Tuesday, November 25, 2008

Anatomy of a Meltdown
Ben Bernanke and the financial crisis.
by John Cassidy (The New Yorker)
Some are born radical. Some are made radical. And some have radicalism thrust upon them. That is the way with Ben Bernanke, as he struggles to rescue the American financial system from collapse. Early every morning, weekends included, Bernanke arrives at the headquarters of the Federal Reserve, an austere white marble pile on Constitution Avenue in Foggy Bottom. The Fed, which is as hushed inside as a mausoleum, is a place of establishment reserve. Its echoing hallways are lined with sombre paintings. The office occupied by Bernanke, a soft-spoken fifty-four-year-old former professor, has high ceilings, several shelves of economics textbooks, and, on the desk, a black Bloomberg terminal. On a shelf in a nearby closet sits a scruffy gym bag, which in calmer days Bernanke took to the Fed gym, where he played pickup basketball with his staffers.
At Princeton, where Bernanke taught economics for many years, he was known for his retiring manner and his statistics-laden research on the Great Depression. For more than a year after he was appointed by President George W. Bush to chair the Fed, in February, 2006, he faithfully upheld the policies of his immediate predecessor, the charismatic free-market conservative Alan Greenspan, and he adhered to the central bank’s formal mandates: controlling inflation and maintaining employment. But since the market for subprime mortgages collapsed, in the summer of 2007, the growing financial crisis has forced Bernanke to intervene on Wall Street in ways never before contemplated by the Fed. He has slashed interest rates, established new lending programs, extended hundreds of billions of dollars to troubled financial firms, bought debt issued by industrial corporations such as General Electric, and even taken distressed mortgage assets onto the Fed’s books. (In March, to facilitate the takeover by J. P. Morgan of Bear Stearns, a Wall Street investment bank that was facing bankruptcy, the Fed acquired twenty-nine billion dollars’ worth of Bear Stearns’s bad mortgage assets.) These moves hardly amount to a Marxist revolution, but, in the eyes of many economists, including supporters and opponents of the measures, they represent a watershed in American economic and political history. Ben Bernanke, who seemed to have been selected as much for his predictability as for his economic expertise, is now engaged in the boldest use of the Fed’s authority since its inception, in 1913.
Bernanke, working closely with Henry (Hank) Paulson, the Treasury Secretary, a voluble former investment banker, was determined to keep the financial sector operating long enough so that it could repair itself—a policy that he and his Fed colleagues referred to as the “finger-in-the-dike” strategy. As recently as Labor Day, he believed that the strategy was working. The credit markets remained open; the economy was still expanding, if slowly; oil prices were dropping; and there were tentative signs that house prices were stabilizing. “A lot can still go wrong, but at least I can see a path that will bring us out of this entire episode relatively intact,” he told a visitor to his office in August.
By mid-September, however, the outlook was much grimmer. On Monday, September 15th, Lehman Brothers, another Wall Street investment bank that had made bad bets on subprime mortgage securities, filed for bankruptcy protection, after Bernanke, Paulson, and the bank’s senior executives failed to find a way to save it or to sell it to a healthier firm. During the next forty-eight hours, the Dow Jones Industrial Average fell nearly four hundred points; Bank of America announced its purchase of Merrill Lynch; and American International Group, the country’s biggest insurance company, began talks with the New York Fed about a possible rescue. Goldman Sachs and Morgan Stanley, the two wealthiest investment banks on Wall Street, were also in trouble. Their stock prices tumbled as rumors circulated that they were having difficulty borrowing money. “Both Goldman and Morgan were having a run on the bank,” a senior Wall Street executive told me. “People started withdrawing their balances. Counterparties started insisting that they post more collateral.”
The Fed talked with Wall Street executives about creating a “lifeline” for Goldman Sachs and Morgan Stanley, which would have given the firms greater access to central-bank funds. But Bernanke decided that even more drastic action was needed. On Wednesday, September 17th, a day after the Fed agreed to inject eighty-five billion dollars of taxpayers’ money into A.I.G., Bernanke asked Paulson to accompany him to Capitol Hill and make the case for a congressional bailout of the entire banking industry. “We can’t keep doing this,” Bernanke told Paulson. “Both because we at the Fed don’t have the necessary resources and for reasons of democratic legitimacy, it’s important that the Congress come in and take control of the situation.”
Paulson agreed. A bailout ran counter to the Bush Administration’s free-market principles and to his own belief that reckless behavior should not be rewarded, but he had worked on Wall Street for thirty-two years, most recently as the C.E.O. of Goldman Sachs, and had never seen a financial crisis of this magnitude. He had come to respect Bernanke’s judgment, and he shared his conviction that, in an emergency, pragmatism trumps ideology. The next day, the men decided, they would go see President Bush.
On October 3rd, Congress passed an amended bailout bill, giving the Secretary of the Treasury broad authority to purchase from banks up to seven hundred billion dollars in mortgage assets, but the turmoil on Wall Street continued. Between October 6th and October 10th, the Dow suffered its worst week in a hundred years, falling eighteen per cent. As the selling spread to overseas markets, the Fed’s failure to save Lehman Brothers was roundly condemned. Christine Lagarde, the French finance minister, described it as a “horrendous” error that threatened the global financial system. Richard Portes, an economist at the London Business School, wrote in the Financial Times, “The U.S. authorities’ decision to let Lehman Brothers fail will be severely criticised by financial historians—the next generation of Bernankes.” Even Alan Blinder, an old friend and former colleague of Bernanke’s in the economics department at Princeton, who served as vice-chairman of the Fed from 1994 to 1996, was critical. “Maybe there were arguments on either side before the decision,” he told me. “After the fact, it is extremely clear that everything fell apart on the day Lehman went under.”
The most serious charge against Bernanke and Paulson is that their response to the crisis has been ad hoc and contradictory: they rescued Bear Stearns but allowed Lehman Brothers to fail; for months, they dismissed the danger from the subprime crisis and then suddenly announced that it was grave enough to justify a huge bailout; they said they needed seven hundred billion dollars to buy up distressed mortgage securities and then, in October, used the money to purchase stock in banks instead. Summing up the widespread frustration with Bernanke, Dean Baker, the co-director of the Center for Economic and Policy Research, a liberal think tank in Washington, told me, “He was behind the curve at every stage of the story. He didn’t see the housing bubble until after it burst. Until as late as this summer, he downplayed all the risks involved. In terms of policy, he has not presented a clear view. On a number of occasions, he has pointed in one direction and then turned around and acted differently. I would be surprised if Obama wanted to reappoint him when his term ends”—in January, 2010.
Bernanke and Paulson’s reversals have been deeply unsettling, perhaps especially so for the millions of Americans who have lost jobs or defaulted on mortgages so far this year. And yet, for the past year and a half, the government has confronted a financial debacle of unprecedented size and complexity. “Everyone knew there were issues and potential problems,” John Mack, the chairman and chief executive of Morgan Stanley, told me. “Nobody knew the enormity of it, how global it was and how deep it was.” In responding to the crisis, Bernanke has effectively transformed the Fed into an Atlas for the financial sector, extending more than $1.5 trillion in loans to troubled banks and investment firms, and providing financial guarantees worth roughly another $1.5 trillion, making it global capitalism’s lender of first and last (and sometimes only) resort.
“Under Ben’s leadership, we have felt compelled to create a new playbook for the Fed,” Kevin Warsh, a Fed governor who has worked closely with Bernanke, told me. “The circumstances of the last year caused us to cross more lines than this institution has crossed in the previous seventy years.” Paul Krugman, the Times columnist, a former colleague of Bernanke’s at Princeton, and the winner of this year’s Nobel Prize in Economics, said, “I don’t think any other central banker in the world would have done as much by way of expanding credit, putting the Fed into unconventional assets, and so on. Now, you might say that it all hasn’t been enough. But I guess I think that’s more a reflection of the limits to the Fed’s power than of Bernanke getting it wrong. And things could have been much worse.”
Six and a half years ago, Bernanke was a little-known professor living in Montgomery Township, a hamlet near Princeton. Long hours, enormous stress, and constant criticism have left him looking pale and drawn. “Ben is a very decent and sincere person,” Richard Fisher, the president of the Dallas Fed, told me. “The question is, Is that an asset or a liability in his job? If he were six feet seven, like Paul Volcker”—a former Fed chairman—“that would be a big advantage. If he was a tough S.O.B., like Jerry Corrigan”—a former head of the New York Fed, who successfully managed a previous financial crisis, in 1987—“that would be a big advantage. But you make do with what you have—a prodigious brain, a tremendous knowledge of past financial crises, and a personality that is above reproach. And you surround yourself with good people and use their expertise.”
As Fed chairman, Bernanke inherited an unprecedented housing bubble and an unsustainable borrowing spree. The collapse of these phenomena occurred with astonishing speed and violence. The only precursor for the current financial crisis is the Great Depression, but even that isn’t a very good comparison. In the nineteen-thirties, the financial system was much less sophisticated and interconnected. In dealing with problems affecting arcane new financial products, including “collateralized debt obligations,” “credit default swaps,” and “tri-party repos,” Bernanke and his colleagues have had to become expert in market transactions of baffling intricacy.
Bernanke grew up in Dillon, South Carolina, an agricultural town just across the state line from North Carolina, where, in 1941, his paternal grandfather, Jonas Bernanke, a Jewish immigrant from Austria, founded the Jay Bee Drugstore, subsequently operated by Ben’s father and an uncle. The eldest of three siblings, Bernanke learned to read in kindergarten and skipped first grade. When he was eleven, he won the state spelling championship and went to Washington to compete in the National Spelling Bee. He made it to the second round, but stumbled on the word “edelweiss,” an Alpine flower featured in “The Sound of Music.” He hadn’t seen the movie, because Dillon didn’t have a movie theatre. Had he spelled the word correctly and won the competition, Bernanke tells friends, he would have appeared on “The Ed Sullivan Show,” which was his dream.
In high school, Bernanke taught himself calculus, submitted eleven entries to a state poetry contest, and played alto saxophone in the marching band. During his junior year, he scored 1590 out of 1600 on his S.A.T.s—the highest score in South Carolina that year—and the state awarded him a trip to Europe. In the fall of 1971, he entered Harvard, where he wrote a prize-winning senior thesis on the economic effects of U.S. energy policy. After graduating, he enrolled at M.I.T., whose Ph.D. program in economics was rated the best in the country. His doctoral thesis was a dense mathematical treatise on the causes of economic fluctuations. He accepted a job at the Stanford Graduate School of Business, where Anna Friedmann, a Wellesley senior whom Bernanke married the weekend after she graduated, had been admitted into the master’s program in Spanish.
The couple lived in Northern California for six years, until Princeton awarded Bernanke, then just thirty-one, a tenured position. Settling in Montgomery Township, they brought up two children: Joel, who is now twenty-five and applying to medical school, and Alyssa, a twenty-two-year-old student at St. John’s College. By 2001, Bernanke was the editor of the American Economic Review and the co-author, with Robert Frank, of “Principles of Economics,” a well-regarded college textbook. His scholarly interests ranged from abstruse matters such as the theoretical merits of setting a formal inflation target to historical questions, including the causes of the Great Depression. Even when Bernanke was writing about historical events, much of his scholarship was couched in impenetrable technical language. “I always thought that Ben would stay in academia,” Mark Gertler, an economist at New York University who has known Bernanke well since 1979, told me. “But two things happened.”
In 1996, Bernanke became chairman of the Princeton economics department, a job many professors regard as a dull administrative diversion from their real work. Bernanke, however, embraced the chairmanship, staying on for two three-year terms. Under his stewardship, the department launched new programs and hired leading scholars, among them Paul Krugman, whom Bernanke wooed personally. Bernanke also bridged a long-standing departmental divide between theorists and applied researchers, in part by raising enough money so that the two sides could coexist peaceably, and by engaging in diplomacy. “Ben is very good at respecting minority opinion and giving people the feeling they have been heard in the debate even if they get outvoted,” Alan Blinder said.
The other event that changed Bernanke’s career occurred in the summer of 1999, at the height of the Internet stock boom, when he and Gertler were invited to present a paper at an annual policy conference organized by the Federal Reserve Bank of Kansas City. The topic of the conference—which takes place at a resort in Jackson Hole, Wyoming—was New Challenges for Monetary Policy. Then, as now, there was vigorous debate among economists about whether central banks should raise interest rates to counter speculative bubbles. By increasing the cost of borrowing, the Fed, at least in theory, can restrain speculative activity and prevent the prices of assets such as stocks and real estate from rising excessively.
Bernanke and Gertler argued that the Fed should ignore bubbles and stick to its traditional policy of controlling inflation. If a bubble inflated and burst of its own accord, they said, the Fed could always bring down rates to alleviate damage to the broader economy. To support their case, they presented a series of computer simulations, which appeared to show that a policy of targeting inflation stabilized the economy more effectively than one that targeted bubbles. The presentation got a mixed reception. Henry Kaufman, a well-known Wall Street economist, said that it would be irresponsible for the Fed to ignore rampant speculation. Rudi Dornbusch, an M.I.T. professor (who has since died), pointed out that Bernanke and Gertler had overlooked the possibility that credit could dry up after a bubble burst, and that such a development could have serious effects on the economy. But Greenspan was more supportive. “He didn’t say anything during the session,” Gertler recalled. “But after it was over he walked by and said, as quietly as he could, ‘You know, I agree with you.’ That had us in seventh heaven.”
In December, 1996, Greenspan had warned that investors could fall victim to “irrational exuberance.” Subsequently, though, he had adopted a policy of benign neglect toward the stock market, ignoring warnings that a bubble in technology and Internet stocks had developed. The paper by Bernanke and Gertler provided theoretical support for Greenspan’s stance, and it received a good deal of publicity, something neither of its authors had previously experienced. “Ben was a bit taken aback by the public attention,” Gertler said. “The Economist attacked us viciously.”
In 2002, when the Bush Administration was looking to fill two vacant governorships at the Fed—there are seven in all—Glenn Hubbard, who is the dean of Columbia Business School and who was then the chairman of the White House Council of Economic Advisers, proposed Bernanke. “We needed a strong economist who understood the financial markets, and Ben had expertise in that area,” Hubbard recalled. “He is also an extremely nice person. In terms of getting on with people, he is very affable, and I thought that would help him, too.”
Although the Fed is an independent agency, it is subject to congressional oversight, and Presidents typically appoint people who are sympathetic to their world view. Hubbard knew little about Bernanke’s politics. “I was aware he was an economic conservative, but I didn’t know whether he was a Republican,” Hubbard said. Robert Frank, a liberally inclined economist at Cornell and Bernanke’s co-author on “Principles of Economics,” believed that Bernanke was a Democrat. When the White House announced that it was nominating Bernanke to be a Fed governor, Frank was shocked. “I asked Ben, ‘Why is Bush appointing a Democrat?’ ” Frank told me. “He said, ‘Well, I’m not a Democrat.’ ’’ In writing their book, Frank was impressed not only by Bernanke’s openness to opposing views but also by his wry humor and his lack of ego. “In most situations, he is the smartest guy in the room, but he doesn’t seem too eager to show that,” Frank said.
