February 2012 archive

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

The Sunday Talking Heads:

Up with Chris Hayes: Sunday’s guests Amy Goodman of (@democracynow), Melissa Harris-Perry (@MHarrisPerry) host of MSNBC’s Melissa Harris-Perry, Dave Weigel (@daveweigel) MSNBC contributor and Slate political reporter, Michael Brendan Dougherty (@michaelbd) politics editor for Business Insider, Eli Lake (@elilake) senior national security reporter for Newsweek / The Daily Beast, Anne-Marie Slaughter (@SlaughterAM) former director of policy planning for the U.S. Department of State and University of Princeton professor of politics and international affairs, and Michelle Goldberg (@michelleinbklyn), senior contributing writer for Newsweek / The Daily Beast.

This Week with George Stephanopolis: Guests are REpublican GOP presidential candidate Rep. Ron Paul (R-TX), former Obama advisor Lawrence Summers, top Romney economic advisor Glenn Hubbard, and Diane Swonk of Mesirow Financial. Roundtable guests are ABC’s George Will, political strategist and ABC News political analyst Matthew Dowd, AOL Huffington Post Media Group president Arianna Huffington, and radio host and Bigjournalism.com editor Dana Loesch debate all the week’s politics.

Face the Nation with Bob Schieffer: This week’s guests are GOP presidential candidate Newt Gingrich and former New York City Mayor Rudy Giuliani. The Boston Globe’s Michael Kranish, author of The Real Romney, CBS News’ Chief White House Correspondent Norah O’Donnell and CBS News’ Political Director John Dickerson analyze Campaign 2012. Former RNC chairman and co-founder of American Crossroads PAC, Ed Gillespie, discusses the impact of super PACs.

The Chris Matthews Show: This week’s guests are Katty Kay, BBC Washington Correspondent; Michael Duffy TIME Magazine Assistant Managing Editor: Andrew Sullivan, The Daily Beast Editor, The Dish; and Kathleen Parker, The Washington Post Columnist.

Meet the Press with David Gregory: Sunday’s guests are GOP presidential candidate Newt Gingrich, Massachusetts Governor Deval Patrick (D), New York City Mayor Michael Bloomberg (I) and Indiana Governor Mitch Daniels (R). Roundtable guests are Rep. Xavier Becerra (D-CA), NY Times columnist David Brooks, GOP strategist Alex Castellanos, and MSNBC’s Rachel Maddow.

State of the Union with Candy Crowley: Guests are Virginia Governor and Republican Governors Association Chair Bob McDonnell and Maryland Governor and Democratic Governors Association Chair Martin O’Malley, Family Research Council President Tony Perkins and Former House Majority Leader Dick Armey and House Intelligence Committee Chairman Mike Rogers (R-MI). Joining for a discussion panel are Former CBO Directors Alice Rivlin, Douglas Holtz-Eakin, and CNN Senior Political Analyst Ron Brownstein.

Veto on Syria stokes Arab and Western fury

Russian and Chinese vetoes at UN dubbed as “betrayal of Syrian people” amid fresh calls for President Assad to step down

Last Modified: 05 Feb 2012 08:37

Western and Arab powers have reacted angrily to Russia and China’s veto of a Security Council resolution on the Syria crisis, but Moscow and Beijing insisted the text had needed more work.

Russia and China on Saturday vetoed a UN Security Council resolution condemning the Syrian government’s deadly crackdown despite reports by Syrian activists that troops overnight had killed scores of civilians in the city of Homs.

Thirteen countries voted for the resolution proposed by European and Arab nations to give strong backing to the Arab League’s plan to end the violence in Syria that has claimed thousands of lives across the country since March 2011.

Clever darlings

        The woman accused of harboring Aum Shinrikyo fugitive Makoto Hirata for 17 years says she made up her pseudonym-Kyoko Yamaguchi-by combining the names of popular actress-singers Kyoko Koizumi and Momoe Yamaguchi.

