So I leave for just a couple of hours, and the story I’ve been following for weeks comes to a resolution. Sheesh…
OK, so here’s what happened, as best as I can tell. Last I left things, cloture had passed on the Wall Street reform bill, but there were two outstanding post-cloture amendments. One concerned exempting auto dealers from the CFPA (the Brownback amendment); the other was the Volcker rule (Merkley-Levin), which was attached to Brownback as a second-degree amendment. If both passed, both got in the bill; if Brownback didn’t pass, Merkley-Levin wouldn’t get in the bill.
This set up an interesting dynamic. The Republicans wanted to exempt the car dealers, but were petrified of allowing a vote on Merkley-Levin, which the banksters strongly opposed. And Wall Street won out, as they got the GOP to withdraw the Brownback amendment, because they were so afraid of Merkley-Levin.
HuffPost caught up up with Merkley off the Senate floor. Ultimately, he said, there were two reasons his amendment didn’t get a vote. “One is that it would probably pass and Wall Street doesn’t want it to pass, but the second reason is, I believe that colleagues who were planning to vote no didn’t want to have to vote no. If they voted no it would make Wall Street happy but would make their constituents mad, because this is the type of fundamental reform that is expected for us to get done,” he said.
Merkley said that he was told by colleagues that bank lobbyists were pressuring Brownback to withdraw his amendment. Merkley pressed Brownback to split the amendments apart. He said Brownback was open to the suggestion but needed the permission of his leadership.
Merkley said that he got a commitment from Democratic leadership to push for the principles of his amendment in conference committee negotiations between the two chambers.
In a statement, Merkley said, “If this wasn’t a sign of the Republican leadership siding with the interests of Wall Street over the families and businesses on Main Street, I don’t know what is. Wall Street lobbyists were desperate to block our amendment that would have helped prevent a future financial crisis and bring accountability to our financial markets.” Smart Democrats would make a massive deal out of this. The Republicans sided with Wall Street over LOCAL CAR DEALERS to block consideration of their own amendment.
With Republicans withdrawing the amendment, there was no need for any further post-cloture time, the only order of business left was a budget point of order. Because Democrats got rid of that $50 billion dollar resolution pre-fund paid by the banks, the bill actually cost money, and with no offsets, it violated paygo. So Jeff Sessions threw up a budget point of order, and the Senate voted 60-39 to waive that, with Cantwell substituting for Specter, who took off (is this going to be a regular pattern now? Does Specter have senioritis?). So Cantwell, who doggedly fought for her derivatives amendment, gave up on the budget point of order and voted with the majority. Does this mean she got some assurances about the derivatives loophole? It’s unclear.
Finally, they moved to final passage, only needing a majority, and it passed 59-39, with Cantwell flipping BACK to no and Robert Byrd not voting. That’s a pretty cynical move from Cantwell.
The Republicans did get a non-binding “instruction to conferees” to include the auto dealer exemption, which is in the House bill, but I can confidently say there’s no chance that’ll get in the final bill. The White House is actually strongly against it.
However, there are a host of other issues that need to be fixed or strengthened, as well as things that may get weakened, in conference committee, and the resolution of all that is completely up in the air. Cantwell fake-fought for her derivatives piece, and unless she got some assurance, that massive loophole might remain. Check out this press release from her office:
“While this bill takes much needed steps to help prevent a crisis of this magnitude from ever happening again, it fails to close the very same loopholes in derivatives trading that led to the biggest economic implosion since the Great Depression,” Senator Cantwell said. “Throughout this debate I have fought hard against efforts to weaken this legislation as well as to pass language to strengthen it further. But the fact of the matter is, without key reforms in derivatives trading, this bill does not safeguard America’s economy from a repeat of this crisis.
It sets up a process for responding the next time we have a financial crisis, but it doesn’t prevent this kind of thing from ever happening again. We have to stop these kinds of dangerous activities. We need stronger bans on banks gambling with depositors’ money. We need bright lines – like Glass-Steagall – that separate risky activities from the traditional banking system. We need to refocus our financial system away from synthetic bets and get more capital into the hands of job creators and Main Street businesses. There are good, strong provisions in this bill, and I’m proud of the work we did to get them in there, but I fear that without closing the loopholes primarily responsible for this economic meltdown, we are missing the entire heart of the matter.”