When Bernanke joined the Fed, it was struggling to revive the economy after the Nasdaq collapse of 2000-01 and the terrorist attacks of September 11, 2001. Between September, 2001, and June, 2003, Greenspan and his colleagues cut the federal funds rate—the key interest rate under the Fed’s control—from 3.5 per cent to one per cent, its lowest level since the nineteen-fifties. Cutting interest rates during an economic downturn is standard policy at the Fed; lower borrowing costs encourage households and businesses to spend more. But Greenspan’s rate reductions were unusual in both their scale and their longevity. The Fed didn’t reverse course until the summer of 2004, and even then it moved slowly, raising the federal funds rate in quarter-point increments.
With cheap financing readily available, a housing boom developed. Families bought homes they couldn’t have afforded at higher interest rates; speculators bought properties to flip; people with modest incomes or poor credit took out mortgages designed for marginal buyers, such as subprime loans, interest-only loans, and “Alt-A” loans. On Wall Street, a huge market evolved in subprime mortgage bonds—securities backed by payment streams from dozens or hundreds of individual subprime mortgages. Banks and other mortgage lenders relaxed their credit standards, knowing that many of the loans they issued would be bundled into mortgage securities and sold to investors.
“The Fed’s easy-money policy put a lot of the wind at the back of some of the transactions in the housing market and elsewhere that we are now suffering from,” Glenn Hubbard told me. Before leaving government, in 2003, Hubbard argued in White House meetings that the Fed needed to start raising rates. “It was particularly striking for the Fed to maintain an accommodative policy after the 2003 tax cut, which gave another boost to the economy,” Hubbard said. “That was a significant error.”
Greenspan dominated the Federal Open Market Committee (F.O.M.C.), which sets the federal funds rate, but Bernanke explained and defended the Fed’s actions to other economists and to the public. In October, 2002, a few months after joining the Fed, he gave a speech to the National Association for Business Economics, in which he said, “First, the Fed cannot reliably identify bubbles in asset prices. Second, even if it could identify bubbles, monetary policy is far too blunt a tool for effective use against them.” In other words, it is difficult to distinguish a rise in asset prices that is justified by a strong economy from one based merely on speculation, and raising rates in order to puncture a bubble can bring on a recession. Greenspan had made essentially this argument during the dot-com era and reiterated it during the real-estate boom. (As late as 2004, Greenspan said that a national housing bubble was unlikely.)
As house prices soared, many Americans took out home-equity loans to finance their spending. The personal savings rate dipped below zero, and the trade deficit, which the United States financed by borrowing heavily from abroad, expanded greatly. Some experts warned that the economy was on an unsustainable course; Bernanke disagreed. In a much discussed speech in March, 2005, he argued that the main source of imbalance in the global economy was not excess spending at home but, rather, excess saving in China and other developing countries, where consumption was artificially low. Lax American policy was helping to mop up a “global savings glut.”
“Bernanke provided the intellectual justification for the Fed’s hands-off approach to asset bubbles,” Stephen S. Roach, the chairman of Morgan Stanley Asia, who was among the economists urging the Fed to adjust its policy, told me. “He also played a key role in the development of the ‘global savings glut’ theory, which the Fed used as a very convenient excuse to say we are doing the world a big favor in maintaining demand. In retrospect, we didn’t have a global savings glut—we had an American consumption glut. In both of those cases, Bernanke was complicit in massive policy blunders on the part of the Fed.”
Another expert who dissented from the Greenspan-Bernanke line was William White, the former economics adviser at the Bank for International Settlements, a publicly funded organization based in Basel, Switzerland, which serves as a central bank for central banks. In 2003, White and a colleague, Claudio Borio, attended the annual conference in Jackson Hole, where they argued that policymakers needed to take greater account of asset prices and credit expansion in setting interest rates, and that if a bubble appeared to be developing they ought to “lean against the wind”—raise rates. The audience, which included Greenspan and Bernanke, responded coolly. “Ben Bernanke really believes that it is impossible to lean against the wind on the way up and that it is possible to clean up the mess afterwards,” White told me recently. “Both of these propositions are unproven.”
Between 2004 and 2007, White and his colleagues continued to warn about the global credit boom, but they were largely ignored in the United States. “In the field of economics, American academics have such a large reputation that they sweep all before them,” White said. “If you add to that the personal reputation of the Maestro”—Greenspan—“it was very difficult for anybody else to come in and say there are problems building.”
After years of theorizing about the economy, Bernanke revelled in the opportunity to participate in policy decisions, though he rarely challenged Greenspan. “He wouldn’t have gotten into that club if he didn’t go along,” Douglas Cliggott, the chief investment officer at Dover Investment Management, a mutual-fund firm, told me. “Mr. Greenspan ran a tight ship, and he didn’t fancy people spouting off with their own views.” In January, 2005, Bernanke gave a speech at the annual meeting of the American Economic Association, in which he reflected on his transition from teaching: “The biggest downside of my current job is that I have to wear a suit to work. Wearing uncomfortable clothes on purpose is an example of what former Princeton hockey player and Nobel Prize winner Michael Spence taught economists to call ‘signalling.’ You have to do it to show that you take your official responsibilities seriously. My proposal that Fed governors should signal their commitment to public service by wearing Hawaiian shirts and Bermuda shorts has so far gone unheeded.”
A month later, Greg Mankiw, the chairman of the Council of Economic Advisers, announced that he was returning to Harvard, and recommended Bernanke as his replacement. Al Hubbard, an Indiana businessman who headed the National Economic Council, which advises the President on economic policy, wasn’t convinced that Bernanke was the right choice. “When you meet him, he comes over as incredibly quiet,” Hubbard told me. “I wanted to make sure he was somebody who wouldn’t be reluctant to engage in the economic arguments.” After talking with Bernanke, Hubbard changed his mind. “He’s actually very self-confident, and he’s not intimidated by anybody,” Hubbard said. “You could always count on him to speak up and give his opinion from an economic perspective.”
In June, 2005, Bernanke was sworn in at the Eisenhower Executive Office Building. One of his first tasks was to deliver a monthly economics briefing to the President and the Vice-President. After he and Hubbard sat down in the Oval Office, President Bush noticed that Bernanke was wearing light-tan socks under his dark suit. “Where did you get those socks, Ben?” he asked. “They don’t match.” Bernanke didn’t falter. “I bought them at the Gap—three pairs for seven dollars,” he replied. During the briefing, which lasted about forty-five minutes, the President mentioned the socks several times.
The following month, Hubbard’s deputy, Keith Hennessey, suggested that the entire economics team wear tan socks to the briefing. Hubbard agreed to call Vice-President Cheney and ask him to wear tan socks, too. “So, a little later, we all go into the Oval Office, and we all show up in tan socks,” Hubbard recalled. “The President looks at us and sees we are all wearing tan socks, and he says in a cool voice, ‘Oh, very, very funny.’ He turns to the Vice-President and says, ‘Mr. Vice-President, what do you think of these guys in their tan socks?’ Then the Vice-President shows him that he’s wearing them, too. The President broke up.”
As chairman of the Council of Economic Advisers, Bernanke was expected to act as a public spokesman on economic matters. In August, 2005, after briefing President Bush at his ranch in Crawford, Texas, he met with the White House press corps. “Did the housing bubble come up at your meeting?” a reporter asked. “And how concerned are you about it?”
Bernanke affirmed that it had and said, “I think it is important to point out that house prices are being supported in very large part by very strong fundamentals. . . . We have lots of jobs, employment, high incomes, very low mortgage rates, growing population, and shortages of land and housing in many areas. And those supply-and-demand factors are a big reason why house prices have risen as much as they have.”
By this time, the President’s ambitious plans to partly privatize Social Security had been stymied by congressional opposition, and his plans to simplify the tax system appeared likely to meet a similar fate. Nevertheless, the White House economics team was searching for market-friendly policy proposals, and Bernanke was happy to contribute. On the flight from Crawford to Washington, D.C., he and Hennessey discussed replacing tax subsidies to employer-based health-insurance plans with a fixed tax credit or deduction that families could use to buy their own coverage. In Washington, they continued to develop the idea, which proved popular with economic conservatives, though some experts have said it would lead to a dramatic drop in employer-provided health plans. “It’s what we proposed, and it’s what John McCain proposed,” Al Hubbard said. “If we can keep health care in the private sector, it is what eventually will happen. Ben and Keith are the guys who came up with it.”
From the moment Bernanke went to work for Bush, he was seen as a likely successor to Greenspan, who was due to retire in January, 2006. Shortly after Labor Day, 2005, at Bush’s request, Al Hubbard and Liza Wright, the White House personnel director, compiled a list of eight or ten candidates for the Fed chairmanship and interviewed several of them. The selection committee eventually settled on Bernanke. “An important part of the Fed job is bringing people along with you, on the F.O.M.C. and so on,” Hubbard told me. “He had the right personality to do that. Plus, Ben is a very powerful thinker. We were impressed with his theories of the world and the way he thinks. He believes in free markets.”
Some press reports have suggested that the public controversy over the abortive nomination to the Supreme Court of Harriet Miers, the White House counsel, helped Bernanke’s chances, because it put pressure on the Administration to appoint a nonpartisan figure to the Fed. “That was never even discussed,” Hubbard insisted to me. “We didn’t take account of Harriet Miers or anything else. There was no politics involved.” On October 24, 2005, President Bush nominated Bernanke as the fourteenth chairman of the Fed, saying, “He commands deep respect in the global financial community.” After thanking the President, Bernanke said that if the Senate confirmed him his first priority would be “to maintain continuity with the policies and policy strategies established during the Greenspan years.”
F or more than a year, Bernanke kept his word. In the first half of 2006, the F.O.M.C. raised the federal funds rate in three quarter-point increments, to 5.25 per cent, and kept it there for the rest of the year. But cheap money was only part of Greenspan’s legacy. He had also championed financial deregulation, resisting calls for tighter government oversight of burgeoning financial products, such as over-the-counter derivatives, and applauded the growth of subprime mortgages. “Where once more marginal applicants would simply have been denied credit, lenders are now able to quite efficiently judge the risks posed by individual applicants and to price that risk appropriately,” Greenspan said in a 2005 speech.
Bernanke hadn’t said much about regulation before being nominated as the Fed chairman. Once in office, he generally adhered to Greenspan’s laissez-faire approach. In May, 2006, he rejected calls for direct regulation of hedge funds, saying that such a move would “stifle innovation.” The following month, in a speech on bank supervision, he expressed support for allowing banks, rather than government officials, to determine how much risk they could take on, using complicated mathematical models of their own devising—a policy that had been in place for a number of years. “The ongoing work on this framework has already led large, complex banking organizations to improve their systems for identifying, measuring, and managing their risks,” Bernanke said.
It is now evident that self-regulation failed. By extending mortgages to unqualified lenders and accumulating large inventories of subprime securities, banks and other financial institutions took on enormous risks, often without realizing it. Their mathematical models failed to alert them to potential perils. Regulators—including successive Fed chairmen—failed, too. “That was largely Greenspan, but Bernanke clearly shared an ideology of taking a hands-off approach,” Stephen Roach, of Morgan Stanley Asia, said. “In retrospect, it is unconscionable that the Fed didn’t really care about regulation, or didn’t show any interest in it.”
Bernanke was more concerned about inflation and unemployment, the Fed’s traditional areas of focus, than he was about the growth of mortgage securities. “The U.S. economy appears to be making a transition from the rapid rate of expansion experienced over the preceding years to a more sustainable, average pace of growth,” he told the Senate banking committee in February, 2007. By then, home prices in many parts of the country had begun to drop. At least two prominent economists—Nouriel Roubini, at N.Y.U., and Joseph Stiglitz, at Columbia—had warned that a nationwide housing slump could trigger a recession, but Bernanke and his colleagues thought this was unlikely. “You could think about Texas in the nineteen-eighties, when oil prices went down, or California in the nineteen-nineties, when the peace dividend hit the defense industry, but these were regional things,” one Fed policymaker told me. “A national decline in house prices hadn’t occurred since the nineteen-thirties.”
On February 28, 2007, Bernanke told the House budget committee that he didn’t consider the housing downturn “as being a broad financial concern or a major factor in assessing the state of the economy.” He maintained an upbeat tone over the next several months, during which two large subprime lenders, New Century Financial Corp. and American Home Mortgage, filed for bankruptcy, and the damage spread to Wall Street firms that had invested in subprime securities. On August 3rd, the day after American Home Mortgage announced that it was shutting down, the Dow fell almost three hundred points, and CNBC’s Jim Cramer, in a four-minute rant that is still playing on YouTube, accused the Fed of being “asleep.”
“Bernanke is being an academic,” Cramer bellowed. “He has no idea how bad it is out there! . . . My people have been in this game for twenty-five years, and they are losing their jobs, and these firms are going to go out of business, and he’s nuts! They’re nuts! They know nothing!”
Four days later, the F.O.M.C. met, but left the federal funds rate unchanged. In a statement, the committee acknowledged the housing “correction” but said that its “predominant policy concern remains the risk that inflation will fail to moderate as expected.” Looking back on this period, Bernanke told me, “I and others were mistaken early on in saying that the subprime crisis would be contained. The causal relationship between the housing problem and the broad financial system was very complex and difficult to predict.” Relative to the fourteen trillion dollars in mortgage debt outstanding in the United States, the two-trillion-dollar subprime market seemed trivial. Moreover, internal Fed estimates of the total losses likely to be suffered on subprime mortgages were roughly equivalent to a single day’s movement in the stock market, hardly enough to spark a financial conflagration.
One of the supposed advantages of securitizing mortgages was that it allowed the risk of homeowners’ defaulting on their mortgages to be transferred from banks to investors. However, as the market for mortgage securities deteriorated, many banks ended up accumulating big inventories of these assets, some of which they parked in off-balance-sheet vehicles called conduits. “We knew that banks were creating conduits,” Don Kohn, the Fed’s vice-chairman, told me. “I don’t think we could have recognized the extent to which that could come back onto the banks’ balance sheets when confidence in the underlying securities—the subprime loans—began to erode.”
On August 9, 2007, the crisis escalated significantly after BNP Paribas, a major French bank, temporarily suspended withdrawals from three of its investment funds that had holdings of subprime securities, citing a “complete evaporation of liquidity in certain market segments of the U.S. securitization market.” In other words, trading in the mortgage securities market had ceased, leaving many financial institutions short of cash and saddled with assets that they couldn’t sell at any price. Stocks fell sharply on both sides of the Atlantic, and the following day Bernanke held a conference call with members of the F.O.M.C., during which they discussed reducing the interest rate at which the Fed lends to commercial banks—the “discount rate.” Since the Fed was founded, it has had a “discount window,” from which commercial banks may borrow as needed. In recent years, however, most banks had stopped using the window, because they could raise money more cheaply from investors and other banks.