   A survey by the Tokyo Metropolitan Government found that 9 percent of expectant mothers failed to undergo pre-delivery health checks “because they didn’t realize they were pregnant.”

   As part of efforts to prepare Tokyo for a major earthquake, JR East has stockpiled water bottles and blankets for 30,000 commuters, while Tokyo Metro is storing relief supplies for 100,000 others.

   Two rare crested ibises injured on Sado Island recently are believed to have been attacked by falcons. The incidents are puzzling, as falcons normally only attack animals smaller than themselves.

Welcome to the Stars Hollow Health and Fitness weekly diary. It will publish on Saturday afternoon and be open for discussion about health related issues including diet, exercise, health and health care issues, as well as, tips on what you can do when there is a medical emergency. Also an opportunity to share and exchange your favorite healthy recipes.

Questions are encouraged and I will answer to the best of my ability. If I can’t, I will try to steer you in the right direction. Naturally, I cannot give individual medical advice for personal health issues. I can give you information about medical conditions and the current treatments available.

You can now find past Health and Fitness News diaries here and on the right hand side of the Front Page.

Kale is a member of the cruciferous family of vegetables (genus Brassica), so named because their flowers have four petals in the shape of a cross. A nutritional powerhouse that tastes wonderful when properly cooked, kale is one of nature’s best sources of vitamins A, C and K and a very good source of copper, potassium, iron, manganese and phosphorus. The flavonoids and sulfur-containing compounds called glucosinolates are believed to have antioxidant properties, as are two other compounds that kale delivers, zeaxanthin and lutein, both thought to play a role in protecting the eyes.

These greens are hearty, and they maintain about 50 percent of their volume when you cook them, unlike spinach, which cooks down to a fraction of its volume. The various types of kale also maintain a lot of texture, which makes them perfect for stir-fries. Make sure to remove the ropy stems and wash the leaves in at least two changes of water, as organic kale can be very attractive to aphids. Aphids won’t hurt you, but it might take a few rinses to clean them off the leaves.

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Joan Walsh and Rebecca Traister: Susan G. Komen’s priceless gift

A radical decision woke the country up to an alarming rightward drift, and gave new life to women’s health advocacy

The startling intensity that we saw this week in response to Susan G. Komen for the Cure’s decision to pull its grants from Planned Parenthood – an intensity that prompted the Komen foundation to reverse its decision today – may be the best thing that’s happened to the conversation about reproductive rights in this country for decades. It certainly should be.

Practically since Roe v. Wade was decided in 1973, reproductive rights activists have been left to play stilted defense against ideological opponents who grabbed the language of morality, life, love and family as their own, always deploying it with reference to the fetus. The rhetoric around reproductive rights, which has more recently begun to creep into arguments over contraception, has become suffocating in its emotional self-righteousness, but too muscular, too ubiquitous to effectively combat.

But the overreach by the Komen foundation, while surely intended to strike yet another blow on the side of antiabortion activism, succeeded instead in waking a powerful constituency – armed with precisely the language and emotional heft they’ve been lacking for too long.

George Zornick: Schneiderman Goes After Banks for Foreclosure Fraud

New York Attorney General Eric Schneiderman filed a major lawsuit today against three major too-big-to-fail banks, charging them with rampant foreclosure fraud in the wake of the housing crisis. It’s a crucially important lawsuit in its own right, but also raises major questions about the nature of the supposedly looming federal and state settlement with these same banks.

Schneiderman is acting here as New York attorney general-not as co-chair of the new federal task force on the financial crisis. That effort aims to uncover wrongdoing before the crash-or, “the stuff that blew up the economy,” as he put it last week.

