on top of the original mortgages. The difference is whether homeowners or
Wall Street receive the benefit of the bailout.
Bankruptcy Rescue. More than 4,476 Americans filed
for bankruptcy every day during August, the highest number since changes in the
law in 2005 made it much more difficult, and even impossible in many cases, to
obtain debt relief. More than a million, increasingly elderly, people will
petition for bankruptcy this year.
These destitute Americans were betrayed by their elected
representatives!
Under the current law, bankruptcy judges do not have the
power to modify mortgages of a petitioner�s primary residence, irrespective of
how the mortgages have been sliced, diced and repackaged. The bailout could
have provided judges with the authority, in appropriate cases, to adjust the
amount secured by the mortgage to the value of the property and to adjust the
interest rate to a reasonable percentage.
Unemployment Rescue. New claims for unemployment
benefits rose to 493,000 last week, the highest level in seven years. The economy
has already lost 605,000 jobs thus far this year, and it dumped 159,000 payroll
jobs just during September, the greatest drop in five years.
These unemployed Americans were betrayed by their elected
representatives!
Although the House of Representatives passed an economic
stimulus bill that would fund job creation and extend jobless benefits for
long-term unemployed workers on September 26, the Senate failed to pass its own
stimulus bill on the same day. President Bush promised to veto the legislation
if passed.
The bailout legislation could have provided for an extension
of jobless benefits, but it didn�t.
Homeless Rescue. More than 750,000 and as many as a
million Americans are homeless today, and the numbers are increasing
dramatically. The National Coalition for the Homeless reports that homelessness
is growing because of foreclosures, loss of jobs, and the rising price of fuel
and food.
These homeless Americans were betrayed by their elected
representatives!
Homeless sites are appearing all across the country as
people with no place to stay are pitching tents and huddling together for
support and protection. Their plight did not receive any consideration by the congressional
leadership that rammed the bailout through Congress.
Hunger Rescue. The most recent report by the
Department of Agriculture found that in 2006, 35.5 million Americans lived in
households with insecure food supplies and the numbers were increasing. At risk
children numbered more than 12.6 million, and African Americans and Hispanic
Americans suffered at higher rates than the national average.
In 2006, 9.6 million Americans had to frequently skip meals
or eat too little, and often had to go without food for a whole day. Friday, as
members of Congress voted to reward the richest and most greedy members of our
society, they ignored those without the most basic necessity for survival. Friday,
they rewarded the most powerful and best-fed members of our society, and gave
no thought to the helpless children who will go to bed hungry.
Food banks who serve as the last resort for the hungry are
running out of food. They are having to reduce rations and to dip into
emergency supplies of staple items. There are reports of a 40 percent increase
in requests for food assistance and a 30 percent drop in supplies.
These hungry Americans were betrayed by their elected
representatives!
The bailout could have increased the amount of federal
assistance for food banks in the Emergency Food Assistance Program, but it
didn�t.
The consequences
The real estate bubble that has been driving the United
States economy has now popped, and there is no replacement engine to transport
America�s consumer society down the highway to happiness. Americans are facing
the mother of all depressions; it will be hard and it will last a long time.
What are all of these homeless, hopeless, and hungry people going to do?
Many have already exercised their First Amendment right to
petition their government for the redress of grievances. A majority of the
members of Congress, the two presidential candidates, and the president paid no
attention to the economic experts and the thousands and thousands of voters who
protested the bailout and who begged them to rescue the people rather than the
rich and powerful.
The people can always take to the streets in protest, and
they probably will do so in growing numbers as the economic circumstances
become more harsh.
The U.S. government is already planning for this eventuality
-- not with the helping hand of supplemental legislation to help with
mortgages, jobs, shelter or food, but with the mailed fist of military
suppression. The Army Times reports the current deployment within the United
States �homeland� of an �on-call federal response force for natural or manmade
emergencies or disasters, including terrorist attacks.� The Army acknowledges
that the Northern Command may call upon the 3rd Infantry Division�s 1st Brigade
Combat Team to help with �civil unrest and crowd control.�
With almost a trillion dollars picked from their pockets to
reimburse reckless Wall Street gamblers, many Americans righteously feel
betrayed. A majority will elect a new president next month, and most will wait
to see who it will be, and what if anything he can or will do to alleviate
their suffering.
There are others, undoubtedly, who agree with the Supreme
Court�s recent decision that the Second Amendment right to bear arms is
individually held, and who believe that the use of their personal weapons is
justified to overthrow a government that betrays them and which destroys their
very means of existence. The right of legitimate self-defense is recognized by
every criminal law in America.
Perhaps democracy in the United States is not dead; if not,
it�s on its deathbed. Resuscitation in the form of responsible representation
is possible, but time is growing short.
William John Cox is a retired supervising
prosecutor for the State Bar of California. Acting as a public interest, pro
bono, attorney, he filed a class action lawsuit in 1979 on behalf of every
citizen of the United States petitioning the Supreme Court to order the other
two branches of the federal government to conduct a National Policy Referendum;
he investigated and successfully sued a group of radical right-wing
organizations in 1981 that denied the Holocaust; and he arranged in 1991 for
the publication of the suppressed Dead Sea Scrolls. His 2004 book, You�re Not
Stupid! Get the Truth: A Brief on the Bush Presidency is reviewed at yourenotstupid.com, and his political writings are collected
at thevoters.org. He can be contacted at u2cox@msn.com.