You know, she could have held up the whole thing on the budget point of order, but she… didn’t. So this is missing a piece here.
The consensus from the people I trust is this is a step forward and probably better than we could have hoped for from the Senate, but not transformative. As Ted Kaufman said in a statement, “I am disappointed the Senate did not pass a stronger bill.”
I’ll have more in the morning.
UPDATE: This is a pretty solid summation from David Kurtz:
Historians will probably conclude that the package of reforms was surprisingly modest given the depth and severity of the 2008-09 financial crisis. A harsher historical judgment might find that the political and economic power wielded by the financial industry in the late 20th and early 21st centuries was so extensive that it could weather a near total collapse of the system without having to yield its power or privilege.




47 Comments

Support this site!
Subscribe to the newsletter
Advertise on Firedoglake
Send
us your tips
Make us your homepage
About FDL News Desk
As Ted Kaufman said in a statement, “I am disappointed the Senate did not pass a stronger bill.”
So why did Kaufman vote for it?
I don’t think it’s totally fair to say Cantwell’s move was cynical. In the past, frequently members of even different parties would vote for cloture or against a point of order for another member who was unable to be there .. usually for medical reasons … or in this case sulking over a primary loss. Cantwell cast Specter’s vote for him so that he didn’t have to come back to the floor. It’s not cynical, it’s courtesy.
A most pleasant evening to you, David. You do so richly deserve it.
David, you’re obviously on top of it. Was this bill WORTH passing, and will it make for real reform and protection against the bandits-in-three-piece-suits?
Dude, Harry Reid has an NSA tag on you, they knew you were away from the computer as soon as the RoundUp came online… and WHOOOOOSH! Passed. With no more pesky monitoring and sunshine from that David Dee-an.
Only a few things were worth it.
TBTF still exists.
Derivatives are a problem.
Mostly Potemkin legislation this round.
David, I’m looking for an update about Dorgan’s efforts to ban naked swaps when you have time to get to them.
Never get between Senators and their weekend… Or Harry Reid and a power trip… Especially one fueled by exhortations to please The Backroom Senate Rulers – Barack Obama and his sidekick Rahm Emanuel – in return for lucrative monetary campaign favors…
As I noted in dday’s earlier post about the Scott Brown deal, we got some final icing on the cake of this sickening spectacle, as “Senators” backslapped their way out the door [leaving at least 55 very-worthy, if not vital, amendments in shreds on the Senate floor, including those Dodd had selected for his managers' amendment]:
Before the Senate adjourned for the weekend at about 9:15 p.m. Thursday [until 2 p.m. Monday, when two non-binding conferee instruction votes are scheduled for about 5 p.m. - one from Brownback, and the other from Hutchison, I believe; no Democratic instructions apparently involved], unanimous consent was requested and received to proceed to the “emergency” war supplemental bill on Monday. No 60-vote requirement was invoked before the Senate could proceed to floor action on that ‘minor’ unfunded liability, with the grave implications it represents for a continued deployment of our military and for-profit contractors in violent occupations of two shattered and undefended foreign nations – from “deficit hawk” Tom Coburn, or anybody else…
And the citizenry takes another one on the chin. Shocking.
Never fear, these institutions are salvageable from the inside.
/rollseyes
So, Levin-Merkley was attached to exempting the auto dealers and they had to go together or not at all, but somehow, the final outcome was to kill Levin-Merkley and still get an instruction to exempt the auto dealers in conference later?
Funny how there’s always a procedural mechanism to do the worst, but never one to do better.
For the more than a third of us Americans who are not homeowners, a car purchase is as big as a financial transaction ever gets. There’s no reason for those contracts to be so unreadable and, frankly, there’s no reason why our military servicemembers should get a better, less exploitative deal on car-buying than the rest of us.
Car dealers are just gonna have to suck it up if they want to, as our President says, run their business in a way that is designed to neither cheat people nor exploit their misunderstanding of the paperwork in front of them.
