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From Democracy Now:

SHARIF ABDEL KOUDDOUS: When the American Bankers Association scheduled their annual meeting in Chicago for this week, they probably weren’t expecting the reception they’ve received. Instead of a quiet convention in a downtown hotel, the ABA has been greeted by a parallel gathering of thousands of people in what organizers call the “Showdown in Chicago.” Spearheaded by the group National People’s Action, organizers have tried to bring together a cross-section of Americans affected by the financial meltdown, including homeowners, renters, farmers, workers and retirees. The Showdown kicked off Sunday when protesters entered the lobby of the hotel where the ABA delegates are gathering.

PROTESTER: We are not here to cause trouble. We are here because we are in trouble.

PROTESTER: That’s right!

CROWD: Bust up big banks! Bust up big banks! Bust up big banks! Bust up big banks! Bust up big banks! Bust up big banks!

PROTESTER: The American Bankers Association has helped loosen the rules that protect us, allowing the unfettered greed that has brought us to the brink of a recession. And to those bankers who are members and support the ABA’s war against the working and middle class, shame on you! Shame on you! Shame on you!

CROWD: Shame on you! Shame on you! Shame on you! Shame on you! [inaudible] We’ll be back! We’ll be back! We’ll be back! We’ll be back! We’ll be back! We’ll be back!…

SHARIF ABDEL KOUDDOUS: For more on the Showdown in Chicago, we’re joined by George Goehl. He’s executive director of National People’s Action, the lead organizer of the Showdown in Chicago.

George Goehl, welcome to Democracy Now! Can you first explain why the protest and why the ABA in Chicago?

GEORGE GOEHL: Yeah, I mean, if you really think about it, this is an incredible situation. I mean, who would have figured that the same banks that created the foreclosure crisis, sent the economy into a tailspin, needed billions in bailout dollars, would then lead the charge to kill any real financial reform that would protect consumers and make sure something like this didn’t happen again? So the ABA is the top lobby for the banks, and they decided to have their convention in Chicago, and we felt we had to be there to greet them.

SHARIF ABDEL KOUDDOUS: And what are some of the main things that you’re calling for?

GEORGE GOEHL: Well, one, we think their ideas have failed. Their focus on deregulation paved the road that we walk today. So it’s time that they stop spending tens of millions of dollars up on Capitol Hill each month trying to defeat financial reform and sit out on the sidelines, particularly around consumer protection, around policies, around “too big to fail,” and around community reinvestment. There’s a Consumer Protection Agency that’s been proposed by President Obama that would actually protect people from predatory consumer products, but the bankers are trying to kill that program.

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Is there really nothing more the White House can do about this? Seems like pretty weak tea to tell them to "think about it." Here's hoping there's some arm-twisting going on behind the scenes:

In the wake of reports that Goldman Sachs is set to pay a record 23 billion in bonuses this year, the President’s Senior Adviser David Axelrod told me this morning that he thinks big banks dishing out bonuses to their employees is “offensive” and advises banks to “think through what they are doing.”

“The bonuses are offensive and to the firms that still have federal TARP money there’s some jurisdiction, the pay master of Treasury is working on trying to limit that,” Axelrod said. “You’ve seen a lot of firms go to stock rather than cash, so at least people have a stake in the success of their company and they’re not just walking away with cash-making short-term decisions.”

“They ought to think through what they are doing and they ought to understand that a year ago a lot of these institutions were teetering on the brink and the United States government and taxpayers came to their defense. They have responsibilities and they ought to meet those responsibilities.”

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October 14, 2009 C-SPAN
On the floor of the House Congresswoman Kaptur borrows from Charles Dickens to explain the situation we now find ourselves in. "The Banks Privatize Their Profits And Socialize Their Losses!"

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Rep. Marcy Kaptur cites an example of how bailing out the banks has done little to help struggling home owners in Ohio. Bill Moyers also asks Kaptur about her speech on the House floor where she urged foreclosed homeowners to be squatters in their own homes.

This was a really fantastic segment from Bill Moyers Journal and I encourge everyone to watch the entire interview with Kaptur and Simon Johnson at Moyers' site.