The Fed decided to keep the discount rate at 6.25 per cent but issued a statement reminding banks that the discount window was open if they needed money. Seven days later, however, after more wild swings in the markets, the Fed voted to cut the discount rate by half a point, to 5.75 per cent. It declared that it was “prepared to act as needed to mitigate the adverse effects on the economy arising from the disruptions in financial markets.”
Bernanke now realized that the subprime crisis posed a grave threat to some of the country’s biggest financial institutions and that Greenspan-era policies were insufficient to contain it. In the third week of August, he made his second visit as head of the Fed to Jackson Hole, where he invited some of his senior colleagues to join him in a brainstorming session. “What’s going on and what do we need to do?” he asked. “What tools have we got and what tools do we need?”
The participants included Don Kohn; Kevin Warsh; Brian Madigan, the head of monetary affairs at the Fed; Tim Geithner, the head of the New York Fed; and Bill Dudley, who runs the markets desk at the New York Fed. The men agreed that the financial system was facing what is known as a “liquidity crisis.” Banks, fearful of lending money to financial institutions that might turn out to be in trouble, were starting to hoard their capital. If this situation persisted, businesses and consumers might be unable to obtain the loans they needed in order to spend money and keep the economy afloat.
Bernanke and his colleagues settled on a two-part approach to the crisis. (Geithner later dubbed it “the Bernanke doctrine.”) First, to prevent the economy from stalling, the Fed would lower the federal funds rate modestly—by half a point in September and by a quarter point in October, to 4.5 per cent. This was standard Fed policy—trimming rates to head off an economic decline—but it didn’t directly address the crisis of confidence afflicting the financial system. If banks wouldn’t extend credit to one another, the Fed would have to act as a “lender of last resort”—a role it was authorized to perform under the 1913 Federal Reserve Act. However, borrowing from the Fed’s discount window, its main tool for supplying banks with cash, not only meant paying a hefty interest rate but also signalled to competitors that the lender was having difficulty raising money. Moreover, many of the banks that had bought subprime securities and needed to lend dollars weren’t in the United States.
Kohn proposed a potential solution. Before the turn of the millennium, he recalled, worries about widespread computer failures had prompted many financial institutions to hoard capital. The Fed, determined to keep money flowing in the event of a crisis, had developed several ideas, including auctioning Fed loans and setting up currency swaps with central banks abroad, to enable cash-strapped foreign banks to lend in dollars. Y2K had transpired without incident, and none of the ideas had been tested. Kohn suggested that the Fed revisit them now.
Versions of the Y2K proposals became the second part of the Bernanke doctrine—its most radical component. Over fifteen months, beginning in August, 2007, the Fed, through various novel programs known by their initials, such as T.A.F., T.S.L.F., and P.D.C.F., lent more than a trillion dollars to dozens of institutions. One program, T.A.F., allowed banks and investment firms to compete in auctions for fixed amounts of Fed funding, while T.S.L.F. enabled firms to swap bad mortgage securities for safe Treasury bonds. The programs, which have received little public attention, were supposed to be temporary, but they have been greatly expanded and remain in effect. “It’s a completely new set of liquidity tools that fit the new needs, given the turmoil in the financial markets,” Kevin Warsh, the Fed governor, said. “We have basically substituted our balance sheet for the balance sheet of financial institutions, large and small, troubled and healthy, for a time. Without these credit facilities, things would have been a lot worse. We’d have a lot more banks needing to be resolved, unwound, or rescued, and we would have run out of buyers before we ran out of sellers.”
Richard Fisher, the head of the Dallas Fed, told me that the lending programs would be Bernanke’s main legacy. He likened what the Fed has done to replacing a broken sprinkler system. “If the pipes are blocked up, the sprinkler heads don’t receive any water, and the lawn turns brown and dies,” he said. “In this case, the piping system had been broken and clogged. Just turning the faucet of the federal funds rate was insufficient to the challenges the Fed faced.”
Although many people at the Fed worked on the details of the lending programs, Bernanke provided the impetus for their development. One of his first acts on taking office was to establish a financial-stability working group, which brought together economists, finance specialists, bank supervisors, and lawyers from different departments at the Fed to devise solutions to potential problems. As the subprime crisis unfolded, Bernanke met with the task force frequently to discuss the Fed’s response, including how, in seeking to expand the scope of its activities, it could exploit obscure laws from the nineteen-thirties. “Ben is very good at making decisions—none of this waiting for the definitive academic paper before acting,” said Geithner, who last week was reported to have been selected as Treasury Secretary by President-elect Barack Obama. “We’ve done some incredibly controversial, consequential things in a remarkably short period of time, and it’s because he was willing to act quickly, with force and creativity.”
Despite the rate cuts and lending programs, months passed without discernible improvements in the credit markets. During the summer and fall of 2007, the drop in house prices accelerated and the number of subprime delinquencies increased. In October, at a meeting in Washington of central bankers, executives, and economists, Allen Sinai, the chief economist at Decision Economics, Inc., asked Bernanke how he thought a central bank should manage the economic risks posed by a housing bubble. According to Sinai, Bernanke said that he had no way of knowing if there had been a housing bubble. “I realized then that he just didn’t realize the scale of the problem,” Sinai told me.
At F.O.M.C. meetings, some members compared the subprime debacle with the financial crisis of 1998, when the Fed organized a consortium of Wall Street firms to prevent the giant hedge fund Long Term Capital Management from collapsing. The markets had gyrated for a couple of months before recovering strongly, and the broader economy had been largely unaffected. “In September, it still looked good,” Frederic Mishkin, a Columbia professor and a close friend of Bernanke, who served as a Fed governor from September, 2006, until August of this year, told me. “I thought it was going to be worse than 1998, but not much worse. I thought it was going to be over in a few months.”
By the end of 2007, however, Bernanke was beginning to agree with some of the Fed’s critics that interest rates needed to come down quickly. On January 4, 2008, the Labor Department reported that the unemployment rate had jumped from 4.7 per cent to five per cent, prompting a number of economists to say that the United States was on the brink of a recession. More banks and investment banks, including Citigroup, UBS, and Morgan Stanley, were reporting big losses—a development that particularly concerned Bernanke because of its historical overtones.
In an article Bernanke published in 1983, he showed how the Fed’s failure in the early thirties to prevent banks from collapsing contributed to the depth and severity of the Great Depression—a finding that supported a theory first proposed in 1963 by the economists Milton Friedman and Anna Schwartz. In November, 2002, shortly after joining the Fed, Bernanke appeared at a conference to mark Friedman’s ninetieth birthday, and apologized for the Fed’s Depression-era policies. “I would like to say to Milton and Anna: regarding the Great Depression, you’re right; we did it,” he said. “We’re very sorry. But, thanks to you, we won’t do it again.”
On January 21, 2008, stock markets around the world fell sharply. The U.S. markets were closed for Martin Luther King Day, but at six o’clock that evening Bernanke convened a conference call of the F.O.M.C., which voted to cut the federal funds rate by three-quarters of a point, to 3.5 per cent. It was the first rate cut to occur between meetings since September, 2001, and the largest one-day reduction in the rate.
When the committee met on January 29th, it cut the federal funds rate by another half a point, to three per cent. In a month and a half, the Fed had shifted from a policy roughly balanced between fighting inflation and maintaining economic growth to one explicitly aimed at heading off a recession. To people inside the Fed, which is accustomed to moving at a stately pace, the change felt wrenching. “To move that far that fast was unprecedented,” Frederic Mishkin, the Columbia professor and former Fed governor, said. “In our context, it’s remarkable how fast we reacted.” Some economists who worry about inflation were outraged by the rate cuts. “They’re doing the same stupid things they did in the nineteen-seventies,” Allan Meltzer, an economist at Carnegie Mellon, who has written a history of the Fed, told the Times. “They were always saying then that we’re not going to let inflation get out of hand, that we’re going to tackle it once the economy starts growing, but they never did.”
Bernanke was frustrated by the attacks on his policies, especially when they came from academics whose work he respected. If he moved slowly, people on Wall Street accused him of timidity. If he brought rates down sharply, academic economists accused him of going soft on inflation.
As the financial crisis worsened, Bernanke worked more closely with Paulson, who, after becoming Treasury Secretary, in June, 2006, had established considerable autonomy in determining the Bush Administration’s economic policy. The men appeared to have little in common. Bernanke was scholarly and reserved; Paulson, an English major who played offensive tackle for Dartmouth in the seventies, where he was known as the Hammer, was gregarious. Both, however, were political moderates who liked baseball. On his desk, Paulson, a Cubs fan, kept a copy of Bill James’s “Historical Baseball Abstract,” given to him by Bernanke, a former Red Sox fan who, since moving to the capital, had adopted the Washington Nationals.
Paulson and Bernanke met for breakfast every week and saw each other often at meetings of the President’s Working Group on Financial Markets, which was led by Paulson and included senior officials from the Securities and Exchange Commission and the Commodity Futures Trading Commission. Paulson frequently solicited Bernanke’s advice. “I’ve been impressed with his pragmatism and how intellectually curious he is,” Paulson told me in September. “He’s willing to consider all ideas—conventional and non-conventional—and he doesn’t easily accept things that the bureaucracy comes up with.”
In early March, 2008, stock in Bear Stearns, the investment bank and a major underwriter of subprime securities, fell steeply amid rumors that the firm was having trouble raising money in the overnight markets, on which, like all Wall Street firms, it depended to finance its huge trading positions. Many of the bank’s clients began to withdraw their money, and many of its creditors demanded more collateral for their loans. In accommodating these requests, Bear was forced to draw on its cash reserves. By the afternoon of Thursday, March 13th, it reportedly had just two billion dollars left, not nearly enough to meet its obligations on Friday morning.
The Bernanke doctrine hadn’t been designed to deal with such a situation. When Bernanke and Tim Geithner, the Fed’s point man on Wall Street, first learned of Bear’s predicament, they believed that the bank should be allowed to fail. For decades, the Fed had resisted lending to Wall Street firms for fear that it would encourage them to take excessive risks—a concern that economists refer to as “moral hazard.” (The discount window is confined to commercial banks.) Bear wasn’t one of Wall Street’s biggest firms, and its demise seemed unlikely to lead to other failures. In the argot of central bankers, the bank didn’t appear to present a “systemic risk.”
By late Thursday night, after officials from the New York Fed and the S.E.C. visited Bear’s offices to review its books, the assessment had changed. The company was a major participant in the “repurchase”—or “repo”—market, a little publicized but vitally important market in which banks raise cash on a short-term basis from mutual funds, hedge funds, insurance companies, and central banks. Every night, about $2.5 trillion turns over in the repo market. Most repo contracts roll over on a daily basis, and the lender can at any time return the collateral and demand its cash. This is precisely what many of Bear’s lenders were doing—a process akin to the run by depositors on the Bailey Bros. Building & Loan in “It’s a Wonderful Life.”
Bear was also a big dealer in credit-default swaps (C.D.S.s), which are basically insurance contracts on bonds. In return for a premium, the seller of a swap promises to cover the full value of a given bond in the case of a default. Bear alone reportedly had more than five thousand institutional partners with whom it had traded C.D.S.s. If the bank were to default before the markets opened on Friday, the effect on the repo and swaps markets would be chaotic.
At two o’clock that morning, Geithner called Don Kohn and told him that he wasn’t confident that the fallout from the bankruptcy of Bear Stearns could be contained. At about 4 A.M., Geithner spoke to Bernanke, who agreed that the Fed should intervene. The central bank decided to extend a twenty-eight-day loan to J. P. Morgan, Bear’s clearing bank, which would pass the money on to Bear. In agreeing to make the loan, Bernanke relied on Section 13(3) of the Federal Reserve Act of 1932, which empowered the Fed to extend credit to financial institutions other than banks in “unusual and exigent circumstances.”
News of the Fed’s loan got Bear through trading on Friday, but Bernanke and Paulson were eager to find a permanent solution before the Asian markets opened on Sunday night. After a weekend of torturous negotiations, J. P. Morgan agreed to buy Bear Stearns for a knockdown price of two dollars a share, but only after the Fed agreed to take on Bear’s twenty-nine-billion-dollar portfolio of subprime securities. “The further we got into it, the more we said, ‘Oh, my God! We really need to address this problem,’ ” a senior Fed official recalled. “The problem wasn’t the size of Bear Stearns—it wasn’t the fact that some creditors would have borne losses. The problem was—people use the term ‘too interconnected to fail.’ That’s not totally accurate, but it’s close enough.” In the repo market, for example, Bear Stearns had borrowed heavily from money-market mutual funds. “If Bear had failed,” the senior official went on, “all these money-market mutual funds, instead of getting their money back on Monday morning, would have found themselves with all kinds of illiquid collateral, including C.D.O.s”—collateralized debt obligations—“and God knows what else. It would have caused a run on that entire market. That, in turn, would have made it impossible for other investment banks to fund themselves.”
The day the Federal Reserve announced the rescue of Bear Stearns, it also cut the discount rate by another quarter point, and said that for a time it would open the discount window to twenty Wall Street firms—an unprecedented step. Fed officials felt they had little choice but to let investment banks borrow from the Fed on the same terms as commercial banks, even if it encouraged moral hazard. “We thought that even if we were successful in getting a solution that avoided a default for Bear, what was happening in the credit markets had too much momentum,” a Fed official recalled. “We weren’t going to be able to contain the damage simply by helping avoid a failure by Bear.”
There is now wide agreement that Bernanke and his colleagues made the correct decision about Bear Stearns. If they had allowed the firm to file for bankruptcy, the financial panic that developed this fall would almost certainly have begun six months earlier. Instead, the markets settled for a while. “I think we did the right thing to try to preserve financial stability,” Bernanke said. “That’s our job. Yes, it’s moral-hazard-inducing, but the right way to address this question is not to let institutions fail and have a financial meltdown. When the economy has recovered, or is on the way to recovery, that’s the time to say, ‘How can we fix the system so it doesn’t happen again?’ You want to put the fire out first and then worry about the fire code.”
Nevertheless, after Bear Stearns’s deal with J. P. Morgan was announced, Bernanke was attacked—by the media, by conservative economists, even by former Fed officials. In an editorial titled “Pushovers at the Fed,” the Wall Street Journal declared that James Dimon, the chairman and chief executive of J. P. Morgan Chase, was “rolling over” the Fed and the Treasury. In early April, Paul Volcker, who chaired the Fed from 1979 to 1987, told the Economic Club of New York, “Sweeping powers have been exercised in a manner that is neither natural nor comfortable for a central bank.” The Fed’s job is to act as “custodian of the nation’s money,” Volcker went on, not to take “many billions of uncertain assets onto its own balance sheet.”
