The bailout and its interpretation [10/09/2008]

Via dday, Nouriel Roubini shows, via a transcript, that the bailout bill can also support bank nationalization (a more sensible policy alternative than buying toxic waste), because of an "interpretation" of the bill added by Congressman Moran during the floor debate. (Roubini does not give a link, so here is the debate transcript in the Congressional Record (search the page for "colloquy").

I have to go scrape and caulk another part of the House, because it's sunny again, so I don't have time to post in detail, so I'll say briefly:

1. Roubini characterizes this result as "all's well that ends well." I would say that whether this approach is a victory for Constitutional government and the rule of law remains to be seen; to me, it seems like the extremely Constitutional theory of We Get To Do Whatever The Fuck We Want with a rider to the effect of (As Long as Harry And Nance Are In The Loop) to me. In fact, it seems to me like Harry and Nancy's version of George Bush's signing statements.

2. dday characterizes resistance to the Democrat's role in passing the bill as "knee-jerk."* I think that's more than a little simplistic. First, apparently the definition of due diligence for bloggers has changed; now, in order to avoid the "knee-jerk" characterization, we not only have to look at the statements of the bill's advocates (as we did, in near real time, links too numerous to give), we not only have to read the text of the bills (as we did, again, in near real time), we must wait to form an opinion until 11AM on the day after the debate, so that we may see the "interpretations" that have been added. That's hardly a victory for a transparent legislative process, though it may be an insider's jujitsu move in response to shock doctrine tactics.

3. Now, the "interpretation" I'd like to see is one that helps homeowners by implementing HOLC, and for all I know, since all legislation is now meaningless until the Congressional Record is scrutinized for "interpretations," it's in there. Perhaps Obama's advocates could spend a little less time defending the actions of the leadership, and a little more time tending to the needs of the base?

NOTE * At least, I think that's what dday means:

I know that there's this knee-jerk response that we're supposed to de facto assume that Democrats cave and aren't worth a warm bucket of spit, but they appear to have back-doored the right idea on this crisis.

I'm all for back doors, but as I've said, I think the "cave" narrative should be discarded. Take FISA. I don't believe the Democrats "cave." I think they afffirmatively vote for their vision of how the country should go. That's why presumably why, for example, their party leader voted for FISA reform. Eh?

UPDATE Stylistic changes.

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Senator Moran?

there is a congressman Moran, but Senator?

Fixed, thanks n/t.

[ ] Very tepidly voting for Obama [ ] ?????. [ ] Any mullah-sucking billionaire-teabagging torture-loving pus-encrusted spawn of Cthulhu, bless his (R) heart.

"First they ignore you, then they ridicule you, then they fight you, then you win." -- Mahatma Gandhi

Flexibility Is the New Authoritarianism

This bill will now be praised for the "flexibility" it provides the executive. See, Paulson was able to make the right decision thanks to the flexibility the Congress gave him. Of course, he also could've made the wrong decision thanks to that same flexibility (but it would've been awful for Congress to take away this flexibility and have forced Paulson to do the right thing, how very rigid of them?). At the time of the bill's passage, Paulson's stated aim was to make the wrong decision and buy the shitpile troubled assets. So, it seems to me, that if Paulson does the right thing here the person to be praised is Paulson and not the Congress since they were perfectly willing to empower him to do the wrong thing (and did, in fact, so empower him).

But just think how great this new framing is. Congress didn't fail to force a change in Iraq policy, it simply gave the Bush Administration the flexibility to pursue Iraq as it saw fit. It didn't provide vast new surveillance powers to the state in the FISA reform, it gave the Government the flexibility to surveil its citizens in ways that work! It hasn't sat on its hands while the Bush Administration commits war crimes and tortures people. It's given the President the flexibility to question prisoners and keep Guantanamo open. Imagine how awful it would be if the President were forced to obey the law and could be restrained by Congress, he'd have no flexibility!

See, we're not heading towards an ever-expanding authoritarian state, we're simply flexible!

"Do what you feel in your heart to be right -- for you'll be criticized anyway. You'll be damned if you do, and damned if you don't. " - Eleanor Roosevelt

Speculation

and why not, everyone else is including those dastardly bankers. I've read oh maybe a hundred interpretations of what the Trillion Dollar Rip-off Bill does and OMG it just goes on and on, a dozen new interpretations every day. This is becoming the Holy Bible of legislative acts; whatever you want to see in it, you can parse the text to support your view.

Several broad possibilities leap to mind:

(1) Could be that this is some enormously subtle yet powerful authoritarian power grab co-ordinated by the evil servants of our Corporatist Masters, a gigantic unstoppable collusion between the Republican and Democratic arms of Corporateamerica as the next step towards obtaining World Domination. [Note: If this is actually true, head for the hills Bunkie because otherwise you will be crushed. Survive and regroup for a distant rebellion is the only sane option.]

(2) Could be that this bill is a panicked reaction to largely unforeseen events, the likes of which have never before happened and the correct immediate response being entirely unknowable, the net result being a cobbled together mish-mash of open ended We-don't-know-what-to-do-so-let's-make-it-OK-to-do-whatever-might-possibly-need-doing dog's breakfast, a Joycean parody stream-of-consciousness run-on sentence of a bill more extruded than crafted from the acutely insane minds of average-intelligence people overwhelmed by fear and greed and double back flip reverse twist contortionist CYA political calculation with a fair dollop of special interest goodies like a kitchen sink sundae with an oh-yes-oh-yes-oh-yes-yes-yes cherry on top. A mass hysteria lizard brain deeply passive-aggressive message saying "Here's $700 Billion now Do-Whatever-The-Fuck-You-Want but please do something and if it all goes bad don't blame me."

(3) Some amalgamation of the two.

(4) Something far worse, with consequences darker than anything envisioned by either its crafters or any analysis yet performed.

(5) All of the above.

I favor Option #2, the bill is a clusterfuck primarily because nobody knows what to do and regardless eventually things will sort themselves out, but that's because I have latterly in life committed myself to being an optimist. Living as a realist was such a downer, very depressing; from a political perspective I was continuously miserable. As an optimist I find myself being happy some weeks a full 10% of the time and that is such a huge improvement in my political life I can't tell you. Highly commend the change in POV.

Regards the plans put forth by the candidates, McCain's to me sounds like "Well, my friends, we seem to have broken a leg so let's jump off a cliff" including the $300 Billion giveaway to the investor class to make them whole on their underwater mortgages - not a fan of that approach, no not at all.

Obama's is a phenomenal exercise in fuzzy logic, a little of this and a little of that in a mixed salad of Conservative escarole and Progressive arugula, no singular definitive focus anywhere and that paradoxically may be exactly the right approach to deal with the unknowable - a very tendentious academic economist equivalent to the Boy Scout imprecation to "Be Prepared!" Sad as it may be, perhaps that cautious sort of positioning is the best that anyone can do under present circumstances.

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