MARCY KAPTUR: Let me give you a reality from ground zero in Toledo, Ohio. Our foreclosures have gone up 94 percent. A few months ago, I met with our realtors. And I said, 'What should I know?' They said, 'Well, first of all, you should know the worst companies that are doing this to us.'

I said, 'Well, give me the top one.' They said, 'J.P. Morgan Chase.' I went back to Washington that night. And one of my colleagues said, 'You want to come to dinner?' I said, 'Well, what is it?' He said, 'Well, it's a meeting with Jamie Dimon, the head of J.P. Morgan Chase.' I said, 'Wow, yes. I really do.' So, I go to this meeting in a fancy hotel, fancy dinner, and everyone is complimenting him. I mean, it was just like a love fest.

They finally got to me, and my point to ask a question. I said, 'Well, I don't want to speak out of turn here, Mr. Dimon.' I said, 'But your company is the largest forecloser in my district. And our Realtors just said to me this morning that your people don't return phone calls.' I said, 'We can't do work outs.' And he looked at me, he said, 'Do you know that I talk to your Governor all the time?' He said, 'Our company employs 10,000 people in Ohio.'

And I'm thinking, 'What is that? A threat?' And he said, 'I speak to the Mayor of Columbus.' I said, 'Why don't you come further north?' I said, 'Toledo, Cleveland, where the foreclosures are just skyrocketing.' He said, 'Well, we'll have someone call you.' And he gave me a card. And they never did. For two weeks, we tried to reach them. And finally, I was on a national news show. And I told this story. They called within ten minutes. And they said, 'Oh, we'll work with you. We'll try to do some workouts in your area.'

We planned the first one after working with them for weeks and weeks and weeks. Their people never showed up. And it was a Friday. Our people had taken off work. They'd driven from all these locations to come. We kept calling J.P. Morgan Chase saying, 'Where's your person? Where's your person?' And they finally sent somebody down from Detroit by 3:00 in the afternoon. But out people had been waiting all morning and a lot of people that's how they treat our people.

BILL MOYERS: You did a remarkable thing on the floor of the House recently. And I want to show my audience a clip of a speech in which you urge people to break the law.

(BEGIN VIDEO)

MARCY KAPTUR: So why should any American citizen be kicked out of their homes in this cold weather? In Ohio it is going to be 10 or 20 below zero. Don't leave your home. Because you know what? When those companies say they have your mortgage, unless you have a lawyer that can put his or her finger on that mortgage, you don't have that mortgage, and you are going to find they can't find the paper up there on Wall Street. So I say to the American people, you be squatters in your own homes. Don't you leave. In Ohio and Michigan and Indiana and Illinois and all these other places our people are being treated like chattel, and this Congress is stymied.

(END VIDEO)

BILL MOYERS: Wow. You are urging them to resist the law when the Sheriff shows up to throw them out of their home.

MARCY KAPTUR: I'm saying that they deserve justice, too. And that the scales of justice in front of the Supreme Court are supposed to be balanced, and they're not. And that possession is 90 percent of the law. And that you have legal rights, as a home owner. You have a right to legal representation. You have a right before the judge to have the mortgage note produced by whomever in the system has it. Judge Boyko of Cleveland threw out six cases, because when the foreclosures came up, the financial institutions couldn't produce the note. Our people deserve their day in court.

Oops, just kidding! Just think, if they'd actually admitted the banks were in deep trouble, and that their assets weren't worth a dime, the crisis might have bottomed out a lot sooner - and the banks wouldn't have been able to use TARP funds to buy up their competitors!

Senior U.S. officials deliberately misled the American people about the health of banks receiving huge government cash infusions last year, according to a report released today from the Treasury Department TARP watchdog.

The officials believed they were telling noble lies. The idea was that confidence needed to be restored and panic stemmed, even if this meant misleading the public about the actual health of our financial institutions.

Of course, this backfired. The government and the bailout lost public credibility when the financial crisis deepened, according to TARP watchdog Neil Barofsky's report.