Some of the criticisms were unfair. Bear Stearns’s stockholders lost almost everything in the deal; James Cayne, the bank’s chairman, lost almost a billion dollars. Still, even some Fed officials were uneasy about the acquisition of Bear Stearns’s mortgage securities. Bernanke was sufficiently disturbed by Volcker’s speech that he called to reassure him that the Fed’s action had been an improvised response to a crisis rather than a template for future action.
In fact, it quickly became clear that an important precedent had been set: the Bernanke doctrine now included preventing the failure of major financial institutions. Since the collapse of the mortgage-securities market on Wall Street, in the summer of 2007, mortgage securitization had been left mainly in the hands of two companies that operated under government charters to encourage home-ownership: the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac). Like the Wall Street firms, Fannie and Freddie had suffered big losses on their vast loan portfolios, and many Wall Street analysts believed that the companies were on the verge of insolvency—an alarming prospect for the U.S. government. In order to finance their purchases of mortgages and mortgage bonds, Fannie and Freddie had issued $5.2 trillion in debt, and although they were technically private companies, their debt traded as if the government had guaranteed it. If the companies defaulted, the creditworthiness of the entire government would be called into question.
On Sunday, July 13th, Paulson told reporters outside the Treasury Department that he would request from Congress authority to invest an unspecified amount of taxpayers’ money in Fannie and Freddie, which would remain shareholder-owned corporations. Fed officials said that until Congress agreed to Paulson’s request the central bank would insure that the mortgage companies had sufficient cash by lending them money through the discount window. “We could recognize the systemic risk here,” the Fed policymaker said. “Paulson had a plan to deal with that risk, and the system required that somebody be there while the plan was being implemented. We had the money to bridge to the new facility.”
The plan to prop up Freddie and Fannie was no more warmly received than the Bear Stearns rescue package had been. “When I picked up my newspaper yesterday, I thought I woke up in France,” Senator Jim Bunning, a Republican from Kentucky, said to Bernanke when he appeared before the Senate banking committee. “But no, it turned out it was socialism here in the United States of America.” Two prominent Democratic economists, Lawrence Summers, the former Treasury Secretary, and Joseph Stiglitz, pointed out that the highly paid managers of the mortgage companies had been left in place, with few restrictions on how they operated. David Walker, the former director of the Government Accountability Office, said the rescue was a bad deal for the taxpayers.
Bernanke couldn’t say so publicly, but he agreed with some of the critics. For years, the Fed had warned that Fannie and Freddie were squeezing out competitors and engaging in risky mortgage-lending practices. Bernanke would have liked to combine a rescue package with extensive reforms, but he realized that an overhaul of the companies was not politically feasible. Despite their financial problems, Fannie and Freddie still had many powerful allies in Congress, and Bernanke was determined that the plan be approved quickly, in order to restore confidence in the markets.
On August 21st, Bernanke departed for the annual Jackson Hole conference, which was to be devoted to the credit crunch. Over the course of three days, one speaker after another challenged aspects of the Fed’s response, and, implicitly, of Bernanke’s leadership. Allan Meltzer, of Carnegie Mellon, complained that the Fed had adopted an ad-hoc approach to bailing out troubled firms. Franklin Allen, a professor at the Wharton School, said that banks and investment firms could use the Fed’s lending facilities as a means of concealing the state of their finances, and Willem Buiter, of the London School of Economics, accused the Fed of doing the financial industry’s bidding, saying that the central bank had “internalized the fears, beliefs, and world views of Wall Street” and fallen victim to “cognitive regulatory capture.”
Alan Blinder, Bernanke’s friend and colleague from Princeton, defended him, arguing that the Fed had performed well in trying circumstances, and Martin Feldstein, a Harvard economist, said that it had “responded appropriately this year.” But Feldstein added that the financial crisis was getting worse as housing prices continued to drop and homeowners to default. Perhaps the most suggestive comments were made by Yutaka Yamaguchi, a former deputy governor of the Bank of Japan, who, during the nineties, helped manage Japan’s response to a ruinous speculative bust. The Bank of Japan began cutting interest rates in July, 1991, Yamaguchi recalled, but the financial system didn’t stabilize until after the Japanese government bailed out a number of banks, a project that took almost a decade. The main lesson of the Japanese experience, he said, was the need for an “early and large-scale recapitalization of the financial system,” using public money.
Throughout the discussion, Bernanke sat quietly and listened. He looked exhausted, and during one presentation he appeared to fall asleep. In his own speech, he defended the Fed’s actions and argued that in the future the agency should be given more power to supervise big financial firms and opaque markets such as the repo market, and that a legal framework should be established to allow the government to intervene when they got into trouble. The speech suggested that Bernanke had adopted a more favorable view of regulation, but he made no mention of using monetary policy to deflate speculative bubbles or of recapitalizing the banking system.
Bernanke still believed that his finger-in-the-dike strategy was working. After all, in the second quarter of the year the Gross Domestic Product had expanded at an annualized rate of almost three per cent—and the unemployment rate was under six per cent. Commodity prices, including oil prices, had started to fall, which would ease inflation pressures. In Washington, over Labor Day weekend, Bernanke and Paulson met to discuss Fannie and Freddie. In the five weeks since Congress had given the Bush Administration broad authority to invest in the companies, the firms had tried unsuccessfully to raise capital on their own. Paulson and Bernanke decided that a government takeover was now the best option. In addition to removing the threat that Fannie and Freddie would default on their debts, it would enable the government to expand their lending activities and help stabilize house prices. “We have worked together for nine months, recognizing that the real-estate market is at the heart of our economic problems,” Paulson told me later in September. “We said, ‘If you wanted to get at that, how would you do it?’ ”
On Sunday, September 7th, Paulson announced that the government would place Fannie and Freddie in a “conservatorship,” replacing their chief executives, taking an eighty-per-cent ownership stake in each of the companies, and providing them with access to as much as two hundred billion dollars in capital. The next day, the Dow closed up almost three hundred points. The billionaire Warren Buffett, whom Paulson had briefed on the move, said that it represented “exactly the right decision for the country.” Even the Wall Street Journal’s editorial page, which for months had criticized Paulson and Bernanke, grudgingly endorsed the plan.
At the Treasury Department and the Fed, there was little opportunity to celebrate. On Tuesday, September 9th, stock in Lehman Brothers dropped by forty-five per cent, following reports that it had failed to secure billions of dollars in capital from a Korean bank. Lehman approached several potential buyers, including Bank of America and Barclays, the British bank. But by the end of the week it was running out of cash. On Friday evening, Geithner and Paulson summoned a group of senior Wall Street executives to the New York Fed and told them that the government wanted an “industry” solution to Lehman’s problems. Talks continued through the weekend, but by Sunday afternoon both Bank of America and Barclays had bowed out, and word circulated that Lehman was preparing to file for bankruptcy.
Remarkably, once the potential bidders dropped out, Bernanke and Paulson never seriously considered mounting a government rescue of Lehman Brothers. Bernanke and other Fed officials say that they lacked the legal authority to save the bank. “There was no mechanism, there was no option, there was no set of rules, there was no funding to allow us to address that situation,” Bernanke said last month, at the Economic Club of New York. “The Federal Reserve’s ability to lend, which was used in the Bear Stearns case, for example, requires that adequate collateral be posted. . . . In this case, that was impossible—there simply wasn’t enough collateral to support the lending. . . . We worked very hard, over one of those famous weekends, with not only some potential acquirers of Lehman but we also called together many of the leading C.E.O.s of the private sector in New York to try to come to a solution. We didn’t find one.” Bernanke insisted to me, too, that there was nothing he could have done to prevent Lehman from going under. “With Bear Stearns, with all the others, there was a point when someone said, ‘Mr. Chairman, are we going to do this deal or not?’ With Lehman, we were never anywhere near that point. There wasn’t a decision to be made.”
However, Bernanke and Paulson were undoubtedly sensitive to the charge, made in the wake of their efforts to salvage Bear Stearns, Fannie Mae, and Freddie Mac, that they were bailing out greedy and irresponsible financiers. For months, the Treasury and the Fed had urged Lehman’s senior executives to raise more capital, which the bank had failed to do. Many analysts remain skeptical that the Fed couldn’t have rescued Lehman. “It’s really hard for me to accept that they couldn’t have come up with something,” Dean Baker, of the Center for Economic and Policy Research, said. “They’ve been doing things of dubious legal authority all year. Who would have sued them?”
At the time, a popular interpretation of Lehman Brothers’ demise was that Bernanke and Paulson had finally drawn a line in the sand. (“We’ve reestablished ‘moral hazard,’ ” a source involved in the Lehman discussions told the Wall Street Journal.) But less than forty-eight hours later the Fed agreed to extend up to eighty-five billion dollars to A.I.G., a firm that had possibly acted even more irresponsibly. One difference was that the Fed, in charging A.I.G. an interest rate of more than ten per cent and demanding up to eighty per cent of the company’s equity, had been able to impose tough terms in exchange for its support. “We felt we could say that this was a well-secured loan and that we were not putting fiscal resources at risk,” the senior Fed official told me.
More important, A.I.G. was a much bigger and more complex firm than Lehman Brothers was. In addition to providing life insurance and homeowners’ policies, it was a major insurer of mortgage bonds and other types of securities. If it had been allowed to default, every big financial firm in the country, and many others abroad, would have been adversely affected. But even the announcement of A.I.G.’s rescue wasn’t enough to calm the markets.
On Tuesday, September 16th, the Reserve Primary Fund, a New York-based money-market mutual fund that had bought more than seven hundred million dollars in short-term debt issued by Lehman Brothers, announced that it was suspending redemptions because its net asset value had fallen below a dollar a share. The subprime virus was infecting parts of the financial system that had appeared immune to it—including the most risk-averse institutions—and the news that the Reserve Primary Fund had “broken the buck” sparked an investor panic that by mid-October had become global, striking countries as far removed as Iceland, Hungary, and Brazil.
Bernanke accompanied Paulson to Capitol Hill to warn reluctant congressmen about the catastrophic consequences of failing to pass a bailout bill. (“When you listened to him describe it, you gulped,” Senator Chuck Schumer, the New York Democrat, said of Bernanke’s evocation of the crisis.) He helped enable Goldman Sachs and Morgan Stanley to convert to bank holding companies, and he coöperated with other regulators on the seizure of Washington Mutual and the sale of most of its operations to J. P. Morgan. He was in his office until 4 A.M. finalizing Citigroup’s takeover of Wachovia. (The government agreed to cap Citigroup’s potential losses on Wachovia’s huge mortgage portfolio.) The Fed also announced that it would spend up to a half-trillion dollars shoring up money-market mutual funds.
Often, it was clear that Bernanke and Paulson were improvising. On November 10th, the Fed and the Treasury Department announced that they would provide more money to A.I.G., raising the total amount of public funds committed to the company to a hundred and fifty billion dollars. (The Fed’s original eighty-five-billion-dollar loan, and a subsequent one, of $37.8 billion, had proved inadequate.) Two days later, Paulson abandoned the idea of buying up distressed mortgage securities—a proposal that he and Bernanke had vigorously defended—and last week, at a hearing of the House Financial Services Committee, congressmen excoriated him. “You seem to be flying a seven-hundred-billion-dollar plane by the seat of your pants,” Gary Ackerman, a Democrat from New York, scolded Paulson. Perhaps the most damning criticism came from the committee’s chairman, Barney Frank, the Massachusetts Democrat, who noted that although the bailout legislation had included specific provisions to address foreclosures, Americans continued to default on mortgages at a record rate.
The Congressman had a point. Paulson’s and Bernanke’s efforts to prop up the financial system have so far had little effect on the housing slump, which is the source of the trouble. Until that problem is addressed, the financial sector will remain under great stress.
Last week, the stock market plunged to its lowest level in eleven years, auto executives flew into Washington on their corporate jets to demand a bailout, and Wall Street analysts warned that the political vacuum between Administrations could create more turmoil. “We can’t get from here to February 1st if the current ‘who’s in charge?’ situation continues,” Robert Barbera, the chief economist at I.T.G., an investment firm, told the Times.
Bernanke, though, remains remarkably calm. (Jim Cramer would say oblivious.) He is unapologetic about the alterations to the bailout plan, arguing that changing circumstances demanded them, and he is relieved that the Treasury Department and Congress are now leading the government’s response to the crisis. Despite grim news on unemployment, retail sales, and corporate earnings, he is hopeful that an economic recovery will begin sometime next year. Until the middle of last week, there were signs that the credit crisis was easing: some banks were lending to each other again, the interest rates that they charge each other have come down, and no major financial institution has failed since the passage of the bailout bill. “It was a very important step,” Bernanke told me last week, referring to the bailout. “It greatly diminished the threat of a global financial meltdown. But, as Hank Paulson said publicly, ‘you don’t get much credit for averting a disaster.’ ”
On Wall Street, Bernanke’s reviews have improved, especially at firms that have received assistance from the Fed. “I think he has done a superb job, both in coming up with innovative solutions and in coördinating the policy response with the New York Fed, the Treasury Department, and the S.E.C.,” John Mack, of Morgan Stanley, told me. “I give him very high marks.” George Soros, the investor and philanthropist, whose firm has not benefitted from the Fed’s largesse, said, “Early on, being an academic, he didn’t realize the seriousness of the problem. But after the start of the year he got the message and he acted very decisively.” Still, Soros went on, citing renewed turbulence in the markets and speculation about the fate of Citigroup, whose stock price last Friday fell below four dollars, the crisis is far from over. “With Lehman, the system effectively broke down. It is now on life support from the Fed, but it’s really touch and go whether they can hold it together. The pressure is mounting even as we speak.” He added, “We may be on the verge of another collapse.”
Bernanke, in a search for inspiration and guidance, has been thinking about two Presidents: Franklin Delano Roosevelt and Abraham Lincoln. From the former he took the notion that what policymakers needed in a crisis was flexibility and resolve. After assuming office, in March, 1933, Roosevelt enacted bold measures aimed at reviving the moribund economy: a banking holiday, deposit insurance, expanded public works, a devaluation of the dollar, price controls, the imposition of production directives on many industries. Some of the measures worked; some may have delayed a rebound. But they gave the American people hope, because they were decisive actions.
Bernanke’s knowledge of Lincoln was more limited, but one morning the man who organizes the parking pool in the basement of the Fed’s headquarters had given him a copy of a statement Lincoln made in 1862, after he was criticized by Congress for military blunders during the Civil War: “If I were to try to read, much less answer, all the attacks made on me, this shop might as well be closed for any other business. I do the very best I know how—the very best I can; and I mean to keep doing so until the end. If the end brings me out all right, what is said against me won’t amount to anything. If the end brings me out wrong, ten angels swearing I was right will make no difference.”
Bernanke keeps the statement on his desk, so he can refer to it when necessary. ♦

