Category: Legislation

In the Annals of the Unsurprising…

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The 10 month long Pentagon study shows that the overwhelming majority of those serving in the military have no problem with repealing Don’t Ask, Don’t Tell:

“We are convinced the U.S. military can make this change, even during this time of war,” the Defense Department report concludes, noting that 70% of the tens of thousands of military personnel and family members surveyed predicted there would be “positive, mixed or no effect” from allowing gays and lesbians to serve openly.

This won’t stop Republicans from blocking a repeal though, because pandering to a small, but vocal, minority of bigots is how they play.

Signs of the Apocalypse, Steny Hoyer Showing Guts Edition

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You got that right, Steny fracking Hoyer is finding a damn backbone:

Steny Hoyer, the number two in the House Dem leadership, told Democrats at a caucus meeting this morning that they would get to vote this year on just extending the Bush tax cuts for the middle class, a senior Dem aide tells me, signaling support for a confrontational move towards the GOP that liberals have been pushing.

Asked if Democrats would definitely get a chance to hold this vote, the senior aide responded: “Definitely.”

Hoyer’s declaration comes as Democrats have been debating the way forward on the Bush tax cuts, and another aide tells me that “more than half” of the Dem caucus supports this course of action.

I approve, but I wonder just who the hell had Steny’s testicles, and why they decided to give it back to him.

Raising taxes on people making more than a ¼ of a million dollars a year is excellent policy, and excellent politics, so it surprises me that Democrats are even thinking about doing this.

Doubtless, they will find a way to screw this up, and I’m sure that Heath Shuler will be leading the way, but I’m still getting a heavy duty umbrella, just in case it starts to rain frogs.

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And the Award for Lame Losers Goes to ……

You know that recovery that we seem to be having, well expect it to stop, suddenly, in just a few weeks.

Why, because somehow or other the House Democrats managed to lose a vote on extending unemployment benefits extension, meaning that roughly 5 million Americans will lose their unemployment benefits on November 30.

That’s 5 million Americans who will be unable to make car or house payments of buy much of anything at all.

Figure about $1.5 billion pulled out of the economy a week, or a little bit over ½% of GDP that would just go away.

Not only did they not manage to pass the bill, but it was only a 3 month extension that they managed not to pass, so they failed on a lame half measure.

For some reason known only to God, they tried to pass it under a “suspension of the rules” requiring a ⅔ vote, which it failed, by 258 to 154.

OK, I do know the reason why the Democrats tried to pass this under a procedure requiring a 2/3 vote: If it passes by a simple majority, then people can make a “motion to recommit”, which could kill the bill, and would not pass, or a “motion to recommit with instructions”, where it is sent back to committee with instructions to make amendments, which doesn’t kill the bill.

The problem is that the Democratic Caucus discipline is so lax that if the Republicans try to attach something that Democrats fear might be used in a campaign, like, for example, banning felons from getting UI benefits, then many of the Democrats, fearful for being cast as soft on crime in the next election, will vote for the measure and against the party, and the country, because they have no damn guts.

Of course, the reason that the Dems lost on November 2 was because they have no damn guts, so their solution is even more gutlessness.

Cthulhu on a cruller, it’s lame.

It’s Jobless Thursday

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And initial unemployment claims are back up to 457,000, with the 4-week moving average rising slightly to 566,000, continuing claims fell by 42K to 4.34 million, and emergency claims, which, by the way expire on November 30, rose by 357.7K to 5.01 million.

Total up those numbers and things are getting worse, and come November 30 they expire.

Extended unemployment insurance will likely not be renewed, because the threat of electoral punishment is gone from the Republicans, and over 5 million people lose UI benefits, which will crush consumer demand in the middle of the all-important holiday season.

So we have a cohort of 99ers who would be losing their unemployment benefits anyway, along with millions of people who will be abruptly cut off.

This is going to get very ugly very fast.

The Most Morally Repugnant Industry on the Face of the Earth

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It’s the private prison industry, which is lobbying for draconian immigrations laws, like Arizona’s “Papers Please” law, because more people in detention means more money for them:

NPR spent the past several months analyzing hundreds of pages of campaign finance reports, lobbying documents and corporate records. What they show is a quiet, behind-the-scenes effort to help draft and pass Arizona Senate Bill 1070 by an industry that stands to benefit from it: the private prison industry.

The law could send hundreds of thousands of illegal immigrants to prison in a way never done before. And it could mean hundreds of millions of dollars in profits to private prison companies responsible for housing them.

The story leads off with a private prison pitching an immigration detention facility for women and children in Benson, Arizona.

There are certain functions that cannot be fobbed off on the private sector, and this is perhaps the most sterling example.