Worse, the lies may have made the crisis worse by creating false expectations that the bailed out banks would be able to increase lending. Businesses and individuals planning to borrow would have discovered that their projects were impossible and their savings inadequate as banking lending continued to fall.

Treasury Secretary Henry Paulson and Federal Reserve Chairman Ben Bernanke that the $125 billion injection into nine banks in October 2008 was a program for "healthy" institutions. But privately senior officials believed several of those firms were less than healthy. Hank Paulson himself believed one of those institutions might fail.

"By stating that healthy' institutions would be able to increase overall lending, Treasury may have created unrealistic expectations about the institutions' condition and their ability to increase lending," the report said.

I'm not as optimistic as this reporter, but then, I don't live on Planet Beltway, either. George Bush's legacy lives on - we still have a commercial real estate crash to get through, and the banks have only postponed their day of reckoning. (Although the Onion has a slightly brighter forecast):

Despite an emerging economic expansion, businesses were sufficiently skittish about the future that the job market continued its long, steep decline in August, according to a new government report Friday. The unemployment rate rose to 9.7 percent, from 9.4 percent, as employers shed jobs for the 20th straight month, the Labor Department said.

The increase was greater than many analysts had forecast, and it undermined hopes that the corporate sector will rapidly rebuild its workforce following the economic trauma of the last year. That in turn could keep a self-sustaining recovery from taking hold, as Americans have less money to spend and less confidence about their own job prospects.

"Our clients tell us they will not hire in anticipation of a recovery, but will wait until they see it," said Jonas Prising, an executive vice president at Manpower, the giant employment services firm. "In a normal recession, people would now start to feel more comfortable and start hiring, but nobody is doing that today. They'll do it when they see real orders and real business."

The new numbers included some silver linings: The 216,000 jobs that employers shed in August was the slowest rate of job loss in a year, which drove the stock market up 1.3 percent, as measured by the Standard & Poor's 500-stock index.

Companies are not laying people off at the same furious pace they were a few months ago -- the number of people to lose their jobs in mass layoffs fell 26 percent in July. But neither are they willing to take the risk of bringing on new workers, despite signs that there could be better times ahead.

Armchair Generalist: LeMay's proteges speak

naked capitalism: Banks are expected to collect $38 billion in overdraft fees in 2009. The most cash-strapped customers are the hardest hit by such fees, with 90 per cent of overdraft revenues coming from 10 per cent of the 130m checking accounts in the US.

Senate Guru: Why Sen. Chrispopher Dodd will win re-election

The Washington Monthly: Sweet Surrender

Lost in Tarnation: Obama, Harper, Calderon announce Socialist Monarchy. ban Texas

NotionsCapital: Paula Abdu has beenl appointed to the Obama Death Panel. Meanwhile, the Palin family is still eligible for free Fed health care

It's getting to the point where I don't even want to read Simon Johnson anymore. Yes, he's right. If we reduce oversight safeguards to "trust us," we have a system far too ripe for corruption - in fact, almost asking for it:

Buried in the late wire news on Friday – and therefore barely registering in the newspapers over the weekend – Treasury announced the rules for pricing its option to buy shares in banks that participated in TARP.

The Treasury Department said the banks will make the first offer for the warrants. Treasury will then decide to sell at that price or make a counteroffer. If the government and a bank cannot agree on a fair price for the warrants, the two sides will have the right to use private appraisers.

This is a mistake.

The only sensible way to dispose of these options is for Treasury to set a floor price, and then hold an auction that permits anyone to buy any part – e.g., people could submit sealed bids and the highest price wins.

In Treasury’s scheme, there is significant risk of implicit gift exchange with banks - good jobs/political support/other favors down the road – or even explicit corruption. For sure, there will be accusations that someone at Treasury was too close to this or that bidder. Why would Treasury’s leadership want to be involved in price setting in this fashion?

Treasury apparently sees corruption as an issue about personalities (i.e., WE aren’t ever corrupt) rather than about institutional structure. For example, if you create an arrangement that easily permits corruption, such as through nontransparent decision making or negotiation around warrant pricing, you set up incentives to be corrupt. Either existing people change their behavior, or new people will seek appointment in order to participate in corruption.