Monday, November 24, 2008

Plastic Surgery Below the Belt
By Laura Fitzpatrick (Time)
On the youth sex-education website
Scarleteen.com, dozens of teenage girls can be found commiserating about their labia. "i REALLY h8 mine! They hang really REALLY low and r SO long!" reads one comment. Meanwhile, on MakeMeHeal.com, a consumer site that sells special bras and other gear for women recovering from plastic surgery, women of all ages submit photos of their nether regions and ask for feedback on whether they should get nipped and tucked down there. Welcome to the strange new world of female genital cosmetic surgery, where body insecurity issues are fueling a small but growing Western market for such procedures as labiaplasty, clitoral un-hooding, G-spot augmentation and hymen reconstruction, a.k.a. "revirginization."
Appalled at the popularity of so-called designer vaginas, a grass-roots organization called the New View Campaign staged its first-ever protest on Monday outside New York City's Manhattan Center for Vaginal Surgery. Two dozen women — ranging in age from teenagers to, ahem, sexagenarians — handed out index cards and held up orange poster boards with the message "No Two Alike," while two members of the group donned giant cloth vulva costumes. New View, which was created in 2000 in response to the introduction of Viagra, is trying to fight what it calls "the medicalization of sex," the idea that there is a physical right and wrong when it comes to all things sexual. Says the group's leader Leonore Tiefer, a sexologist and psychologist at New York University: "Promoting a very narrow definition of what women's genitals ought to look like — even for those women who don't want surgery, it harms them." (
See the Top 10 Medical Missteps.)
The number of women getting genital cosmetic surgery is still relatively small, with as few as 1,000 women in the U.S. going under the knife each year and 800 in the U.K. But the pace is accelerating: in the U.S., the number of women getting these procedures, which often cost upwards of $5,000 at clinics from Texas to Kansas to California, increased 20% from 2005 to 2006. In the U.K., the number of surgeries more than doubled between 2002 and 2007. And for the first time, a U.S. medical textbook on women's reproductive health to be published in 2009 will include a chapter devoted entirely to female genital plastic surgery. The media have been doing their part to get the word out too. Post-op patients regularly extol their newly improved sex lives in women's magazines. Dr. Robert Rey, star of E!'s Dr. 90210, is big on vaginoplasty, and this fall NBC's Lipstick Jungle featured an episode about G-spot enhancement (via collagen injection).
Dr. Susan Kolb, a plastic surgeon in Atlanta who has noticed a 20% increase in demand for female genital plastic surgery every year since 2004, says for many of her patients, most of whom are professionals in their 20s and 30s, the surgery is about gaining control over their sexuality. "In my experience, it is a healing procedure," she says. Because long labia can cause pain during sex or exercise, labiaplasty is sometimes covered by insurance. Data on these procedures is scarce, but Dr. Michael Goodman, a gynecologist who has a private practice in Davis, Calif., is preparing to submit to peer-reviewed medical journals a study on female genital cosmetic surgery. He says the study — the first to include more than one surgical center, with more than 250 patients in seven states and Canada — will show that in follow-ups ranging from six months to 3 1/2 years after surgery, women are overwhelmingly happy with the results. "Virtually always, it has improved their sexual relationship," he says. (
See the best inventions of 2008.)
But critics say the surgeries are more dangerous than the glossy advertising and glowing testimonials suggest. The American College of Obstetricians and Gynecologists issued a committee opinion last year warning that women may experience scarring, chronic pain, obstetric risks or reduced sexual pleasure; a similar statement was issued in July by the Royal Australian and New Zealand College of Obstetricians and Gynecologists. Which is why the New View Campaign — with the endorsement of dozens of sex educators, doctors and psychologists from around the world — is demanding new regulations that would require the Federal Trade Commission's consumer protection division to monitor the ads. At the Manhattan protest, New View members chanted "More research, less marketing." The group is also calling for a moratorium on the procedures until monitoring and guidelines are in place. (
See TIME's A-Z Health Guide.)
In addition to the physical risks, critics cite the more insidious psychological ramifications, whether women get the surgery or not. "Before" and "after" photos that juxtapose normal, healthy bodies alongside surgically streamlined ones — readily available online — promote the impression that so-called aberrations are abnormal, when in reality genitals are as diverse as faces or fingerprints. The focus on a quick fix, which is epitomized by the search for a female Viagra, is an oversimplification that puts even more pressure on women's sex lives, says New View's Tiefer.
And if research on another type of female plastic surgery is any indication, that post-op happiness may be short-lived. A 2007 study published in the Annals of Plastic Surgery found that 10 years after women get cosmetic breast implants, a disturbing trend emerges: they are nearly three times as likely to commit suicide as other women. With the even more intimate genital surgery, says Tiefer, the potential long-term consequences are troubling. "[Women] are projecting their anxiety about sexuality onto this one thing: 'If only I could get this fixed, then I would feel confident to be sexual,' " she says. "This is a complicated issue."
The growing popularity of female genital cosmetic surgery could have troubling ramifications beyond the effects for individual patients. Broadly speaking, these surgeries may meet the World Health Organization's criteria for female genital mutilation as "procedures that intentionally alter or injure female genital organs for non-medical reasons." This kind of cosmetic surgery can interfere with advocates' ability to fight forced ritual mutilation in places like Africa, where the practice is still common, says Taina Bien-Aimé, executive director of international women's rights watchdog Equality Now. Designer vaginas "are considered reasons for not throwing stones, so to speak, at other cultures," she says.
Even in the U.S., by promoting a narrow definition of what is normal, the surgeries may discourage women from grappling with a morass of cultural and personal forces shaping their body image and sexual identity. After all, one of the most common reasons women cite in seeking the surgery, some doctors say, is a negative comment from a disgruntled sexual partner. By contrast, women in steady relationships, according to a study published in the December 2008 issue of Current Sexual Health Reports, are far more likely than their single peers to feel comfortable with their natural appearance below the belt — and that comfort translates into higher scores on six separate measures of satisfaction between the sheets. In other words, says the study's co-author, social worker Laura Berman, of Chicago's Northwestern Memorial Hospital, who has a PhD in sex education, the best way to start enjoying your body could be far simpler than surgery: "You may need a new boyfriend."

Saturday, November 22, 2008

Under Coercive Conditions"
Ben Wittes

Detainees who pose a grave national security threat might be unprosecutable for a variety of reasons: because of deficiencies in the criminal law as it stood in 2001, because evidence against them would not stand up in court, because the government might not have enough evidence to convict or because it obtained key evidence under coercive conditions.
"Under coercive conditions". Excuse me, but what does that mean in English? Try: Because they got intelligence from torturing people. Coercion means force. It means they forced "information" out of them. Not coax, trick, lure, force. That means the victims had no choice. And the only way in which human beings can seriously have no choice at all is by subjecting them to such severe mental and physical pain and suffering that they have no option as human beings but to tell their torturers something.
This is the defining line of torture: not some arbitrary comic book technique, but a psychological and physical fact: pushing another human being to the point where choice becomes unavailable to him or her. You can do this in any number of ways; it can take
three seconds of electrocution or it can take two months of sleep deprivation, hypothermia and darkness. But the line it eventually crosses is the same line. Throughout human history, human beings have known what that line is, and the West was constructed on a disavowal of ever crossing it again. Why? Because a society that endorses torture commits itself not to limiting, but to extinguishing human freedom. And a protection of human freedom in its most minimal form is what our entire civilization is premised on.
Once that force is unleashed - and it is pure evil - it is almost impossible to stop it destroying your entire system of government. Maybe Europeans like me, who grew up in a land where torture was practiced by government widely in the distant past, and had that history dinned into us, understand this more acutely than those who have never known anything but a New World. But trust us Old Worlders passionate about the New: America and torture are mutually exclusive as ideas and realities. You can have one or the other. You cannot have both.
So when I read an American use the meaningless euphemism - "under coercive conditions" - as if force can be a condition that hovers in the air without anyone accountable for it, I shudder. When I read him tiptoe around what we are actually talking about, and express sympathy for those who tortured, illegally and secretly and against their oath of office, I shudder some more. Because we are numbing ourselves from moral responsibility and the only true protection we have from tyranny: the rule of law.
Even the word "torture" can be too vague and abstract a term. So let us state in plain English how Bush, Cheney, Tenet, et al. actually got information. They did it by subjecting prisoners to repeated drowning, or freezing, or heating, or sadistically long sleeplessness, or shackling or crucifying them until the pain could be borne no longer, or beating them until they pleaded for mercy, or threatening to kill or torture their children or wife or parents. Or all of the above in combination, in isolation, and with no surety of ever seeing the light of day again, with no right to meaningful due process of any kind, sometimes sealed off from light and sound for months at a time, or bombarded with indescribable noise day and night in cells from which there was no escape ever. This is what "under coercive conditions" actually means. It drove many of the victims into become mumbling, shaking, insane shells of human beings; it killed dozens; it drove others still to hunger strikes to try to kill themselves; and it terrified and scarred and "broke" the souls of many, many others. For what? Intelligence that cannot be trusted, and the loss of the sacred integrity of two centuries of American history. Did it save lives? We do not know. We do know that the people who are claiming it did have been unable to bring any serious case to justice based on their original claims, and are the people who are criminally responsible for the torture they have committed. Why would they not say it saved lives? And yet we have no other way to know. And we have the terrifying possibility that false information procured by torture provided a pretext to torture others in a self-perpetuating loop in which any ability to find out the actual truth is lost for ever. That, after all, is how some of the flawed intelligence that took us into Iraq was procured.
To paraphrase Hitch: torture poisons everything.
And people wonder why I seem so angry and concerned about this issue, about its centrality to this election, and about the unique, once-in-a-century chance to put it behind us before it infects us beyond cure. It is, in my judgment, the biggest single crisis we now face, because it does not simply affect our wealth or our safety, but because it affects who we are.
We cannot know hope until we end torture.

Tuesday, November 18, 2008

Coming to terms with the Bush Darkness!
We are fast approaching the moment when GW Bush will begin his long terrible journey into history. Will he simply fade away? Will he be seized and hustled off to a forlorn prison cell, or perhaps poisoned in the night and found dead at his home in Crawford? The United States must fess up to the horrific legacy of rendition torture and calculated abuse that was the cruel fate of hundreds of still unidentified men and some women throughout the world.
We cannot surrender to the temptation of simply saying that the reaction to 911 was regrettable and mistakes were made. Such prattle will disgrace our generation. God and history oblige us to accept responsibility and to tell the truth.
The United States has to acknowledge the radical seizure of power by Vice President Cheney and the stunning allowance of that seizure by GW Bush. To ignore the facts of Cheney’s amazing expansion of power and authority is to deny the central fuel and force of so much of what has happened.
Donald Rumsfeld has to be investigated thoroughly and with absolute candor.
The hard part is to prevent self-serving revenge and destructive partisanship. The Republicans and Democrats risk damaging much of the 21st century if they are not wise and cautious.
Argentina and South Africa went through similar experiences as has Chile and China. We have plenty of information out there about what and what not to do and in what way we can avoid disaster. None of it will be easy all of it will be hurtful and depressing. We must not allow squeamishness or irrational patriotism to prevent us from seeking the truth.
A shrewd reader of Andrew Sullivan sounds the warning:
"No one expects Obama to enter the White House and direct that prosecutions begin against his predecessors for war crimes. That's not the way our criminal justice system works. Nor is an Obama attorney general going to pick the issue up. That's jumping to conclusions and preempting proper analysis, which is the style of the Bush Administration.
What Obama needs to do is have a panel fully study and document what occurred--give it subpoena power, appoint eminently respected and nonpartisan figures to it, and issue strict orders to the intelligence community, the State Department, the Department of Defense to cooperate.
President Ford, for instance, in setting up the Rockefeller Commission to study CIA abuses, told the CIA and other intelligence agencies that they could not claim privilege against surrendering documents and information to Rockefeller. In his order he said he--the president personally--would make all those decisions, and if they wanted to claim a privilege, they would have to persuade him. (He also made pretty much clear that nothing was going to persuade him). That worked fine.
This will take several years. Let's get all the seedy, dark facts on the table and let's get some distance away from the elections, and then let's see what the public thinks about prosecutions
. "(AS111808)
We are at the moment that will define our generation; that we accept responsibility for the things that happened on our watch. We can do this and we will because in doing so we teach our children that our commitment to Life Liberty and Happiness is the core theology of America and it applies to all of us and those who come near, by choice or by chance. Coming to terms with the Bush era will be dreadful and will fill our lives with torment for years, but it will enable the next generation to be proud of us and it will set a standard of conduct for them.
David A Fairbanks

Monday, November 10, 2008

Legality of Same-Sex Marriage Ban Challenged
By Ashley Surdin Washington Post
LOS ANGELES -- The future of same-sex marriage in the Golden State will rest, once again, in the hands of its highest court. But this time, its fate will hinge on a different question: Can a state constitutional ban on same-sex marriage go before voters? Or must it go before the legislature first?
The answer, legal experts say, will determine whether gay rights advocates can overturn Proposition 8, a recently passed ballot measure that overruled a state Supreme Court judgment that legalized same-sex marriage.
Three lawsuits, ready since the initiative was green-lighted for the November ballot, have been filed with the California Supreme Court asking it to stop the state from enforcing the proposition until the court has decided on its constitutionality. The suits aim to undo the measure on grounds that, under the equal protection clause in the state's constitution, a majority of voters are not allowed to revoke equal rights intended for everybody.
Now, nearly six months after its landmark decision, the California Supreme Court is being asked again to determine the fate of the nearly 18,000 unions made since May, and the possibility of those to come.
As the legal questions were being raised, gay rights advocates made plans for continued demonstrations, including what they hope will be protests Saturday at city halls statewide. Should they succeed, it will be yet another in a series of protests since passage of the ballot initiative.
In Sacramento, more than 3,000 gay rights advocates descended on the steps of the state capitol on Sunday, some carrying "Love Not H8" signs. In Oakland, Los Angeles and Orange County, hundreds of protesters flanked Mormon temples and evangelical churches, objecting to their overwhelming support for Proposition 8.
Gov. Arnold Schwarzenegger (R), who opposed Proposition 8 and called it "a total waste of time," encouraged the fight to continue. "They should never give up," he said in an interview on CNN. "They should be on it and on it until they get it done."
Schwarzenegger has been ambivalent on the issue, previously rejecting legislation allowing same-sex marriage and stating that marriage should be between a man and a woman, but he indicated Sunday that he is hopeful that the California Supreme Court will "undo" the measure.
The court did just that May 15, in voiding a voter-approved ballot initiative -- Proposition 22 -- with identical wording to Proposition 8. But legal experts say this time the proposition would not be as easy to overturn. Unlike Proposition 22, which in 2000 created a statute that was trumped by the state constitution, Proposition 8 is part of the constitution.
In other words, whereas Proposition 22 was found to violate the equal protection clause of the state constitution, Proposition 8 is now part of the equal protection law of the constitution.
"In passing Prop 8, the people of California basically put an asterisk next to the equal protection clause in the constitution," said William Araiza, a professor at Loyola Law School in Los Angeles. Now, he said, "it fundamentally comes down to whether the court considers this a major change or not a major change."
Specifically, opponents of Proposition 8 argue that this kind of change is a "revision," not an "amendment." The distinction is important, legal experts say, because revisions require two-thirds approval in the legislature and then a popular vote. Amendments can be approved by popular vote only.
If, as opponents say, the court finds that Proposition 8 qualifies as a revision, then the proposition would be found unconstitutional because its proponents would have, in effect, skipped the required legislative step. If the court strikes down the initiative on these grounds, it is not certain the lawmakers would take up the issue again.
If the court sides with Proposition 8 proponents and allows the amendment, the recourse for gay rights activists would be to put the matter to voters again through their own initiative or take the matter to federal court -- something most activists are not ready to do, given the current composition of the Supreme Court.
Opponents of same-sex marriage have denounced the efforts to once again have the state's highest court rule on the validity of an initiative banning the practice.
Andrew Pugno, general counsel of ProtectMarriage.com, the coalition behind Proposition 8, has called the lawsuits "frivolous and regrettable."
"We're confident that they will ultimately be thrown out," he said. "An amendment rises to the level of a revision only when there's a substantial change in the structure of government, how government operates. . . . This is just a single, significant but narrow policy change. It does not change how government functions in California."
The Supreme Court has acknowledged the power of the initiative process to amend the constitution, he said.
It is not clear when the state's highest court will take up the issue, but experts say it probably will be soon, given that the legality of 18,000 same-sex marriages hangs in the balance. California Attorney General Edmund G. "Jerry" Brown Jr. said the marriages will remain valid, but legal scholars say that is uncertain.
Legal experts say it is hard to predict how the California Supreme Court will view the proposition because there is little case law to guide it. Judges coming up for reelection may balk at going against voters, and the initiative is unlike anything it has dealt with.
"We have this track record in California of holding our justices accountable to the popular will," said Vikram Amar, a law professor at the University of California at Davis. "As a predictive matter, I just don't see this challenge as likely to prevail."
David B. Cruz, a law professor at the University of Southern California in Los Angeles, disagreed. He said the proposition allows a bare majority to take away a fundamental right from a minority group entitled to the greatest judicial protection.
"It would cut the courts out of the loop and not leave them to play their role, their traditional role of protecting the minority," he said.