This is different. Schneiderman, on behalf of New York State, is accusing Bank of America, JPMorgan Chase, and Wells Fargo of serious and wide-ranging abuses with foreclosures-of improperly foreclosing on homes they didn’t have the correct ownership of or paperwork for. Specifically, Schneiderman is targeting the Mortgage Electronic Registry System (MERS), which he also names in the lawsuit. MERS is a private, national database of foreclosures created by the banks and used widely for taking people’s homes-but since it wasn’t public and run by the financial institutions that stood to gain from rapid foreclosures, there were (shockingly!) a lot of errors and improper filings.

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

February 4 is the 35th day of the year in the Gregorian calendar. There are 330 days remaining until the end of the year (331 in leap years).

On this day in 1789, George Washington becomes the first and only president to be unanimously elected by the Electoral College. He repeated this notable feat on the same day in 1792.

The peculiarities of early American voting procedure meant that although Washington won unanimous election, he still had a runner-up, John Adams, who served as vice president during both of Washington’s terms. Electors in what is now called the Electoral College named two choices for president. They each cast two ballots without noting a distinction between their choice for president and vice president. Washington was chosen by all of the electors and therefore is considered to have been unanimously elected. Of those also named on the electors’ ballots, Adams had the most votes and became vice president.

George Washington (February 22, 1732 – December 14, 1799) was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Britain in the American Revolutionary War as commander in chief of the Continental Army in 1775-1783, and he presided over the writing of the Constitution in 1787. As the unanimous choice to serve as the first President of the United States (1789-1797), he developed the forms and rituals of government that have been used ever since, such as using a cabinet system and delivering an inaugural address. As President he built a strong, well-financed national government that avoided war, suppressed rebellion and won acceptance among Americans of all types, and Washington is now known as the “Father of his country”.

In Colonial Virginia, Washington was born into the provincial gentry in a wealthy, well connected family that owned tobacco plantations using slave labor. Washington was home schooled by his father and older brother but both died young and Washington became attached to the powerful Fairfax clan. They promoted his career as surveyor and soldier. Strong, brave, eager for combat and a natural leader, young Washington quickly became a senior officer of the colonial forces, 1754-58, during the first stages of the French and Indian War. Indeed, his rash actions helped precipitate the war. Washington’s experience, his military bearing, his leadership of the Patriot cause in Virginia, and his political base in the largest colony made him the obvious choice of the Second Continental Congress in 1775 as commander-in-chief of the Continental Army to fight the British in the American Revolution. He forced the British out of Boston in 1776, but was defeated and nearly captured later that year when he lost New York City. After crossing the Delaware River in the dead of winter he defeated the enemy in two battles, retook New Jersey, and restored momentum to the Patriot cause. Because of his strategy, Revolutionary forces captured two major British armies at Saratoga in 1777 and Yorktown in 1781. Negotiating with Congress, governors, and French allies, he held together a tenuous army and a fragile nation amid the threats of disintegration and invasion. Historians give the commander in chief high marks for his selection and supervision of his generals, his encouragement of morale, his coordination with the state governors and state militia units, his relations with Congress, and his attention to supplies, logistics, and training. In battle, however, Washington was repeatedly outmaneuvered by British generals with larger armies. Washington is given full credit for the strategies that forced the British evacuation of Boston in 1776 and the surrender at Yorktown in 1781. After victory was finalized in 1783, Washington resigned rather than seize power, and returned to his plantation at Mount Vernon, proving his opposition to dictatorship and his commitment to republican government.

Washington presided over the Constitutional Convention that drafted the United States Constitution in 1787 because of his dissatisfaction with the weaknesses of Articles of Confederation that had time and again impeded the war effort. Washington became the first President of the United States in 1789. He attempted to bring rival factions together in order to create a more unified nation. He supported Alexander Hamilton‘s programs to pay off all the state and national debts, implement an effective tax system, and create a national bank, despite opposition from Thomas Jefferson. Washington proclaimed the U.S. neutral in the wars raging in Europe after 1793. He avoided war with Britain and guaranteed a decade of peace and profitable trade by securing the Jay Treaty in 1795, despite intense opposition from the Jeffersonians. Although never officially joining the Federalist Party, he supported its programs. Washington’s “Farewell Address” was an influential primer on republican virtue and a stern warning against partisanship, sectionalism, and involvement in foreign wars.