This is also a point, by the way, that Treasury has been making for years through its representatives at the International Monetary Fund – including during the Clinton Administration, when the same people were running U.S. economic policy as now. It’s a good point and never easy for countries-with-potential-corruption to hear. It applies as much to the United States as to anywhere else.

Treasury will argue the disposal of warrants is a one-off event, but this is not a plausible line: it is part of a much longer series of nontransparent decisions over finance. The attitude that “we can be nontransparent because we will never be corrupt” creates reputational risk for both Treasury and participating banks. If extraordinary support for the financial sector lasts several years, we will likely have at least one time-consuming and damaging investigation into all the details of these settlements.

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Charles Grassley is starting to sound as incoherent during his television interviews as he does in his Tweets. Grassley doesn't think we need more regulation. We just need more transparency. Yeah, that's going to make the finace companies behave. And when asked if the banks are in any position to protest if they're not going to make as much money, Grassley comes back with this:

Greed is human nature. We shouldn't blame greed any more than you'd blame gravity when a plane has an accident and goes down.

I'm sorry Senator, but I think we can blame greed for the mess we're in. Greed and the unwillingness of the government to put a check on it.

Of course the banks are up in arms about any legislation that would turn off the usury spigot they've milked for decades. Ann Logue at Popdose points out just one example:

...my credit card limit is $20,000. I could use the card to fly first class to Paris and go on a spree at Le Bon Marche yet pay no interest if I paid it off in full the first month it was due. But take $140 from an ATM and hold the balance for 20 days or so, and the total fees and interest work out to about $24, an annual interest rate of 208%.

Another crazy practice is late fees: I've received a credit card statement showing my payment as posted (they got my money in time to print it on my paper statement) but because they posted it one day after their "due date" they tried to charge me $29.00 in late fees. I called and complained (which works more often than you might think, do try it) and they reversed it, but how many $29.00 payments do you think got added to their balance sheets this year from people "afraid" to call a creditor?

Obama's bill does not go far enough, and doesn't start soon enough (one year for most of its provisions IF the Senate passes it) but it's a start.

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Dick Durbin talks to Ed Schultz about the power of the banking lobby over the Senate and the trouble he's having getting some bankruptcy reform passed.

Wait, wait, I can hardly read these sad statements through my tears - of laughter! This, from the people who brought us this entire house of cards that just collapsed? The people whose lobbyists have stacked the financial deck against people like us with late fees, pre-payment penalties and unregulated interest rates are actually telling us IT ISN'T FAIR?

WASHINGTON -- The banking industry is aggressively lobbying the Treasury Department to make it less costly for financial institutions to get out of the Troubled Asset Relief Program.

The move could prove controversial for the banking industry, which is busy deflecting criticism about higher fees it is charging consumers for credit cards and other products and services.

At issue are "warrants" the government received when it bought preferred stock in roughly 500 banks over the past six months as part of TARP. The warrants allow the government to buy common stock in the banks at a later date so taxpayers can receive more of a return on their investment when the banking industry recovers.

Many banks want to return their TARP money and, as part of that effort, want to expunge the warrants. To do that, banks must either buy them back from the government or allow the Treasury to sell them to private investors.

Today, most of the warrants are essentially worthless, because their exercise price is higher than where most banks' stocks are trading. But the government believes the warrants still have value, since they give the Treasury the right to buy common stock at a set price for 10 years.

Bankers say it is unfair to charge what amounts to a "prepayment penalty," which makes it additionally onerous to escape TARP. Bank representatives say the cost of buying back the warrants could be equivalent to paying 60% annual interest on short-term loans. That, they argue, would exacerbate banks' existing problems.

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The topic of these stress tests was discussed on Bill Moyers Journal this past Friday in one of the best interviews I've seen about how to get us out of this financial abyss we're in which I posted the other day at Video Cafe but here's the video again for anyone that didn't watch it already. The transcript and links to Bill Moyers are available in that post as well.