Saturday, November 08, 2008

What's Next
Richard Schiff
President Bartlett on The West Wing often said this. Usually at the end of an episode when a thing had been solved or resolved or lost or won and it was, whatever the case, time to move on. We sometimes had spiraling crane shots from above pulling up and away as the mere mortals of government left below continued on their silly work.
The night was pretty nice: Election night in New York City. On Eighth Avenue, from a block away, I heard a roar of a crowd the size and depth you hear in stadiums reserved for moments of historic relevance like World Cup overtime goals or World Series winning home runs or the fall of Max Schmelling from Joe Louis' fists. I reached the digital screen in Times Square to see that California had fallen blue and the fat lady was singing. Along with that lady about a million people joined in, it seemed, singing arias of celebration, crying and laughing and shouting and hugging. Victory.
When New York is celebrating, it is the best.
There is nothing like sharing victory with a million other people.
A lot of hours later I was back in front of a TV. I saw the speech again and the hugging and crying at Grant Park, Chicago; I saw dancing in the streets of Kenya; I saw kids in Indonesia; mobs in Japan; all of them joining the song. Maybe a million was a low guess--more like a billion: A billion happy, singing people.
Earlier that night, election night, I had gotten a phone call from home. My wife and son shouting out a recap of an unlikely story: My son, Gus, had been the hero of the school's football game -- he sacked the quarterback four times and was voted the game's most valuable player. My quiet son was a hero. All season long he had become their dominant force -- their secret weapon without whom they would lose. The other kids gave him a name this day: Madman, Insane Gus, because the other team couldn't stop him at all. My son was on that cloud that people talk about when they run smack into euphoria. I yelled back over the phone: THAT'S MY KID! But then quickly coached him to get ready for the next game, the next challenge -- that things change and don't expect it all to fall your way -- you've got to earn it all over again. My son is special. For him to achieve this thing -- it is special. My son has a thing that separates him from the pack; let's just say he's one of those sensitized souls; the normal ups and downs to the rest of us are clouds and canyons to him. A first day of school is a climb up Mount Everest without a tank of oxygen. To say hello to a girl deserves a Nobel Prize for courage. His victories make me weep. His falls are devastating.Yesterday I got another call. Gus had been taunted by a kid, this happens to him, and had gotten into a fight and had been suspended from the team for the semifinal game. They needed this win to play for the championship. Son and mother watched as the team, no kidding, in the final 20 seconds, lost by one point. My son feels responsible for rain. Imagine his reaction.
"The thrill of victory and the agony of defeat."
Still euphoric from the night before, I opened the newspaper to soak up the world's reaction to America's triumph. I enjoyed that. Buried on a page deep inside and below the fold was a story of sobering force. A girl, Aisha, thirteen years old had been raped by three men in Somalia . Her parents brought the girl to the authorities to report the crime. The Muslim elders ruled that the girl had committed adultery and should be stoned to death. That happened. On the same day Americans elected as their president a man whose sometimes silent middle name is Hussein, that happened. I stayed stuck reading and rereading this story. Aisha feels like that story you hear or read about the soldier who died after the war was over because word had not yet reached that battlefield. Of course the rest of the world is not as dumb as me. Nor am I really that dumb. Of course Aisha won't be the last. Of course.
It' easy to spoil a good mood: Get a cup of coffee and open the newspaper.
I studied the president-elect that election night. The words were wonderful. The emotion, controlled and siphoned, was real and very deep. He moved from phrase to phrase not lingering or settling on the note but staying ahead of the beat looking for the next melodic shift. There was a purpose to this music. Not just another pretty song.
Have you ever studied the great athletes? There is a common denominator. When Larry Bird made an unlikely three point shot or stole a pass and fed a teammate under the hoop for an easy basket, I watched him. He never lingered; never celebrated but almost before immediately he looked to the next thing, finding his man to guard as he shifted focus at the speed of light; his body quickly following. Joe Louis looking for the opening for the body blow already as the overhand right slipped through on the way to contact with the other guy's head.My son Gus refused to go to school the next day. He was ashamed and embarrassed and responsible for the end of the world. I told him to move forward; to take it on the chin and walk in, apologize to his teammates for letting them down. I told him that sooner or later you have to move forward -- might as well get it out of the way and make it sooner. He said sometimes it's better to go backwards for a while so you can get a running start. I told him he's smarter than me. He gave the phone to his mom and walked into school.
There are new missiles pointing at us from just over the Poland border. The market dropped another batch of hundreds in points. There is a sense that the test, the first test, will come sooner than later.
"Let us not judge a man for the heights that he reaches but from the depths from which he came." I think of that when I think of my son. I now think of that when I think of my country and the world. We have taken so many steps backward in such a short recent past. But as Gus says, sometimes it is better to get a running start. Perhaps those laws of physics come in handy from time to time. What goes up must come down. And what goes so far down has that kinetic possibility to break new boundaries as it bounces back up.
The president-elect: "And where we are met with cynicism and doubts and those who tell us that we can't, we will respond with that timeless creed that sums up the spirit of a people: Yes, we can."I watched the president-elect like I watch athletes. I rooted for him like I root for my son. I believed him. He didn't stop or pause or reflect. He was a man ready to move to the next thing. Already looking to all the many things that are next.
A "God Bless America," a "thank you" and this first message as president to be was done. Time to move forward. I saw Larry Bird; I saw Joe Louis; and I saw Gus.

Thursday, November 06, 2008


Full text: Barack Obama's victory speech
CHANGE HAS COME
If there is anyone out there who still doubts that America is a place where all things are possible; who still wonders if the dream of our founders is alive in our time; who still questions the power of our democracy, tonight is your answer.
It's the answer told by lines that stretched around schools and churches in numbers this nation has never seen; by people who waited three hours and four hours, many for the very first time in their lives, because they believed that this time must be different; that their voices could be that difference.
It's the answer spoken by young and old, rich and poor, Democrat and Republican, black, white, Hispanic, Asian, Native American, gay, straight, disabled and not disabled - Americans who sent a message to the world that we have never been just a collection of individuals or a collection of Red States and Blue States: we are, and always will be, the United States of America.
It's the answer that led those who have been told for so long by so many to be cynical, and fearful, and doubtful of what we can achieve to put their hands on the arc of history and bend it once more toward the hope of a better day.
It's been a long time coming, but tonight, because of what we did on this day, in this election, at this defining moment, change has come to America.
PARTNERS IN THE JOURNEY
A little bit earlier this evening I received an extraordinarily gracious call from Senator McCain. He fought long and hard in this campaign, and he's fought even longer and harder for the country he loves. He has endured sacrifices for America that most of us cannot begin to imagine. We are better off for the service rendered by this brave and selfless leader.
I congratulate him, I congratulate Governor Palin, for all they have achieved, and I look forward to working with them to renew this nation's promise in the months ahead.
I want to thank my partner in this journey, a man who campaigned from his heart and spoke for the men and women he grew up with on the streets of Scranton and rode with on that train home to Delaware, the vice-president-elect of the United States, Joe Biden.
And I would not be standing here tonight without the unyielding support of my best friend for the last 16 years, the rock of our family, the love of my life, the nation's next first lady, Michelle Obama. Sasha and Malia, I love you both more than you can imagine, and you have earned the new puppy that's coming with us to the White House.
And while she's no longer with us, I know my grandmother is watching, along with the family that made me who I am. I miss them tonight, and know that my debt to them is beyond measure. To my sister Maya, my sister Auma, all my other brothers and sisters - thank you so much for all the support you have given me. I am grateful to them.
To my campaign manager David Plouffe, the unsung hero of this campaign, who built the best political campaign in the history of the United States of America. My chief strategist David Axelrod, who has been a partner with me every step of the way, and to the best campaign team ever assembled in the history of politics - you made this happen, and I am forever grateful for what you've sacrificed to get it done.
VICTORY FOR THE PEOPLE
But above all, I will never forget who this victory truly belongs to - it belongs to you.
I was never the likeliest candidate for this office. We didn't start with much money or many endorsements. Our campaign was not hatched in the halls of Washington - it began in the backyards of Des Moines and the living rooms of Concord and the front porches of Charleston.
It was built by working men and women who dug into what little savings they had to give $5 and $10 and $20 to the cause.
It grew strength from the young people who rejected the myth of their generation's apathy; who left their homes and their families for jobs that offered little pay and less sleep; it grew strength from the not-so-young people who braved the bitter cold and scorching heat to knock on the doors of perfect strangers; from the millions of Americans who volunteered, and organised, and proved that more than two centuries later, a government of the people, by the people and for the people has not perished from the Earth.
This is your victory.
THE TASK AHEAD
I know you didn't do this just to win an election and I know you didn't do it for me. You did it because you understand the enormity of the task that lies ahead. For even as we celebrate tonight, we know the challenges that tomorrow will bring are the greatest of our lifetime - two wars, a planet in peril, the worst financial crisis in a century.
Even as we stand here tonight, we know there are brave Americans waking up in the deserts of Iraq and the mountains of Afghanistan to risk their lives for us.
There are mothers and fathers who will lie awake after their children fall asleep and wonder how they'll make the mortgage, or pay their doctor's bills, or save enough for their child's college education. There is new energy to harness and new jobs to be created; new schools to build and threats to meet and alliances to repair.
REMAKING THE NATION
The road ahead will be long. Our climb will be steep. We may not get there in one year or even in one term, but America - I have never been more hopeful than I am tonight that we will get there. I promise you - we as a people will get there.
There will be setbacks and false starts. There are many who won't agree with every decision or policy I make as president, and we know that government can't solve every problem. But I will always be honest with you about the challenges we face. I will listen to you, especially when we disagree.
And above all, I will ask you to join in the work of remaking this nation the only way it's been done in America for 221 years - block by block, brick by brick, calloused hand by calloused hand.
ONE NATION, ONE PEOPLE
What began 21 months ago in the depths of winter cannot end on this autumn night. This victory alone is not the change we seek - it is only the chance for us to make that change. And that cannot happen if we go back to the way things were. It cannot happen without you, without a new spirit of service, a new spirit of sacrifice.
So let us summon a new spirit of patriotism; of service and responsibility where each of us resolves to pitch in and work harder and look after not only ourselves, but each other. Let us remember that if this financial crisis taught us anything, it's that we cannot have a thriving Wall Street while Main Street suffers - in this country, we rise or fall as one nation; as one people.
Let us resist the temptation to fall back on the same partisanship and pettiness and immaturity that has poisoned our politics for so long. Let us remember that it was a man from this state who first carried the banner of the Republican Party to the White House - a party founded on the values of self-reliance, individual liberty, and national unity.
Those are values that we all share, and while the Democratic Party has won a great victory tonight, we do so with a measure of humility and determination to heal the divides that have held back our progress. As Lincoln said to a nation far more divided than ours: "We are not enemies, but friends… though passion may have strained it must not break our bonds of affection."
And to those Americans whose support I have yet to earn - I may not have won your vote tonight, but I hear your voices, I need your help, and I will be your president too.
AMERICA IN THE WORLD
And to all those watching tonight from beyond our shores, from parliaments and palaces to those who are huddled around radios in the forgotten corners of the world - our stories are singular, but our destiny is shared, and a new dawn of American leadership is at hand.
To those who would tear the world down - we will defeat you. To those who seek peace and security - we support you.
And to all those who have wondered if America's beacon still burns as bright - tonight we proved once more that the true strength of our nation comes not from the might of our arms or the scale of our wealth, but from the enduring power of our ideals: democracy, liberty, opportunity and unyielding hope.
For that is the true genius of America - that America can change. Our union can be perfected. And what we have already achieved gives us hope for what we can and must achieve tomorrow.
A HISTORY OF STRUGGLE
This election had many firsts and many stories that will be told for generations. But one that's on my mind tonight is about a woman who cast her ballot in Atlanta. She's a lot like the millions of others who stood in line to make their voice heard in this election except for one thing - Ann Nixon Cooper is 106 years old.
She was born just a generation past slavery; a time when there were no cars on the road or planes in the sky; when someone like her couldn't vote for two reasons - because she was a woman and because of the colour of her skin.
And tonight, I think about all that she's seen throughout her century in America - the heartache and the hope; the struggle and the progress; the times we were told that we can't, and the people who pressed on with that American creed: Yes, we can.
At a time when women's voices were silenced and their hopes dismissed, she lived to see them stand up and speak out and reach for the ballot. Yes, we can.
When there was despair in the dust bowl and depression across the land, she saw a nation conquer fear itself with a New Deal, new jobs and a new sense of common purpose. Yes, we can.
When the bombs fell on our harbour and tyranny threatened the world, she was there to witness a generation rise to greatness and a democracy was saved. Yes, we can.
She was there for the buses in Montgomery, the hoses in Birmingham, a bridge in Selma, and a preacher from Atlanta who told a people that "we shall overcome". Yes, we can.
A man touched down on the Moon, a wall came down in Berlin, a world was connected by our own science and imagination. And this year, in this election, she touched her finger to a screen, and cast her vote, because after 106 years in America, through the best of times and the darkest of hours, she knows how America can change. Yes, we can.
THIS IS OUR MOMENT
America, we have come so far. We have seen so much. But there is so much more to do. So tonight, let us ask ourselves - if our children should live to see the next century; if my daughters should be so lucky to live as long as Ann Nixon Cooper, what change will they see? What progress will we have made?
This is our chance to answer that call. This is our moment.
This is our time - to put our people back to work and open doors of opportunity for our kids; to restore prosperity and promote the cause of peace; to reclaim the American dream and reaffirm that fundamental truth - that out of many, we are one; that while we breathe, we hope, and where we are met with cynicism and doubt, and those who tell us that we can't, we will respond with that timeless creed that sums up the spirit of a people: yes, we can.
Thank you, God bless you, and may God bless the United States of America.
Story from BBC NEWS:

Monday, November 03, 2008

Barack Obama For President
Andrew Sullivan
On a spectacular September morning more than seven years ago, our world changed. I remain one of those who believe that that day remains indelible, and its lesson unforgettable. The civilized democratic world came under attack from a small but lethal band of religious fanatics bent on destroying free societies, and, more terrifyingly, eager to get their hands on weapons of mass destruction that could make 9/11 look like a dry run.
We are still under attack.
This confluence of fundamentalism and lethal technology is the greatest danger of our time. And in the last seven years, the threat has not abated. Al Qaeda remains at large, and the very top leadership that planned and executed 9/11 is alive. They have reconstituted a base of sorts in Pakistan. They have scored several major propaganda victories - from Abu Ghraib to Guantanamo Bay to trapping most of the US military in an unending counter-insurgency in one country where al Qaeda was weak before 2002, Iraq. Islamist factions in Pakistan's government are horrifyingly close to nuclear technology. Iran has gained in power and influence in the Middle East and its ability to launch and use nuclear weapons is much greater than it was on 9/11. At its best, the Iraq war will lead to a fractured petro-state, closely allied with Iran, beset by constant infighting and terrorism. At its worst, Iraq will keep over 100,000 young Americans trapped there for the rest of our lives. The war in Afghanistan against the Taliban is at a seven year nadir.
Now the really bad news: the view of co-presidents Bush and Cheney is that this is a war that can and should be controlled by only one branch of government and a war in which the job of the citizenry is to shop. It is a global war where force of arms remains too often a first resort and in which talking to our enemies is regarded as "the white flag of surrender," instead of another tool at our disposal. It is a war
where the American government has alienated - in some cases deeply - democratic allies whose police work and intelligence we desperately need. I do not doubt that military force is part of the mix to defeat this threat. (Like everyone else, I'm heartened that general Petraeus has introduced some minimal intelligence into the occupation of Iraq, although I fear it has merely made our presence more protracted and our withdrawal more difficult.) But the crudeness with which military force has been deployed, the absence of strategy or even due diligence in the execution of the long war, and the massive public relations blunders which have led the United States to lose a propaganda war against a bunch of murderous, medieval loons are unforgivable.
These mistakes were compounded - and in large part created - by what I believe will one day be seen as the core event of the last eight years: the collapse of constitutional order and the rule of law fomented in a mixture of hubris and laziness by the president himself. It is now indisputable that the president and vice-president of the United States engineered a de facto coup against the constitution after 9/11, declaring themselves above any law, any treaty, and any basic moral norm in their misguided mission to rid the world of evil. This blog has watched this process with increasing dismay - and watched several attempts to bring the US back to sanity foiled by a relentless and unhinged vice-president's office.
Cheney and Bush, unlike any presidency in American history, have dangerously pushed constitutional government to the brink of collapse. They did not merely assert a unified executive in which actions and regulations reserved to the executive branch were kept free from Congressional and judicial tampering. That is a perfectly defensible position, especially in wartime. They did not merely act in the immediate
wake of an emergency to protect American citizens swiftly - again a perfectly legitimate use of executive power, unhampered by Congress or courts. They declared such power to be unlimited; they asserted also that it was as permanent as the emergency they declared; they claimed their dictatorial powers were inherent in the presidency itself, and above any legal constraints; they ordered their own lawyers to provide retroactive and laughable legal immunity for their crimes; they by-passed all the usual and necessary checks within the executive branch to ensure prudence and legality and self-doubt in the conduct of a war; they asserted that emergency war powers applied to the territory of the United States itself; they claimed the right to seize anyone - anyone, citizen or not - they deemed an "enemy combatant," to hold them indefinitely with no due process and to torture them until they became incoherent, broken, brutalized shells of human beings, if they survived at all. They did this to the guilty and they did this to the innocent. But they also had no way of reliably knowing which was which and who was who. Never before in wartime has the precious, sacred inheritance of free people been treated with such contempt by the leaders of the democratic West.
They seized countless individuals with no trials and no hearings. They tortured dozens to death. They subjected many more to some of the worst psychological torture techniques devised by Communist totalitarians and the worst physical suffering devised by the Gestapo. They crossed lines no American president had ever crossed before. They withdrew the US from the Geneva Conventions - and did so
secretly. They tapped American's phones without warrants, and forced many of their randomly grabbed prisoners into the black hole of insanity. They set up secret sites in former Soviet gulags to torture their victims. They single-handedly devastated America's reputation for human rights and the rule of law in the minds of the vast majority of people in other Western democracies, let alone the developing world, let alone the millions of Muslims across the Middle East who now suspect that America is not really better than their own thugocracies, that America also tortures when it wants to, that the shining city on a hill is actually a place where men above the law can do anything they want to other human beings in their custody.
No economic mismanagement can compare with this attack on the basic institutions of our democracy and the constitution. No incompetence in conducting an occupation can be deemed comparable with this level of criminality and indecency. No reaction to a natural disaster, however hapless and negligent, is as grave as this crime. No financial crisis eclipses it in gravity. The president's oath is to protect the constitution from enemies foreign and domestic. Instead, the president himself became an enemy to the constitution he swore to uphold.
This is the depth of the predicament the United States is in. The Islamist threat remains; but the Constitution is in deep disrepair, the military stretched to breaking point, the national debt doubled, and America's reputation in terrible shape. More important, the president and vice-president deeply damaged the reliability and integrity of America's intelligence services, creating a self-perpetuating loop of phony intelligence procured by torture which then justified more torture which led to worse intelligence. It will be decades before we learn the full extent of the damage Bush and Cheney have done to the country's
ability to find out what the enemy is really up to, how much risk these sadists and goons have subjected us to, how much damage to this country they may have facilitated by filling intelligence with the garbage always created by torture. We do know that their policy has led to just one successful prosecution - and that many guilty figures will escape justice because torture has tainted the legal process beyond repair.
My great fear since 2004 is that this could have gotten even worse. Another attack and the abuse of power could have become much worse. A Romney or a Giuliani, empowered by religious fanaticism and a worship of state power, could have taken us down a path much darker than even the Cheney-Addington-Yoo cul-de-sac. Ron Paul emerged as the one Republican prepared to defend the rule of law, the Constitution and habeas corpus in the primaries. But, in the end, McCain emerged by default, a torture victim himself, and a critic of some aspects of the conduct of the war. But we saw in 2006 that, when push came to shove, even McCain acquiesced to the legalization of America's use of the very same torture techniques once used against him. And in this campaign, we have seen how no Republican candidate can escape the logic of bigotry, fanaticism and xenophobia that now grips and motivates the Republican party base. We have also learned, much more importantly, that McCain would appoint Justices to the Supreme Court who would acquiesce to and constitutionally entrench the dictatorial presidency that Bush-Cheney believe in as loyally as Roberts, Alito, Thomas and Scalia. That means we are one vote away from the court ever restraining this unchecked executive. It doesn't matter who that executive is and what party he or she belongs to. What matters is that the controls upon it - controls critical to the endurance of constitutional balance and
individual freedom in America - have been frayed to the breaking point. There is no greater cause right now than repairing that.
If I were to give one reason why I believe electing Barack Obama is essential tomorrow, it would be an end to this dark, lawless period in American constitutional government. The domestic cultural and political reasons for an Obama presidency remain as strong as they were when I wrote "
Goodbye To All That" over a year ago. His ability to get us past the culture war has been proven in this campaign, in the generation now coming of age that will elect him if they turn out, in Obama's staggering ability not to take the bait. His fiscal policies are too liberal for me - I don't believe in raising taxes, I believe in cutting entitlements for the middle classes as the way to fiscal balance. I don't believe in "progressive taxation", I support a flat tax. I don't want to give unions any more power. I'm sure there will be moments when a Democratic Congress will make me wince. But I also understand that money has to come from somewhere, and it will not come in any meaningful measure from freezing pork or the other transparent gimmicks advertized in advance by McCain. McCain is not serious on spending. But he is deadly serious in not touching taxes. So, on the core question of debt, on bringing America back to fiscal reason, Obama is still better than McCain. If I have to take an ideological hit to head toward fiscal solvency, I'll put country before ideology.
But none of this compares to the task of restoring the rule of law and Constitutional balance. Unlike McCain, Obama has never wavered on torture or habeas corpus or on keeping the executive branch under the law. His deep understanding and awareness of the Constitution eclipses McCain's. Coming from the opposing party, he will also be able to restore confidence that what lies within America's secret government - the one constructed by Bush and Cheney beyond any accountability, law or morality - will be ended or cleaned up. He can restore critically needed trust again - and force the Democratic party to take responsibility for a war which we all need to own, and take responsibility for, again.
We cannot win this war without regaining our democratic soul, ending torture, and returning to lawful governance. But these things won't win the war either. On that, we have a perilous task ahead. I don't know how Obama will be able to get out of Iraq in his first term. I fear that Bush and Cheney have made withdrawal deliberately difficult if not impossible. I fear the same in Afghanistan. I don't know how Obama will handle Iran, given the power that Bush and Cheney have ceded to the Islamist regime there, and the danger of a pre-emptive strike before Obama even gets inaugurated. But I do know that he will handle these wars with reason, with prudence and with care. Those are three qualities absent from the White House for eight years. And I do know that Obama's very person, and what he symbolizes, will do
more to restore America's image and repair our global public relations than any single measure any new administration will be able to accomplish.
The truth is: we are in a war for the future of human civilization. We are fighting for a world in which destructive technology need not collide with fierce religious fundamentalism to annihilate us all; for a world in which dialogue across cultures and religions and regions (even within America) is essential if we are to survive. We need to win the argument in the developing world; we need to reach out and persuade the Muslim middle - especially the next generation in Iran and Iraq and Pakistan and Saudi Arabia and Turkey and Western Europe - about the virtues of democracy and constitutionalism. We cannot do that if we trash our own values ourselves. It is self-defeating. We cannot be a beacon to the world until we have reformed ourselves. In this war, we are also fighting for an America that does not lose its soul in fighting our enemy. Just because we are fighting evil does not mean we cannot ourselves succumb to it. That is what my Christian faith teaches me - that no nation has a monopoly on virtue, and that every generation has to earn its own integrity. I fear and believe we have given away far too much - and that, while this loss is permanent, it can nonetheless be mitigated by a new start, a new direction, a new statement that the America the world once knew and loved is back.
It will not be easy. The world will soon remember why it resents America as well as loves it. But until this unlikely fellow with the funny ears and strange name and exotic biography emerged on the scene, I had begun to wonder if it was possible at all. I had almost given up hope, and he helped restore it. That is what is stirring out there; and although you are welcome to mock me for it, I remain unashamed. As someone once said, in the unlikely story of America, there is never anything false about hope. Obama, moreover, seems to bring out the best in people, and the calmest, and the sanest. He seems to me to have a blend of Midwestern good sense, an intuitive understanding of the developing world that is as much our future now as theirs', an analyst's mind and a poet's tongue. He is human. He is flawed. He will make mistakes. His passivity and ambiguity are sometimes weaknesses as well as strengths.
But there is something about his rise that is also supremely American, a reminder of why so many of us love this country so passionately and are filled with such grief at what has been done to it and in its name. I endorse Barack Obama because I will not give up on America, because I believe in America, and in her constitution and decency and character and strength.
And the world needs that America now as much as it ever has. Can we start that healing, that rebirth, tomorrow?