I Hope that He is Wrong, But I Fear that He is Right

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John Carney at CNBC says that Congress will make the illegal actions of banks retroactively legal in the lame duck session:

The put-back crisis is not driven by economics. It is driven by legal rights. And there’s simply zero probability that the politicians in Washington are going to let Bank of America or Citigroup or JP Morgan Chase fail because of a legal issue.

So here’s what I expect will happen. The lame duck session of Congress will pass a bill that essentially papers over the misdeeds of the banks that originated mortgage securities. Every member of Congress and every Senator who has been voted out of office will cast a vote for the bill. And the President will sign it.

He is suggesting that you buy stock in Bank of America, because when Congress does this, the stock will rebound.

He’s right, the bankers own our government.

Veto

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The White House has announced that Barack Obama is vetoing HR 3808, the Interstate Recognition of Notarizations Act, which created a South Dakota/Delaware credit card processing style race to the bottom, only this time with forged foreclosure paperwork.

They are actually claiming that it is a pocket veto, but they are also sending it back to Congress with a notice of disapproval, since the Senate is entering into pro forma sessions, making that whole “pocket veto” thing dicey, as you can only pocket veto a bill when Congress is in recess.

This is his second veto, his first was when he vetoed a stop-gap spending bill when the regular bill came in on time, so this is his first real veto, the last one was about cleaning up the bookkeeping.

I would note that there is an important lesson here: If you hold the White House’s feet to the fire, the Obama administration will do the right thing ……… at least occasionally.

It’s why the Fanboi who maintain that it’s all eleventy dimensional chess are so wrong.

Were it not for the firestorm that erupted in the past 72 hours or so, largely due to the efforts of Ohio Secretary of State Jennifer Brunner, not only would have Obama not vetoed it, but he probably would likely have seen it as an innocuous bill streamlining interstate commerce.

If there is not vigorous criticism from liberals directed toward the White House, then they will continue to follow the path of least resistance and do the wrong thing when they can.

Full statement from the White Houseafter the break:

Why President Obama is Not Signing H.R. 3808
Posted by Dan Pfeiffer on October 07, 2010 at 01:15 PM EDT

Today, the White House announced that President Obama will not sign H.R. 3808, the Interstate Recognition of Notarizations Act of 2010, and will return the bill to the House of Representatives. The Interstate Recognition of Notarizations Act of 2010 was designed to remove impediments to interstate commerce. While we share this goal, we believe it is necessary to have further deliberations about the intended and unintended impact of this bill on consumer protections, including those for mortgages, before this bill can be finalized.

Notarizations are important for a large range of documents, including financial documents. As the President has made clear, consumer financial protections are incredibly important, and he has made this one of his top priorities, including signing into law the strongest consumer protections in history in the Wall Street Reform and Consumer Protection Act. That is why we need to think through the intended and unintended consequences of this bill on consumer protections, especially in light of the recent developments with mortgage processors.

The authors of this bill no doubt had the best intentions in mind when trying to remove impediments to interstate commerce. We will work with them and other leaders in Congress to explore the best ways to achieve this goal going forward.

Dan Pfeiffer is White House Communications Director

Least Surprising News of the Day

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Former HHS Secretary nominee, and enthusiastic free rider Tom Daschle* has let slip that Obama cut a deal with pharma and insurers to kill the public option at the start of the healthcare reform process.

Eleventy dimensional chess, my ass. We are dealing with someone who has created faux reform because he does not want real reform.

*The great Matt Taibbi noted, when he talked about his lobbying activities, “Tom Daschle would suck off a corpse for a cheeseburger.'”

Your Bank Foreclosure Fraud Update

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Alan Grayson connects the dots

The lede here has to be that the Ohio Attorney General has sued GMAC mortgage:

This is big news. I just got off a conference call with Richard Cordray, the Attorney General for the state of Ohio. He has filed a lawsuit in Lucas County (Toledo) Common Pleas Court against GMAC Mortgage and their parent company Ally Financial, in a suit which names Jeffrey Stephan, the infamous “robo-signer” who signed off on up to 10,000 foreclosures a month across the country with affidavits, without verifying the information in the foreclosure documents. The lawsuit alleges fraud on the part of GMAC, along with violations of the Ohio Consumer Sales Practices Act, in filing false affidavits to mislead the courts in what they describe as “hundreds” of Ohio foreclosure cases. And, the Attorney General is treating every single false affidavit filed in an Ohio court as a separate violation, with a fine of up to $25,000, plus additional restitution for the homeowner of an unspecified amount.

This is a major lawsuit, and as Cordray told reporters, “We’re at the beginning of this, not the middle or end, and we’ll see where it leads us.” For context, approximately 450,000 foreclosures have been filed in Ohio since 2005, and potentially all of them used this robo-signing process. At the outer edge of this, if every one of those foreclosure processes is seen as a single case of fraud, the fines for the entire lending industry would add up to $11.25 BILLION dollars, just in the state of Ohio, not including the extra restitution for homeowners.