Washington had a vision of a great and powerful nation that would be built on republican lines using federal power. He sought to use the national government to improve the infrastructure, open the western lands, create a national university, promote commerce, found a capital city (later named Washington, D.C.), reduce regional tensions and promote a spirit of nationalism. “The name of AMERICAN,” he said, must override any local attachments.” At his death Washington was hailed as “first in war, first in peace, and first in the hearts of his countrymen”. The Federalists made him the symbol of their party, but for many years the Jeffersonians continued to distrust his influence and delayed building the Washington Monument. As the leader of the first successful revolution against a colonial empire in world history, Washington became an international icon for liberation and nationalism. His symbolism especially resonated in France and Latin America. Historical scholars consistently rank him as one of the two or three greatest presidents.

Last time we looked at 1975, and if anything 1976 was a bit more settled for The Who in some respects.  Most of their time was spent doing a huge tour, with multiple Atlantic Ocean crossings.  There were a couple of reasons for that.

Likely the largest reason was that the dispute betwixt the band and Kit Lambert was still in litigation, and it was sort of difficult to release old material, and new material was still being written.  They were stuck in a way just to perform live.  That was to my personal advantage, and more on that is to come later.

One the whole, the band were probably at their best musically in 1976.  The exception was Moon, who was beginning to accelerate his decline both personally and musically, but that did not come out until sort of late in the year.

New York State Attorney General Eric Schneiderman filed suit today in New York State Supreme Court in Brooklyn charging them with deceptive and fraudulent practices that harmed homeowners and undermined the judicial foreclosure process. From Mr. Schneiderman’s office:

NEW YORK – Attorney General Eric T. Schneiderman today filed a lawsuit against several of the nation’s largest banks charging that the creation and use of a private national mortgage electronic registry system known as MERS has resulted in a wide range of deceptive and fraudulent foreclosure filings in New York state and federal courts, harming homeowners and undermining the integrity of the judicial foreclosure process. The lawsuit asserts that employees and agents of Bank of America, J.P. Morgan Chase, and Wells Fargo, acting as “MERS certifying officers,” have repeatedly submitted court documents containing false and misleading information that made it appear that the foreclosing party had the authority to bring a case when in fact it may not have. The lawsuit names JPMorgan Chase Bank, N.A., Bank of America, N.A., Wells Fargo Bank, N.A., as well as Virginia-based MERSCORP, Inc. and its subsidiary, Mortgage Electronic Registration Systems, Inc.

The lawsuit further asserts that the MERS System has effectively eliminated homeowners’ and the public’s ability to track property transfers through the traditional public records system. Instead, this information is now stored only in a private database – which is plagued with inaccuracies and errors – over which MERS and its financial institution members exercise sole control. Additional defendants include BAC Home Loans Servicing, LP, Chase Home Finance LLC, EMC Mortgage Corporation, and Wells Fargo Home Mortgage, Inc.

“The banks created the MERS system as an end-run around the property recording system, to facilitate the rapid securitization and sale of mortgages. Once the mortgages went sour, these same banks brought foreclosure proceedings en masse based on deceptive and fraudulent court submissions, seeking to take homes away from people with little regard for basic legal requirements or the rule of law,” said Attorney General Schneiderman. “Our action demonstrates that there is one set of rules for all – no matter how big or powerful the institution may be – and that those rules will be enforced vigorously. Only through real accountability for the illegal and deceptive conduct in the foreclosure crisis will there be justice for New York’s homeowners.” [..]

The lawsuit specifically charges that the defendants have engaged in the following fraudulent and deceptive practices:

   

MERS has filed over 13,000 foreclosure actions against New York homeowners listing itself as the plaintiff, but in many instances, MERS lacked the legal authority to foreclose and did not own or hold the promissory note, despite saying otherwise in court submissions.