Sunday, November 02, 2008

From The Sunday Times
Obama: I am the chosen one
Andrew Sullivan
Nobody knows what will happen on Tuesday, but there is a clear chance that one of the unlikeliest events in American political history could take place. A miscegenated black man could become president of the United States. And if the polls are accurate, the state of Virginia will be critical in any Democratic victory.
This state has not voted for a Democrat since 1964 but now gives Barack Obama a lead of about six points. That is remarkable from the perspective of the past few decades – but much more staggering when you take a longer view.
Virginia contains Richmond, once the capital of the Confederate slave states. As recently as 1961, when Obama was born, Virginia would have ruled his parents’ marriage illegal, because it was inter-racial. In fact, it was not until Obama was six that Obama’s parents’ marriage would have been made legal in that state, and Obama ceased being illegitimate. And that happened only because the US Supreme Court forced it. That is how far Virginia and America have come in Obama’s lifetime – and ours.
It would be easy to rhapsodise too sentimentally about this – but just as easy to understate its momentousness. I do not believe Americans or anyone else in the world will fully absorb it until it happens.
America, after all, was founded on one principle, freedom, but permeated by another, slavery. Slavery was America’s original sin and Obama is the fruit of its slow and painful self-absolution. The civil war over the question was immensely bloody – far bloodier per capita than any other war in American history.
The victory of the north led to intense resistance in the defeated south for a century of segregation and cruelty – and still divides the country to this day.
In fact if you place a map of the states that favoured the proslavery south over a map of the states that are now showing a trend for John McCain, you will get an almost perfect match. The only differences: Virginia has switched sides, and West Virginia has too. (It is now for McCain.) Florida, once part of the Confederacy, is also now prone to vote Democrat because of a massive influx from the north.
The rest is essentially unchanged since the 1860s. Even in America, the past controls the present.
Obama – for extra historic piquancy – is from Illinois and began his campaign in Springfield, where Abraham Lincoln started his. Like Lincoln, Obama is trained in the law, came from a humble background, and is aiming for the presidency with almost no executive experience.
People forget how inexperienced Lincoln was when he took office after one of the worst presidencies in American history – James Buchanan’s. Lincoln had held no legislative or executive office and had been a congressman for only two years previously. He became a national star primarily because of his oratory. Sound familiar?
Lincoln’s task is Obama’s: to unite a deeply fractured country. Lincoln’s challenges were far greater, but if Obama wins on Tuesday he will still face an immense set of challenges.
The United States is in two gruelling wars thousands of miles away, neither of which appears to be approaching anything that could be called “victory”.
In a mere eight years President George W Bush has doubled the national debt he inherited and turned a federal surplus into a half-a-trillion deficit.
Bush’s Republicans have also added a cool $32 trillion to future government liabilities and kept taxes unsustainably low unless entitlements are slashed in a manner no politician would contemplate. America’s real economy is in a recession and its financial stability is in doubt. Economic inequality has soared and cultural polarisation has intensified. The crisis America finds itself in is reminiscent of 1980, and perhaps 1932. Whoever inherits Bush’s awful legacy will have his work cut out.
A President Obama would start with the task that bedevilled his two predecessors. America remains deeply riven and the past president exacerbated those divides to keep himself in power.
You can see the fruits of that policy everywhere in the McCain campaign. The hardest core of McCain’s supporters seem not just to oppose Obama but to regard him as inherently illegitimate. They see him as at best a socialist and at worst a traitor. A clear minority refuses to believe he is a Christian and many believe he is not merely Muslim but allied with Islamist terror.
McCain and Sarah Palin, desperate to find an argument to wrest themselves out of their polling deficit, have deliberately and clearly legitimised this line of attack. Palin has said that Obama has been “palling around with terrorists”. A McCain spokesman last week said on cable televi-sion that Obama was a friend of antisemites. The now-famous “Joe the Plumber” has said that an Obama presidency would mean “death to Israel”. The paranoid strain in American politics, long present, has made Obama’s task of uniting the country if he is elected that much harder.
Indeed, there are many signs that if Obama wins, the strategy of the Republican right will be to treat him as potentially treasonous until proven otherwise. Any outreach Obama might make to, say, elements in the Iranian regime will not be interpreted as hardheaded diplomacy, but as proof that Obama is in covert league with America’s enemies. Any withdrawal from Iraq could lead to a “stab-in-the-back” narrative that blames treacherous leftist elites for waving “the white flag of surrender” and betraying good American soldiers.
Many on the far right have advanced themes that suggest that the election is being stolen by Democrats and their allies by fraudulently registering black and Hispanic voters. McCain himself asserted in the final debate that what might be at stake is the biggest voter fraud in the history of American politics – an absurd hyperbole, but one deployed aggressively nonetheless. These are dangerous waters to swim in, but, sadly, the fringes of the far right have come close to defining the Republican party.
If Obama wins big, moreover, he could face bigger challenges than if he wins by a conventional margin. The devastated congressional right will be reduced to those in the safest seats with the most ideological bent. Just like the Tories after 1997, the Republicans could marinate in their own denial before they wake up and move painfully back to the centre.
Already, some are positioning Palin to be the standard-bearer for the next wave of Republicanism – a potent combination of populist antielitism and religious zeal. If you consider how the right responded to Bill Clinton’s election in 1992, and then add race to the mix, the prospect for calm ahead is slight.
Equally, too big a Democratic majority in the House and Senate could make Obama vulnerable to left-liberal hubris and conservative Democrat revolt. Few economists recommend fiscal austerity in the current downturn, but there is a risk of empowered Democratic power brokers on Capitol Hill overcompensating and initiating a binge of favoured spending projects in their own constituencies.
Any spending increase by Obama will be reliably greeted by a chorus of “socialism!” from the opposition (an opposition that said almost nothing while Bush increased federal spending by a bigger margin than any president since FDR) and any tax increases in a recession will prompt overwhelming caterwauling as a further drag on the economy.
My bet is that his tax rises will be more modest than advertised. By the time Clin-ton became president, remember, the recession of the early 1990s was almost over. When Obama becomes president, it will just be beginning.
On climate change, the task will be made much harder by that depression – as Obama’s cap-and-trade scheme would indisputably hurt business. On immigration, Obama would easily be able to pass a bill favoured by Bush, but also face a nasty backlash from the right and maybe even in his own party.
Obama may even be leery of his signature healthcare reform, remembering what happened to the Clintons in 1993. And the price of a big majority will be a lot of Democrats in marginal seats in normally Republican states who may well bolt if Obama gets too liberal.
Managing all of this will not be easy. And Obama will also have to deal with Democrat-run congressional committees finally getting a thorough look at what the Bush administration has been up to in the past eight years.
Among the issues that will be impossible to avoid will be evidence of war crimes and torture authorised by the outgoing president and his closest aides. Prosecu-tion? A truth and reconciliation commission on the South African or Chilean mod-els? All we can say with certainty is that these are difficult questions in which maintaining the political centre will be extremely hard.
Equally, if Obama is too cautious and too careful not to divide the country, he could end up squandering his own mandate. He has potential enemies to the left of him as well as the right. If he is elected, he will cap a generation of rising anger and frustration on the Democratic left. From their point of view, the Clintons were semi-Republicans in the 1990s, the 2000 election was stolen and the 2004 election was an artefact of warmongering and religious pandering. They do not just want to win. They want to get even. They have a head of steam that could scald Obama as powerfully in office as it has helped propel him to the verge of the presidency.
There is also an enormous liability for Obama in the great hopes he has inspired. The reason for the wave of optimism behind him – just look at the massive crowds across the country this past year – is almost entirely due to the profound national demoralisation of the recent past. Iraq and Afghanistan, Katrina and the financial meltdown, torture and religious extremism: all these have led many Americans to the brink of despair about their own country. A historically unprecedented number of Americans believe their country is on the wrong track and view Obama as the vehicle to repair it.
Among the most enthusiastic Obama supporters, there are tinges of hero worship and aspirations beyond anything any human being can deliver. And the hostility born of dashed expectations is always the worst. People expecting a messiah will at some point be forced to realise they have merely elected a president.
No president will be able to wave the wars in Iraq and Afghanistan away with some kind of magic wand – there are few good options in either conflict, and many potential perils. No president will be able to end a recession with deep roots or alter market confidence in a single speech.
No president can change the Earth’s climate in four or eight years. And when Obama’s limitations emerge, as they will, there is a danger that the powerful expectations of his young base may turn to tears. This is always the risk with political “movements”. They conjure up utopias that can simply never happen.
Between the roiling and increasingly bitter rapids on the right and the left, can Obama maintain a steady course? We cannot know, of course. But the evidence of the past year is encouraging. What has been truly amazing is the preternatural calm and moderation Obama has shown throughout this volatile and emotional campaign. He has managed to get to the brink of the White House by beating some of the most formidable political machines in America – the Clintons and the Roves – without intensifying the conflict or polarising the country himself.
He seems able to absorb these currents without further disturbing them. Of course, this is much harder in office than in opposition. In office, you have to make decisions that delineate winners and losers rather than make speeches onto which everyone can project their interests. But Obama seems unafraid of his enemies, undeterred by his rivals, and able somehow to stay healthy and cheerful.
His temperamental edge is complemented by his organisational and managerial skills. The most seasoned political observers have been struck by the meticulous professionalism of his campaign; and there has never been a fundraising machine as innovative or as successful as his in the history of American politics.
Moreover, he has put himself out there in the most Republican of Republican states. He looks competitive not only in usually Republican Virginia, but also Ohio, Colorado, Montana, New Mexico, Indiana and even Georgia. In one of the more surre-al moments of last week, it looked as if the Obama campaign was considering a serious last-minute effort in Arizona, McCain’s home state.
My own view is that Obama is a midwest-ern centrist in his gut. He is much more like the Clintons substantively than either he or the Clintons would care to admit. The right’s biggest mistake in this campaign has been to believe that Obama is a closet radical and that if they could expose that, they would win. Although Obama is a product of his generation and of academia, his proximity to the intellectual left does not seem to have affected his policies.
His healthcare plan is less leftist than the Republican Mitt Romney’s in Massachu-setts. His proposals cut taxes for 90% of Americans. His climate change proposals are tediously conventional (too conventional to my mind). His instincts on foreign policy are more George H W Bush than George W Bush, which is to say he’s a pragmatic empiricist. If I were to bet on one appointment that Obama will make to his cabinet, it would be keeping Robert Gates, the defence secretary, at the Pentagon.
He is a strange liberal who seems to get along famously with conservatives. And he has now run up quite a roster of conservative endorsements, from Colin Powell to Francis Fukuyama. This is partly why a historical perspective on Obama does indeed return to the figure of Lincoln and the trau-ma of the 1860s.
In the middle of an unbridgeable divide, Lincoln kept calm. He inherited a much more divided country, of course. Lincoln did not even campaign in most of the southern states – he was not even on the ballot in most of them. By the time he was elected, many of them had already seceded. But Lincoln’s dedication to the cause of abolishing slavery was matched by a moderate demeanour and an extreme aversion to political polarisation.
Lincoln famously staffed his cabinet with what the historian Doris Kearns Good-win has called a “team of rivals”. Think of the way in which Obama handled the Clintons. He gave them just enough rope to hang themselves but managed to avoid a real breach. Last week Obama was jointly campaigning with Bill and comparing his economic proposals to Clinton’s in 1992.
That is a unifying skill Lincoln had and Obama will need. Obama’s capacity to pacify his enemies and organise his friends is his most telling characteristic. It should not be mistaken for softness. There is steel behind the velvet. But the velvet is really smooth and comfy.
Obama will also have something Lincoln never had. He will be in his DNA the visible incarnation of a wound that dates to America’s beginnings. If he is elected president, there will be a healing of some sort deep in the country’s psyche. That act will be a catalyst for unknowable change in America and in America’s role in the world. We can and should focus on his challenges, on the divisions still festering in America, on economic crisis and military quagmires. But what Obama appeals to is what Reagan appealed to: an American optimism that problems can be solved and divisions can be overcome.
In the coming week, if he is elected, we would be wise to resist euphoria or sentiment. But we would be wilfully blind not to sense the gravity and potential of the moment as well. We could have the first black president, with a congressional majority of a size not seen since Lyndon Johnson. We could see a landslide among the young. We could see an unprecedented African-American turnout – a moment when black Americans actively take ownership for the first time of the society in which they have always been such an integral part.
We simply do not know what new realities this moment could unleash. What we do know is that this is history – epic, deep, momentous history.
Let us keep our heads. But let us not numb our hearts. Somewhere in a Burkean idyll, countless Americans who lived before us, the souls of so many black folk and white folk across the centuries, are watching. What would Washington have said? How could Lincoln believe it? How amazed would Martin Luther King be?
We are indeed on the verge of something that seems even more incredible the closer it gets, something more than a mere election. This is America, after all. It is a place that has seen great cruelty and hardship in its time. But it is also a place that yearns to believe naively in mornings rather than evenings, that cherishes dawns over dusks, that is not embarrassed by its own sense of destiny. In this unlikely mixed-race figure of Barack Obama, we will for a brief moment perhaps see a nation reimagined and a world of possibilities open up. For a brief moment at least.
As they have learnt to say in some of the most blighted parts of the world at some of the most desperate times: know hope.

Saturday, November 01, 2008

It's time; From The Economist
America should take a chance and make Barack Obama the next leader of the free world
IT IS impossible to forecast how important any presidency will be. Back in 2000 America stood tall as the undisputed superpower, at peace with a generally admiring world. The main argument was over what to do with the federal government’s huge budget surplus. Nobody foresaw the seismic events of the next eight years. When Americans go to the polls next week the mood will be very different. The United States is unhappy, divided and foundering both at home and abroad. Its self-belief and values are under attack.
For all the shortcomings of the campaign, both John McCain and Barack Obama offer hope of national redemption. Now America has to choose between them. The Economist does not have a vote, but if it did, it would cast it for Mr Obama. We do so wholeheartedly: the Democratic candidate has clearly shown that he offers the better chance of restoring America’s self-confidence. But we acknowledge it is a gamble. Given Mr Obama’s inexperience, the lack of clarity about some of his beliefs and the prospect of a stridently Democratic Congress, voting for him is a risk. Yet it is one America should take, given the steep road ahead.
Thinking about 2009 and 2017
The immediate focus, which has dominated the campaign, looks daunting enough: repairing America’s economy and its international reputation. The financial crisis is far from finished. The United States is at the start of a painful recession. Some form of further fiscal stimulus is needed (see article), though estimates of the budget deficit next year already spiral above $1 trillion. Some 50m Americans have negligible health-care cover. Abroad, even though troops are dying in two countries, the cack-handed way in which George Bush has prosecuted his war on terror has left America less feared by its enemies and less admired by its friends than it once was.
Yet there are also longer-term challenges, worth stressing if only because they have been so ignored on the campaign. Jump forward to 2017, when the next president will hope to relinquish office. A combination of demography and the rising costs of America’s huge entitlement programmes—Social Security, Medicare and Medicaid—will be starting to bankrupt the country (see
article). Abroad a greater task is already evident: welding the new emerging powers to the West. That is not just a matter of handling the rise of India and China, drawing them into global efforts, such as curbs on climate change; it means reselling economic and political freedom to a world that too quickly associates American capitalism with Lehman Brothers and American justice with Guantánamo Bay. This will take patience, fortitude, salesmanship and strategy.
At the beginning of this election year, there were strong arguments against putting another Republican in the White House. A spell in opposition seemed apt punishment for the incompetence, cronyism and extremism of the Bush presidency. Conservative America also needs to recover its vim. Somehow Ronald Reagan’s party of western individualism and limited government has ended up not just increasing the size of the state but turning it into a tool of southern-fried moralism.
The selection of Mr McCain as the Republicans’ candidate was a powerful reason to reconsider. Mr McCain has his faults: he is an instinctive politician, quick to judge and with a sharp temper. And his age has long been a concern (how many global companies in distress would bring in a new 72-year-old boss?). Yet he has bravely taken unpopular positions—for free trade, immigration reform, the surge in Iraq, tackling climate change and campaign-finance reform. A western Republican in the Reagan mould, he has a long record of working with both Democrats and America’s allies.
If only the real John McCain had been running
That, however, was Senator McCain; the Candidate McCain of the past six months has too often seemed the victim of political sorcery, his good features magically inverted, his bad ones exaggerated. The fiscal conservative who once tackled Mr Bush over his unaffordable tax cuts now proposes not just to keep the cuts, but to deepen them. The man who denounced the religious right as “agents of intolerance” now embraces theocratic culture warriors. The campaigner against ethanol subsidies (who had a better record on global warming than most Democrats) came out in favour of a petrol-tax holiday. It has not all disappeared: his support for free trade has never wavered. Yet rather than heading towards the centre after he won the nomination, Mr McCain moved to the right.
Meanwhile his temperament, always perhaps his weak spot, has been found wanting. Sometimes the seat-of-the-pants method still works: his gut reaction over Georgia—to warn Russia off immediately—was the right one. Yet on the great issue of the campaign, the financial crisis, he has seemed all at sea, emitting panic and indecision. Mr McCain has never been particularly interested in economics, but, unlike Mr Obama, he has made little effort to catch up or to bring in good advisers (Doug Holtz-Eakin being the impressive exception).
The choice of Sarah Palin epitomised the sloppiness. It is not just that she is an unconvincing stand-in, nor even that she seems to have been chosen partly for her views on divisive social issues, notably abortion. Mr McCain made his most important appointment having met her just twice.
Ironically, given that he first won over so many independents by speaking his mind, the case for Mr McCain comes down to a piece of artifice: vote for him on the assumption that he does not believe a word of what he has been saying. Once he reaches the White House, runs this argument, he will put Mrs Palin back in her box, throw away his unrealistic tax plan and begin negotiations with the Democratic Congress. That is plausible; but it is a long way from the convincing case that Mr McCain could have made. Had he become president in 2000 instead of Mr Bush, the world might have had fewer problems. But this time it is beset by problems, and Mr McCain has not proved that he knows how to deal with them.
Is Mr Obama any better? Most of the hoopla about him has been about what he is, rather than what he would do. His identity is not as irrelevant as it sounds. Merely by becoming president, he would dispel many of the myths built up about America: it would be far harder for the spreaders of hate in the Islamic world to denounce the Great Satan if it were led by a black man whose middle name is Hussein; and far harder for autocrats around the world to claim that American democracy is a sham. America’s allies would rally to him: the
global electoral college on our website shows a landslide in his favour. At home he would salve, if not close, the ugly racial wound left by America’s history and lessen the tendency of American blacks to blame all their problems on racism.
So Mr Obama’s star quality will be useful to him as president. But that alone is not enough to earn him the job. Charisma will not fix Medicare nor deal with Iran. Can he govern well? Two doubts present themselves: his lack of executive experience; and the suspicion that he is too far to the left.
There is no getting around the fact that Mr Obama’s résumé is thin for the world’s biggest job. But the exceptionally assured way in which he has run his campaign is a considerable comfort. It is not just that he has more than held his own against Mr McCain in the debates. A man who started with no money and few supporters has out-thought, out-organised and out-fought the two mightiest machines in American politics—the Clintons and the conservative right.
Political fire, far from rattling Mr Obama, seems to bring out the best in him: the furore about his (admittedly ghastly) preacher prompted one of the most thoughtful speeches of the campaign. On the financial crisis his performance has been as assured as Mr McCain’s has been febrile. He seems a quick learner and has built up an impressive team of advisers, drawing in seasoned hands like Paul Volcker, Robert Rubin and Larry Summers. Of course, Mr Obama will make mistakes; but this is a man who listens, learns and manages well.
It is hard too nowadays to depict him as soft when it comes to dealing with America’s enemies. Part of Mr Obama’s original appeal to the Democratic left was his keenness to get American troops out of Iraq; but since the primaries he has moved to the centre, pragmatically saying the troops will leave only when the conditions are right. His determination to focus American power on Afghanistan, Pakistan and proliferation was prescient. He is keener to talk to Iran than Mr McCain is— but that makes sense, providing certain conditions are met.
Our main doubts about Mr Obama have to do with the damage a muddle-headed Democratic Congress might try to do to the economy. Despite the protectionist rhetoric that still sometimes seeps into his speeches, Mr Obama would not sponsor a China-bashing bill. But what happens if one appears out of Congress? Worryingly, he has a poor record of defying his party’s baronies, especially the unions. His advisers insist that Mr Obama is too clever to usher in a new age of over-regulation, that he will stop such nonsense getting out of Congress, that he is a political chameleon who would move to the centre in Washington. But the risk remains that on economic matters the centre that Mr Obama moves to would be that of his party, not that of the country as a whole.
He has earned it
So Mr Obama in that respect is a gamble. But the same goes for Mr McCain on at least as many counts, not least the possibility of President Palin. And this cannot be another election where the choice is based merely on fear. In terms of painting a brighter future for America and the world, Mr Obama has produced the more compelling and detailed portrait. He has campaigned with more style, intelligence and discipline than his opponent. Whether he can fulfil his immense potential remains to be seen. But Mr Obama deserves the presidency.

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