Real reform? No. Better than we could have expected from this gang? I think so. And there’s more to push for in conference. If we get the best of the House bill and the best of the Senate bill carried through we might have something. (Remember, the House has a hard 15:1 leverage limit.) I don’t think we’ll get everything, but it’s worth the fight on a few specific issues. BUt that’s my post for tomorrow.
d
That conferee instruction is non-binding and useless. It’s a bone so the GOP can go back to the car dealers and say “we tried.” It impacts nothing.
There will be no auto dealer exemption in this bill, I’d bet my… well, my car on it.
Totally OT but every single TV commercial during Jeopardy! is for a political candidate in our June 8th primary.
Further, there is a Volcker rule in the bill, though it’s weak and discretionary. Merkley said he got assurances to toughen it up in conference. We should hold Reid to that.
Another crap bill that Reid promises to fix later. Are we seeing a trend here? No courage, no results.
Operative word.
I think we have more than ample evidence of the consequences of “discretionary” rules and regulations.
OT
Change in loop current could give Florida a break from oil spill
http://www.zerohedge.com/
This site is fantastic for what is happening in the Markets Worldwide
Check it out
Why couldn’t Merkley be a standalone amendment?
Ah, how sweet
The Financial Reform Act For The Continued Fucking of the American People
(or FinReg F U America for short)
will now be enacted into law.
I’m sure we’ll all have green shoots popping out of our asses from now on out!
It will be spun as the most awesome financial reform of all time. Obama and the Democrats will expect the public to swallow it of course
Really just another move meaning nothing but protection of the government sponsored crime family. Might just as well have Al Capone or one of the tonier crime bosses elected president, the result would be equivalent, and you would know where you stood, no surprises, no pretending to care and wring hands, I would vote for him after we negotiated the cut.
Is there still any doubt what so ever that Obama and the Dems are a wholly owned subsidiary of Wall Street? Throw the bums out.
I mean why are they wasting time with this shit, they come out and say a few words that are supposed to mean something but don’t. Why did they even bother writing the bill, they could have just given the keys to the coffers away right off instead of playing musical chairs, while slipping the keys into the chubby little hands of porcine greed barons.
There’s a long answer and a short answer to that.
The short answer is that apparently there was a (private or public) objection to a unanimous consent request to set aside the pending amendment in order to call up Levin-Merkley as a standalone first-degree amendment in its place. I assume Levin or Merkley got at least one public objection on the record (from a Republican, though Democrats may also have been privately objecting) to such a request, although I didn’t witness it. [Carl Levin on the floor this evening was clearly implying that Republican objections were being prompted by demands from Wall Street lobbyists.]
The long answer is because of the way Senators have allowed the Parties to hijack floor procedure in the Senate, to divert the process into the backrooms so that Party leadership (in this case, the White House and campaign donors) can control the process and decide which amendments will see the light of day. [A process that Chris Dodd commendably resisted, with tremendous patience and good faith, for most of this bill's time on the floor, until finally overwhelmed, I assume, by Reid and the White House squeezing him on one side (see: repeated cloture motions, and Larry Summers at the Tuesday Democratic caucus pushing for final passage) at the same time that Republicans were saluting Wall Street lobbyists and starting to seriously manipulate the process on their side (see: objections to even considering good faith, worthy amendments like Levin-Merkley).] I outlined how that’s done in an earlier comment today here.
Following the example of Byron Dorgan earlier, who was having the same problem with his amendment about naked swaps (drug reimportation flashback, anyone?), Levin and Merkley took advantage of an open amendment slot (a second-degree amendment slot, where there was no amendment pending) to call up their amendment without the need for unanimous consent, which is the only way they were able to make their amendment pending before cloture was invoked (with their help, of course).
[There's an orderly process in the Senate for amending bills, following diagrams called "trees" - if the majority leader doesn't abuse his power to "fill the tree" and thus block all floor amending (an increasing habit of Harry Reid), no one needs unanimous consent to call up an amendment, unless another amendment is already pending in that slot. The Presiding Officer is required to put any pending amendment or question to a vote of the Senate as soon as debate ceases on that question, but the modern Senate uses fake quorum calls to prevent the Presiding Officer from moving the question when no debate is taking place, which, though convenient for absent Senators busy doing other things they consider more important, both empowers the Party leadership at the expense of the Senate, and thwarts the ability of the Senate to proceed as a collective legislative body the way it should - with genuine debate among Senators listening in person, followed by immediate simple-majority votes when debate ceases. Byron Dorgan was thwarted on his second-degree amendment, although he did finally get some sort of vote on it, by Chris Dodd's move to table Dorgan's amendment without debate, which Wall Street-friendly Democrats joined with Republicans to do, as they joined together to defeat the Kaufman-Brown bank-size amendment earlier, and the Whitehouse amendment about state credit card regulations, which someone required a 60-vote threshold on (it didn't even get a majority).]
