Cantwell’s office released a statement late Wednesday explaining her complaint:
The issue, Cantwell said, is ensuring transparency and oversight of the currently unregulated derivatives market. Even seemingly small loopholes can create structural flaws in the financial system that can cause tremendous damage in the long term as they are exploited by Wall Street. She likened the issue to building a dam.
“Even something like the Hoover Dam, with all the great concrete and all the great engineering … still has a problem if somebody drills a hole in the bottom of it,” Cantwell said in a Senate floor speech just after the vote. “This issue is a fundamental one. We won’t have reform if we don’t have exchange trading and clearing, if we don’t bring derivatives onto the same kind of mechanisms we have for other products in the financial markets. And if we don’t have that, then I don’t know what we’re doing out here in the context of what brought us into this crisis.”
Cantwell is seeking derivatives reforms including: minimum requirements for capital behind trades; transparency in pricing; real-time monitoring of trading activity; transparent valuation of derivatives; limits on speculation; and public transparency. The pending reform bill contains many strong provisions that Cantwell not only supports but co-authored. But she said the derivatives language in the current version of the bill retains loopholes that could once again cause serious financial disruption.
As I noted earlier, this is basically the loophole that Americans for Financial Reform has suggested would make the mandate of trading derivatives on clearinghouses meaningless, because there would be no penalty or force behind it, and it would not disallow uncleared swaps. Some have called this a made-up problem, saying that the penalties do exist for violating the derivatives statute on clearinghouses. But Cantwell obviously doesn’t think so.
Cantwell’s two-page amendment, co-sponsored with Blanche Lincoln, would clarify the language. It says that “any swap that is required to be cleared is unlawful unless the swap is cleared.” The current language is looser. The other part of the amendment allows regulators to stop derivatives deals if banks violated trading requirements. Basically it amounts to loophole-tightening, and the argument that it’s not important because the language is already tight makes little sense. Because if the end goal is to have language that works, what’s the problem with clarifying it?
Cantwell has a separate amendment with John McCain that would restore the Glass-Stegall firewall between investment and commercial banks, but while she said today she would prefer a vote on that amendment, “her primary concern was the derivatives issue.” The Glass-Steagall amendment seems to be the major complaint for Feingold; in his statement today, he touted his vote in 1999 against the repeal of Glass-Steagall.
It doesn’t look like Cantwell will have a shot at offering either amendment.
Aides to Mr. Reid tartly dismissed Ms. Cantwell’s concerns, saying her derivatives proposal could be added when the Senate and House regulatory bills are combined and that the proposal to restore the Glass-Steagall Act would have been defeated easily had it been called up for a vote.
It seems the game plan for Senate Democrats is just to hope Cantwell, Feingold or some Republican breaks ranks and switches on the vote. Dick Durbin said on the floor Wednesday night that he hopes Cantwell or Feingold would “come around” today. I don’t know if that will happen. But Scott Brown (R-MA) is suggesting tonight that he did tell Harry Reid he’d be for the bill, and he may switch his vote as soon as today:
“I’m confident that something will be resolved,” Brown told reporters tonight. He claims his last minute defection was based on remaining objections he has to rules restricting high risks trades by financial companies, which he says will adversely impact insurance companies and trusts in his state.
“When he told me that I let him down, I told him straight up that I certainly felt badly about it, but bottom line is representations were made, issues were not resolved and here we are,” Brown said.
I’m not quite sure what he’s even talking about, but he may be an easier mark to get to 60, ultimately, than Cantwell or Feingold. Meaning that we could have an endgame on the bill without progressives getting their way on further strengthening amendments.




28 Comments

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David, you have been a veritable powerhouse on this issue. You’ve always been amazing, but you’ve outdone yourself now. Many, many thanks for all you do.
What is truly stunning is that Feingold and Cantwell are the only 2 Dems fighting this fight.
There is just no laying this at the feet of the GOP this time.
Ditto along with fatster on your great reporting, David.
this just effin’ kills me:
p.s. Do we know why Dorgan stood down ?
This derivatives loophole is huge. This is what the banks and traders are most afraid will go away. The loophole won’t be closed in conference. Cantwell should let Glass Steagall go..alot of what’s needed is already in as part of the Volcker rule. But she should hold firm on closing this derivatives loophole, and Feingold should stick with her. Screw Scott Brown. Screw Harry Reid.
Why isn’t Sheldon Whitehouse holding out for his own amendment?
THE BUSH CRIME FAMILY HAS BECOME THE OBAMA CRIME FAMILY
I agree regarding the excellent reporting on FDL. You give me facts but you also give me your reasoning. Thank you.
I hope Feingold and Cantwell stick it to Obama! We need more Dems with spine!