Cordray is also requesting information from the other major lenders, and has moved for an injunction against GMC, so it looks like this snowball once he gets to discovery.

Additionally, we have more calls for investigations and a moratorium, with both Nancy Pelosi,the Republican Texas Attorney General Greg Abbott, and North Carolina Attorney General Roy Cooper raising concerns. (talk about the odd couple)

Congress has weighed in, sort of, with an unexpected vote in the Senate a week ago approving an electronic notary law which, at least according to Jennifer Brunner, the Ohio Secretary of State, increases the possibility of fraud by creating a credit card style race to the bottom in terms of legal standards.

This growing furor may explain one of the peculiarities of the property meltdown, why banks seem to favor foreclosures over short sales even when the former generate more money.

I was unaware of the fact, but the standards for titles are much lower in the event of a foreclosure sale:

If you know anyone in real estate, you have bumped into countless frustrated agents who were attempting to complete shortsales for their selller clients only to have the whole thing fall apart at the last moment and then they later see the same property go into foreclosure for LESS than what the pre-approved shortsale buyer had offered just weeks earlier. Why, why, why, they moan. Why would a bank or mortgage servicer take less than what they could have had?

Well, now I wonder if one potential answer doesn’t have something to do with the types of deeds that get conveyed in a foreclosure and the tie to title insurance. In foreclosures in many states the buyer obtains a specialized deed – a special warranty deed, or a bargain and sale deed which make fewer guarantees for the buyer than the general warranty deed which is transferred in a normal sale(which I believe a short sale still falls under)

………

Is it possible that the foreclosers realized it was in their best interest to abort short sales in favor of foreclosures in order to pass the more limited deeds conveyed in a foreclosure? Did that decision come back to haunt them once the entire foreclosure process itself became highly suspect and publicized? (There is already a large title insurer who is denying title insurance on some foreclosures.)

Of course, the real elephant in the room is that anyone who has gotten a mortgage in the past decade* is just as likely to have problems with their title.

Foreclosures do not create title problems, foreclosures merely reveal those problems.

This is going to be uglier than David Boehner in a thong.

*Full disclosure, like me.

Not Enough Bullets

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So, once again, Congress refuses to act, so billionaire hedge fund managers can continue to pay less in taxes than the janitors who clean their offices:

Once again a key piece of news has passed virtually without comment.

While the entire nation argues over nonsense like the WTC Mosque, Rick Sanchez, and, yes, blue-red culture war stuff like the Tea Party, congress yesterday quietly took a knee on the “carried interest” tax question. In doing so they decided not to take a vote on changes already approved by both houses that would scale back perhaps the most preposterous tax break in the entire federal code, one that leaves hedge-fund gazillionaires like Stevie Cohen and John Paulson paying less than half the top tax rate paid by most middle and upper-middle class Americans.

In case you don’t recognize the writing style, it’s Matt Taibbi, and I suggest that you read the whole article, because he communicates the disgust that I feel far more cogently that I ever could.

The DFHs* Eke Out a Small Win on Intel

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The house has passed an intelligence authorization bill that expands oversight by requiring that the full intelligence committees in both the house and senate must be briefed, and by allowing the GAO to take a small peak at operations:

According to a draft bill that the House sent the Senate on Friday, the White House would be required to notify the full membership of both congressional intelligence committees of presidential directives to conduct covert action, known as “findings.” At present, the administration is required to notify only the so-called Gang of Eight, the chairmen and ranking members of each committee and the party leadership in both chambers.

It should be noted that any administration would have at least 180 days to make the notice, more if it said that it needed more time, so this is still weak tea.

Additionally, the bill also includes language that would for the first time give the GAO some access to the activities of the intelligence community:

The Government Accountability Office seems poised to play an increased role in intelligence oversight, despite a series of legislative setbacks and the Obama Administration’s threat of a veto earlier in the year.

The issue remains alive in the FY2010 Intelligence Authorization Act which was approved in the Senate on September 27 and which now appears likely to be enacted into law. The Act (in section 348) requires the Director of National Intelligence to prepare a directive on GAO access to intelligence community information — thereby setting the stage for a stable new role for the GAO in intelligence agency audits and reviews.

Personally, I think that this last bit will be a disappointment, either the DNI will issue a directive that says “go Cheney yourself,” to the GAO, or Obama will author a signing statement gutting this provision, because the intelligence community really does not want anything vaguely resembling accountability, and the state security apparatus owns the Obama administration.

*Dirty F%$#ing Hippies.

This Means Nothing

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The House just passed a bill allowing for sanctions against countries that manipulate their currency, which is actually in accordance with free trade theory; an undervalued currency is a tariff on imports and a subsidy on exports.