If regular Senate floor amending procedure hadn’t been effectively abandoned and the Party leadership empowered at the expense of the legislative process and Senators themselves, unanimous consent to vote and to call up amendments would not be necessary, and Levin-Merkley could have proceeded, in its turn, to a vote as a standalone first-degree amendment, unless and until someone successfully moved (by simple-majority vote) to table the amendment, or actually physically filibustered it.
However, instead Senators now collectively voluntarily let the Party leadership make deals with each other in the backrooms about which amendments will get votes, and when, and allow any one Senator to block such agreements even before unanimous consent is requested on the floor. [This has an unfortunate tendency to make Senators feel grateful to the Party powerbrokers who return some of that power by granting a Senator a vote on his or her amendment, leading to quid quo pro votes in return, from such Senators, for the Party agenda, once their personal agenda is satisfied. Other Senators, left out in the cold, as Dorgan, Levin, Cantwell, Cardin, and others were this round, hope that they will be favored next time by the Party powerful (with votes, or by having their language included in the managers' amendment), and thus make no effort to reclaim their power as individual Senators, for fear of displeasing the Party powerbrokers, whose power over the fate of legislation comes from the individual Senators who voluntarily gave up their power and prerogatives as federal legislators to the Party machine in the first place.]
Otherwise Senators might actually have to attend the Senate while it’s in session and not voting, in order to participate in floor action and to get their amendment called up as soon as the pending amendment is voted on and disposed of, first come, first served. Obviously, Party leadership doesn’t want to give up the unaccountable backroom power it’s managed to accumulate on behalf of the White House and campaign donors in the shaping of legislation, and most incumbent Senators are clearly quaking moral cowards when it comes to standing up for the institution and the people in the face of hostility from Party powerbrokers.
Sorry to burden all of you with a remark I posted a while back, but it is more obvious than ever that we have elected the best paid Reublican lobyist for President that any of us have ever seen or will see in our life times. Let’s remove all Republicans who are masquerading as Democrats from office and return some sanity, civility, and honor to our country. We the People must change the system to reflect both the ideals of the Constitution and the level playing field of a true democratic republic. Anything less would be to both betray our heritage and releagate the average citizen and his heirs to a lifetime of corporate servitude. How ironic that an African American President would reduce the average American to a corporate slave. True irony.
I’m so glad that we’ve had so much recent hostility directed at FDLers who happen to think the “inside the system” game is a misdirected strategy.
If y’all can’t see this as the ultimate vindication of those who’ve been attacked for having alternate solutions in mind, well, finish the sentence for yourselves, I don’t want to make work for the Moderator.
As always, this comment will be awaiting moderator approval.
I get lots of recs when I say that I want Wilbur Mills and Fanne Fox back.
Just give me straight up honest good old boys club corruption – a caddy from the big state contractor’s brother in law, a case of single malt from pharma, a stripper – let’s just keep it clean and fun and honest.
rmm.
I think it’s somewhat meaningless to call him a republican. He’s a corporate puppet, and there are lots of those (all?) on both sides. Just call him a lying sack of shit. Works for me.
I will consider myself commodified, a doting data point, with all zero’s in his wallet, so essentially I am a failed data point.
BO is growing more beatable in 2012 with every passing day. The question is “will someone seize the opportunity?”, and if so, will that person be from the lunatic right or the progressive left. I can’t wait for the WH to trumpet this weak sauce of a bill. They will be inviting more of what they got in Mass. and on Tuesday.