His owners to him to. /s
OT, more evidence of how Obama never met a corporation he couldn’t do business with.
http://www.mnn.com/green-tech/research-innovations/blogs/coast-guard-and-bp-threaten-journalists-with-arrest-for-docume
Obama has to have a primary challenger. He’s a colossal failure and fraud. Dean, Sanders, Feingold, DeFazio step up and serve your country.
Thank you for doing what you are doing DD
You know if the damn Congress worked for the people instead of the MIC a comprehensive Financial Reform bill would not be a problem to pass and if we had a president that cared one whit about anything other than the corporations that have him bought and paid for he would be stumping for meaningful reform including consumer protection. This Congress and this president are as, if not more, corrupt as any I have been witness to,
He did get a vote on his amendment to ban naked CDS. It lost, but I guess he just wanted to be heard.
Is there anything we can do?
I’ve emailed Maria Cantwell, my senator, expressing my thanks for her standing up for real Americans and not the corporate bigwigs.
One thing I thought of reading this and other blogs about this, is when Maria Cantwell first ran for the senate, she lost a ton of money in the recession that started early in Bush’s presidency. I suspect a lot of her friends were in the same boat. She may have more than just a policy concern about this, it may very well be based on personal experience.
muchas gracias – forgot about the whole ‘tabling’ thingy
I have also come to that conclusion. Don’t forget Whitehouse and Kucinich.
Boxturtle (Obama gets points for making wingnut heads explode. That’s it)
Yes, and if not that then form a Progressive Party, and if not that then vote Green in 2012.
But in any case we liberals need to have a unified effort if we hope to make a difference.
sadly, despite all his good works, including being one of only 8 to vote against dismantling Glass-Steagall, I’m gonna remember his vote against cramdowns (and his banksters lobbyist wife) and his failure to release the Abramoff emails, once he ascended to McCain’s Chair.
The LaRouchies are out this morning in downtown LA, handing out flyers calling for restoring Glass-Steagall.
My thought: it would have been a lot more useful before the Lords of the Senate shut down all real reform. (That, however, is about par for the course with the laRouchies: either a day late and a dolalr short, or so far out in the field that they’re not aware of the game status.)
Ok, so now wait a minute. Who’s side are we supposed to be on? So you mean to say that Reid and Obama and Dodd don’t have Americans best interests at heart against Wall Street. You mean we should follow two Democrats that sided with Republicans against the Dodd establishment?
I hope enough of you can realize the truth about what is going on. Cause its not just this that Cantwell GETS IT. It is climate change too. Who isn’t going to follow the corporate establishment Kerry bill? Yep, Cantwell. And the old support whatever a Democrat says is to childish for serious times!
Ditto. There ARE representatives that get it. And more importantly are 1) willing to publicly take stands against the establishment and 2) even make alternative proposals. Cantwell has a climate alternative. THAT is leadership. Holding up Dodd’s Wall Street loophole bill. THAT is leadership. And there are good examples on both sides of the aisle. Few and far between? Yes.
It is only through momentum on pages like this that people like Cantwell will be encouraged to do what’s right and side with the people. She will be under enormous pressure today. Yesterday was a little easier cause they could tell Reid ‘well, you don’t have the votes anyway’. Today, if Reid gets a Republican, then Cantwell would really be making a stand. She needs to be encouraged!
And Washington continues to thumb it’s collective nose at consumers.
It’s important to realize not all derivatives are bad.
Of course if Obama keeps attempting to destroy the markets there may be no Wall Street left to reform.
Obama keeps saying ‘make me’, I say ‘prove it’.
I agree with those that argue Cantwell and Feingold deserve our support especially now. They can’t be the only Democrats who understand that the political tide here is moving against the establishment and against Wall St. Reid and Obama must be making it awfully painful for progressive senators to hold out for more meaningful financial reform. If the politics weren’t clear enough last week, Tuesday should have made it obvious to any elected official. Can someone explain to me why Reid and Obama want to rush this? I mean ostensibly. Is it to get to a jobs bill or energy or immigration?
Is there plan “build momentum with finreg, and then close before the election with jobs, and do energy and immigration after the election”? I share the enthusiasm for a real jobs bill, but I don’t believe they can do as much before the election than after. The R’s will have a much easier time demagoguing a jobs bill that “causes more runaway deficit spending” than real financial reform, where they have absolutely nothing resonant to crow about, true or false.
To me this strategy–if I’m correct in guessing it–absolutely exposes them as corporatists little different from their R opponents. And the gusher in the gulf is not helping distinguish themselves either. Sometimes I really wonder who in the WH is doing the political calculations. I get that they’re corporatists; I don’t get that their political calculus is so clearly amateurish.