   

MERS certifying officers, including employees and agents of JPMorgan Chase, Bank of America, and Wells Fargo, have repeatedly executed and submitted in court legal documents purporting to assign the mortgage and/or note to the foreclosing party. These documents contain numerous defects, including affirmative misrepresentations of fact, which render them false, deceptive, and/or invalid. These assignments were often automatically generated and “robosigned” by individuals who did not review the underlying property ownership records, confirm the documents’ accuracy, or even read the documents. These false and defective assignments often masked gaps in the chain of title and the foreclosing party’s inability to establish its authority to foreclose, and as a result have misled homeowners and the courts.

   

MERS’ indiscriminate use of non-employee “certifying officers” to execute vital legal documents has confused, misled, and deceived homeowners and the courts and made it difficult to ascertain whether a party actually has the right to foreclose. MERS certifying officers have regularly executed and submitted in court mortgage assignments and other legal documents on behalf of MERS without disclosing that they are not MERS employees, but instead are employed by other entities, such as the mortgage servicer filing the case or its counsel. The signature line just indicates that the individual is an “Assistant Secretary,” “Vice President,” or other officer of MERS. Indeed, these documents often purport to assign the mortgage to the certifying officer’s own employer. Moreover, as a result of the defendants’ failure to track the designation of certifying officers and the scope of their authority to act, individuals have executed legal documents on behalf of MERS, such as mortgage assignments and loan modifications, when they were either not designated as a MERS certifying officer at the time or were not authorized to execute documents on behalf of MERS with respect to the subject loan.

   

MERS and its members have deceived and misled borrowers about the importance and ramifications of MERS’ role with respect to their loan by providing inadequate disclosures.

   

The MERS System is riddled with inaccuracies which make it difficult to verify the chain of title for a loan or the current note-holder, and creates confusion among stakeholders who rely on the information. In addition, as a result of these inaccuracies, MERS has filed mortgage satisfactions against the wrong property.

The lawsuit seeks a declaration that the alleged practices violate the law, as well as injunctive relief, damages for harmed homeowners, and civil penalties. The lawsuit also seeks a court order requiring defendants to take all actions necessary to cure any title defects and clear any improper liens resulting from their fraudulent and deceptive acts and practices.

Schneiderman has still not signed onto the Federal agreement and the final terms of that agreement are still pretty vague as no one has actually seen the final document but they have been given until February 6 to sign on to it.  Precisely how this suit, or the one file this week by Illinois AG against Nationwide, will effect or be effected by that agreement is anyone’s guess. But there is a lot of speculation. Happy Friday news dump  

Nothing surprising about the revelation in today’s New York Times that the SEC has failed to get tough with the big banks but it does highlight how Occupy Wall St. has change this conversation in the traditional media that is now taking a more critical look at what is wrong with the economy and why. Despite all the whining from the agency that it doesn’t have the resources or the tools, when in fact it does but has refused to use them against the biggest and repeat offenders. The SEC has repeatedly granted waivers to the laws and regulations that stop fraud:

JPMorganChase, for example, has settled six fraud cases in the last 13 years, including one with a $228 million settlement last summer, but it has obtained at least 22 waivers, in part by arguing that it has “a strong record of compliance with securities laws.” Bank of America and Merrill Lynch, which merged in 2009, have settled 15 fraud cases and received at least 39 waivers.

Only about a dozen companies – Dell, General Electric and United Rentals among them – have felt the full force of the law after issuing misleading information about their businesses. Citigroup was the only major Wall Street bank among them. In 11 years, it settled six fraud cases and received 25 waivers before it lost most of its privileges in 2010.