I believe a lot of Americans will understand this bill for what it is. They understand too big to fail–this bill neglected to address it. They do not understand derivatives, but they do get that they are instruments of destruction in the hands of the banks that are backed by the Fed, and that this bill does not separate the casino gambling from the bank deposits. I think part of the calculus was that with umpteen amendments, the public would not be able to keep score. I’m optimistic a large share of the public on both the right and the left will ask “exactly what did Congress do about TBTF and the casino party with Fed-backed money?”, will hear a bunch of gobbledygook, and will conclude they’ve been fucked by the establishment again, with BO leading the way.
The question is “what does it mean for 2012?”
Hee hee that reply was aimed wrong, it’s true course was doremus35@26
My response to seabos84 would be “too bad W.C. Fields is enjoying a gin rickey on god’s front nine getting fly paper stuck to his shoes,” and not currently extant.
“Asshole” always does it for me. Somehow saying it just makes me feel better. But it’s hard to feel better about this lying, conniving, two-faced corporate Republican in Democrat’s cloths SOB.
Asshole.
Dear fellow pup and friend. I am quite sure we could toss a few back and enjoy the pleasure of each other’s semantic subtleties as well as company. We are on the same page, same paragraph, and surely same point of view. Cheers to all of the pups. We are all surely fighting the good fight.
Pleased to make your acquaintance! Don’t get me wrong, I wasn’t trying to correct you, it’s just the two parties are only different in the noises they make on the TV. They work together. I think there are many, many people who feel the same, even if they don’t follow politics closely. In response to bobash’s post, I think people will be convinced that congress and the resident have done their jobs when two things occur during/after a bill passes. The banks scream their heads off, and the market crashes. People know nothing has been done because they don’t see a reaction. The market is tanking, but that’s mostly the EU, banks aren’t screaming so it’s just more bullshit.
(Good to see you around, OFG!)
Your name reminded me of this, btw.
; )
http://www.youtube.com/watch?v=Y72cWf59Alo
And a good evening to you. For quite a while now I have thought what a pleasure it would be to actually meet in person the few sane pups left in this world. Perhaps some day my wish will come true and I can truly converse in person with kindred souls and minds such as you. The very best to you and yours.
A failed data point? Hardly! Perhaps more like a bright point of illumination allowing others to find their way in this political and ethical darknss. Strange days indeed. Cheers.
Better yet, think S. Lewis.
Yeah, but we gotta keep electin’ Dems, because, you know, some day some of them will stand up for the people who elected them.
Riiight.
What a freakin’ fairy tale.
Hate to admit it, but Rahm was right; progressives are “fucking retards”.
Serious question here. What, if anything, in this bill will improve my situation?
Are they still robbing me?
Are they being forced to rob me less?
Are they not allowed to rob me anymore?
All The Dude wants is his rug back
The beatings will continue until morale improves!
This is an excellent summation of the current dishrag, published yesterday by Ms Yves.
http://www.nakedcapitalism.com/2010/05/how-financial-reform-gets-done-not.html
Thanks Powwow; excellently explained.
I so do wish the U.S. public would realize “to divert the process into the backrooms so that Party leadership (in this case, the White House and campaign donors) is what is going on.
If I hear Obama say one more time about Wall Street’s well being is essential to Main Street’s well being, I’m gonna ,well, …..
Hey at least we’re gonna audit the fed (someday maybe with the proper restrictions of course).
Well, I guess I am confused – not an uncommon state of late.
Just read Merkley-Levin.
Seems that what it does with one hand it undoes with the other – I do not see how it would have improved the version of Volker rule that Dodd already has in the bill.
Merkley-Levin prohibits “proprietary trading,” which it defines very broadly, and then creates 9 categories of “permitted activities” (listed in section (d)(1) of the amendment). The categories of “permitted activities,” which function like exceptions to the definition of “proprietary trading,” are so very broad that they drain away any power the amendment brings to the table. If someone would read exceptions that are in sections (d)(1)(B), (C), and (G) and then tell me what is left, I’d appreciate it.
Meanwhile, the stripping of the separate swaps desk seems baked into the conference result already after that massive Obama push to get rid of it.
Please don’t allow the auto industry to be exempt when we go to conference. Include the Arbitration Fairness Act protections. I’m getting screwed as we speak!
Please see my video and site regarding Mossy Toyota Flood Car Bound by Arbitration:
http://www.youtube.com/watch?v=9sCUmXfy03c
http://www.mossyscrewedme.com