Andrew Sullivan is a bit more confident than Johnson that the banks will be nationalized and feels that the stress tests will be used as a means to justify it to the public.

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After watching the interview on Bill Moyers Journal with Simon Johnson, I hope he's right. As covered by TPM, it looks like even Lindsey Graham agrees that nationalization may be necessary.

One thing that bears noting is just what exactly Simon Johnson envisioned as to what would happen if this takes place. From the transcript of the Bill Moyers Journal interview:

Johnson: So you're looking at how the bank's balance sheets will look under stress. And then you say to them, "This is our assessment of the amount of capital you need to cover your losses, and to stay in business, and be able to make loans, through what appears to be a severe recession."

And, as the president said, we may lose a decade. So we've got to be very hard headed, and all the officials forecasters are still too optimistic on that. This is the amount of capital you need. Now you have a month, or two, to raise this amount of capital privately.

And when this was done in Sweden, by the way, in the early 1990s, they did it to three big banks. One of the three was able to go to its shareholders, raise a lot more capital, and stay in business as a private bank, same shareholders. That's an option. Totally fine. However, the ones that can't raise the capital are in violation of the terms of their banking license, if you like.

We have no problem in this country shutting down small banks. In fact, the FDIC is world class at shutting down and managing the handover of deposits, for example, from small banks. They managed IndyMac, the closure of IndyMac, beautifully. People didn't lose touch with their money for even a moment. But they can't do it to big banks, because they don't have the political power. Nobody has the political will to do it.

So you need to take an FDIC-type process. You scale it up. You say, "You haven't raised the capital privately. The government is taking over your bank. You guys are out of business. Your bonuses are wiped out. Your golden parachutes are gone." Okay? Because the bank has failed.

This is a government-supervised bankruptcy process. It's called, in the terminology of the business, it's called an intervention. The bank is intervened. You don't go into Chapter 11 because in that's too messy. Too complicated. There's an intervention, you lose the right to operate as a bank. The FDIC takes you over. I think we agree, everyone agrees, we don't want the government to run banks in this country.

So who's speaking out against nationalization? Chuck Schumer. I know everyone's shocked, right? Another corporate Democrat taking Wall Street's money and he's against it. It seems Jane Hamsher has taken notice of the Johnson inteview on Bill Moyers and Schumer's statements on This Week as well and has more on the topic here: Who Does Chuck Schumer Represent, You or the Banks?

Jim Rogers, who cofounded the Quantum Fund with George Soros, attacks the bank bailout as "wrongheaded" and says most of the major banks are already bankrupt:

"Without giving specific names, most of the significant American banks, the larger banks, are bankrupt, totally bankrupt," said Rogers, who is now a private investor.

"What is outrageous economically and is outrageous morally is that normally in times like this, people who are competent and who saw it coming and who kept their powder dry go and take over the assets from the incompetent," he said. "What's happening this time is that the government is taking the assets from the competent people and giving them to the incompetent people and saying, now you can compete with the competent people. It is horrible economics."

[...] Goldman Sachs & Co analysts this week estimated that banks worldwide have suffered $850 billion of credit-related losses and writedowns since the global credit crisis began last year.

But Rogers said sound U.S. lenders remain. He said these could include banks that don't make or hold subprime mortgages, or which have high ratios of deposits to equity, "all the classic old ratios that most banks in America forgot or started ignoring because they were too old-fashioned."

Many analysts cite Lehman's Sept 15 bankruptcy as a trigger for the recent cratering in the economy and stock markets.

Rogers called that idea "laughable," noting that banks have been failing for hundreds of years. And yet, he said policymakers aren't doing enough to prevent another Lehman.

"Governments are making mistakes," he said. "They're saying to all the banks, you don't have to tell us your situation. You can continue to use your balance sheet that is phony.... All these guys are bankrupt, they're still worrying about their bonuses, they're still trying to pay their dividends, and the whole system is weakened."

Yep. The pointless bailout, the one that only postpones the inevitable, is embraced warmly by the Republican party while the one that actually provides a product and employs millions of working-class people is rejected. It's the blue shirts vs. the blue collars.