The SEC also does keep an organized data base of the waivers it granted, so in its investigation the NYT’s had do some digging but found some very telling facts about the SEC’s failures to protect investors while protecting the big banks from lawsuits and prosecution:

JPMorganChase is among the big Wall Street firms that have been granted multiple waivers with nearly every settlement of S.E.C. fraud charges. Last July, it agreed to pay $228 million to settle civil and criminal charges that it cheated cities and towns by rigging bids with other Wall Street firms to invest the money raised by several municipalities for capital projects.

JPMorgan received three waivers related to that case for privileges that it otherwise would have lost. But the S.E.C. said the company’s fraudulent actions didn’t involve misleading investors about JPMorgan’s business. [..]

Despite six securities fraud settlements in 13 years, JPMorgan rarely if ever lost any special privileges. It has been awarded at least 22 waivers since 2003, with most of its S.E.C. settlements generating two or more. In seeking the reprieves, lawyers for JPMorgan stated in letters to the S.E.C. that it should grant a waiver because the company has “a strong record of compliance with the securities laws.”

JPMorgan isn’t the only big bank that has received a pass on fraud from the SEC, Bank of America has been a recipient of favored status:

In 2009, the S.E.C. was negotiating with Bank of America over charges that it had failed to disclose to shareholders that billions of dollars in bonuses were being paid to Merrill Lynch executives just as Bank of America was bailing out the firm.

Because the S.E.C. charges involved fraudulent statements by both Bank of America and Merrill Lynch about their financial status, the merged company was in danger of losing its special privileges for both offerings and forecasts. [..]

It settled the case by agreeing to a $150 million payment. The S.E.C., however, decided not to charge the bank with fraud, which could have endangered the bank’s special status. Instead, the S.E.C. charged Bank of America with violating disclosure rules for shareholder materials and proxies, and Bank of America kept its privileges.

It took years before the SEC finally took action against Citigroup for its violations of rules and regulations but in 2010. That only happened because Citibank blatantly lied to its investors about the amount of risk it was carrying on its balance sheets. In its disclosure the bank stated that it was only holding $13 billion in risks when in reality it was $50 billion. It settled the case for $75 million but because of the falsification of its financial statement it lost the ability to insulate itself from lawsuits over mistaken predictions about its business and had to wait weeks for the SEC’s approvals to make itself eligible to sell stocks, bonds and other securities to the public. Prior to those sanctions Citibank had settled six fraud cases and received 25 waivers. Meanwhile JPMorgan, Gold Sachs and others have avoided sanctions and continue their fraudulent practices.

Yves Smith at naked capitalism in pointing out the significance of this article makes this observation:

What the article does not make quite clear is the SEC rationale for this double standard. I’d hazard that it’s that big financial players are often in the market raising funds, and restricting their access is, well, just a bit too mean since they are money junkies. Just look how hard it was for Citi when it fell out of the SEC’s most favored nations status and lost its ability to use so-called “shelf registrations” to sell stock and bonds:

   And the companies continue to use rules that let them instantly raise money publicly, without waiting weeks for government approvals. Without the waivers, the companies could not move as quickly as rivals that had not settled fraud charges to sell stocks or bonds when market conditions were most favorable.

OMG, if you break the law, you might be put at a competitive disadvantage! Can’t have that, now can we?

She concludes:

[..] As we have said, one of basic rules of regulating is to make sure the regulated know you are not cowed by them. When I was a young person working on Wall Street, investment banks were afraid of the SEC. By contrast, this article reveals, as many have suspected, that regulators have plenty of tools to bring banks to heel. They choose not to use them.

The SEC does have a defense of sorts, which is (as we have recounted) that Congress has cut off funding when it merely tried to be tough in defending retail investors from abuses under Arthur Levitt in the 1990s. The passivity of the SEC is a symptom of elite corruption. A reform-minded President could choose to cross swords with Congress and defend the agency against harassment for tough minded enforcement. But that would be in a parallel universe where the banks were not in charge.

It was the Occupy Wall St. movement and a handful of state attorneys general who have changed the conversation from protecting the 1% to investigating them and looking at their practices and the agencies that regulate them with a more critical eye.