The “free trade” absolutists would disagree, arguing since free trade creates democracy, cures rainy days, and keeps your daughter from dating that guy with the tattoo and the tongue studs.

Of course what they are really arguing is that they want to do whatever they can to depress American worker’s wages, because that’s how they get their consulting gigs.

This bill means nothing, and it never will, because it will never pass the Senate, and because in order for the tariff to be enforced, the US Commerce department must rule that the currency is “fundamentally undervalued,” which it will never do, because, it’s run by guys who worry that if they do so, their daughter will start dating that guy with the tattoo and the tongue studs.

And the Stupid Motherf%$#ers Never Even Tried to Make it a Campaign Issue

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So a measure to repeal tax subsidies to ship jobs overseas failed in the face of a Republican filibuster:

As expected, a Senate bill designed to end tax breaks for U.S. companies that move jobs and manufacturing plants overseas failed a key test vote Tuesday.

With a 53-45 vote, Senate Republicans blocked a Democratic efforts to end debate and ultimately vote on a “jobs” bill.

Top Democrats have claimed the bill would help keep American jobs from going overseas. But when it came to the test vote, four Democrats voted with Republicans to block the bill.

Here is the kicker:

The bill came out of nowhere last week and wasn’t discussed or debated, as a package, by any of the Senate’s committees. It would have given companies a break on payroll taxes for new U.S. jobs that replace positions that had been based overseas.

It’s a f%$#ing election year, and you weren’t using this as a club to beat Republicans over the head with on a daily basis for weeks?

Are these motherf%$#ers trying to lose the election?

Actually, considering the video evidence, the answer to that is probably yes.

Cowardly Conservadems Cause Tax Cut Catastrophe

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What Cee Lo Green Said (NSFW)

So, put a fork in it, the Democrats won’t be voting on middle class tax cuts, because the conservadems are unwilling to support the idea:

Obama wanted a vote on his proposed extension of some of the tax cuts before lawmakers returned to the campaign trail for the November 2 elections, in part to reinforce Democratic support for pocketbook issues.

Democratic strategists have been divided over whether it’s politically beneficial to push for a vote on the tax cuts now, citing their candidates from conservative states in tough re-election battles who would have to defend the resulting increase in the tax rate on wealthy Americans to previous levels.

Of course, voting on this would have put the Republicans on the defensive, by forcing them to vote against middle class tax cuts, the the conservadem/Blue Dog types are so terrified of Republicans that they are shooting themselves in the foot.

Bad policy and bad politics.

Truth be told, I’m for letting it all expire, and then increasing taxes on the very rich (94% sounds good), but still it is remarkably how Dems can pull defeat from the jaws of victory.

Take it away Cee Lo.

This Isn’t Just Because Heath Shuler has Always Been an Over Paid Under-Performing Punk*

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But I really want every seat lost by the Dems this election cycle to come from the Blue Dog Democrats.

The Blue Dogs and other conservative are trying to prevent a vote on extending the tax breaks for people making less than $¼ million a year because they pants wetting cowards, and are afraid that Republicans will say something bad about them, and are busy on their knees to their wealthy donors.

They want their tax cuts for the rich, even though it is ruinously bad policy, and even worse politics, because they are hopeless wimps.

*He was a first round draft pick for the Washington Redskins, and turned out to be, according to ESPN, the the 4th biggest NFL Draft bust of all time, as well as being the whip for the Blue Dog Caucus in the House of Representations.

Cloture Fails on DADT in Senate, Thanks Barry

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So the Republicans successfully filibustered the Defense authorization bill.

It’s not surprising given the full court press that we didn’t hear coming from the White House.

When one considers the fact that the Obama Department of Justice submitted a legal brief equating homosexuality with incest, his administration defied a judges order to provide health benefits for a same sex spouse, and his campaign had an anti gay bigot front a campaign concert, one begins to wonder whether is inaction on DADT is more than cowardice, or whether he actually has a problem with “th ghay”.

To paraphrase Kanye West, I’m beginning to wonder if “Barack Obama doesn’t care about gay people,” because it’s clear that the Obama administration antipathy to being seen as pro-LGBT at this point is both bad politics, it loses votes, and bad policy.

Jimmy Carter: Still a Wanker

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It appears that Mr. Carter still cannot get over his hatred of Teddy Kennedy, so he’s going after a dead man, blaming Kennedy for killing his healthcare proposal.

Just as classy as ever, I see.

He still thinks that the Kennedy challenge in 1980 is what cost him the White House. It’s wasn’t.

What killed his chance for a 2nd term in 1980 was one James Earl Carter, was elected with much hope, but found to be a sanctimonious jerk.

I would note that this assessment does not include my opinion that Carter is a war criminal on par with Henry Kissinger because he and Zbigniew Brzezinsk decided to purchase a civil war in Afghanistan, knowing creating untold suffering in that nation and its neighbors.