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Should credit unions be able to make a lot more small business loans? Senator Mark Udall (D-CO) thinks so. His bill, the “Small Business Lending Enhancement Act,” would raise the cap on small business lending by credit unions to 27.5% of their assets, subject to various regulatory requirements. The credit unions and their regulator would like this expanded lending limit, but as Senator Udall says, “The federal government is still standing in the way.”

The bill is also supported by some libertarian think tanks, who point out that it would increase competition in the market for small business credit. A good argument—how could you be against that?

Well, you could logically be against it if you are a tax-paying community bank which doesn’t want unfairly advantaged competition from tax-exempt competitors, which credit unions are. Why would the government want to promote such an obviously tilted competitive field?

So there are the two main arguments, the thesis and antithesis, with something sensible to be said on both sides. Is there a way to move forward? I propose the following synthesis: Raise the cap on credit unions’ small business lending, but make such lending a taxable activity. (The traditional activities would retain their tax-exempt status.)

This would increase competition while being competitively fair. Everybody should be happy.

Banking is and always has been a risky business. A Venetian senator in 1584 claimed that there had been 103 banks established in the history of the city, of which 96 had failed.

Can you improve things by punishing bankers for their inevitable mistakes?

In 14th-century Barcelona, the law provided that any banker who failed would be publicly disgraced by the town crier and then kept on a diet of bread and water until his creditors were paid. (Luckily the Dodd-Frank Act didn’t think of this idea.)

However, this did not seem enough punishment, for in 1321 Barcelona added the penalty of being beheaded if the banker’s obligations were not settled, and indeed in 1360 one Francesh Castello, a hapless failed banker, was beheaded in front of his bank!

Apparently even this wasn’t enough: in 1438 Barcelona simply made private banking illegal.

So whatever are our problems with the riskiness of banking, we can be assured that such problems are of long standing.

(These and other adventures in the history of banking are instructively discussed in Bernard Shull and Gerald Hanweck’s 2001 book Bank Mergers in a Deregulated Environment, although you wouldn’t guess it from the title!)

Which are the most profitable banks in America? Not the private banks, but the government banks—namely the 12 Federal Reserve Banks.

In 2011, the 7,357 U.S. banks made an aggregate net profit of $119 billion. Only 12 Federal Reserve Banks made $77 billion.

The private banks made a combined return on equity of 7.8%.  The Federal Reserve Banks’ combined return on equity was about 144%.

The private banks had leverage (total assets divided by equity) of about 9 times. The Federal Reserve Banks were leveraged 54 times.

The banking system as a whole must be understood to contain these two parts: private banks and Federal Reserve Banks. Quite a contrast between the parts! This is summarized in the table below for the year-end 2011:

“Concerns are mounting that college students have taken on unsustainable levels of debt,” says the American Banker. Indeed. The Consumer Financial Protection Bureau, having pointed out that student debts now exceed $1 trillion, needs to get into action now to bring under control the biggest pusher of this unsustainable debt: the government.

Senator Richard Durbin (D-Illinois) is attempting to have private student loans dischargeable in personal bankruptcy: the Consumer Financial Protection Bureau, to be worthy of its name, needs to make sure that this equally applies to government student loans. These loans also need to be settled when the overextended borrower has become bankrupt. The consumer protection issue is the same. Why should the government be the most coldhearted and unforgiving moneylender to bankrupt former students?

The Dodd-Frank Act requires a formal report on the private student loan market. But the student loan problem cannot be understood without equally examining government student loans: The Consumer Financial Protection Bureau needs absolutely to include government student loans in its report, which otherwise would be obviously partial and incomplete.

“If these borrowers are so overleveraged that it carries throughout their entire adult life, this is a big problem,” a Consumer Financial Protection Bureau officer has pronounced. His bureau needs immediately to get busy making sure that the Department of Education is not saddling students with unpayable debt for life.

How does the government do at protecting consumers from itself when it comes to financial products? A friend in the mortgage business made the following as ironical suggestions, but they are in fact serious, real problems of consumer protection. The Consumer Financial Protection Bureau (CFPB) needs to get on these immediately:

1.    The CFPB should be heavily regulating the predatory consumer financial products offered by all state lotteries. This should include appropriate large print disclosures of the dangers they pose to financial health if used habitually.

2.    The CFPB needs to reform the disclosures of the Social Security program. Consumers should be clearly informed in short, honest disclosures that they are likely to have very low or even negative returns on the money they are forced to put into Social Security. There should also be large type and prominent disclosures that the Social Security program is (a) insolvent; and (b) will in the future require either higher contributions for the same benefits, or lower benefits for the same contributions: and that either way, the percentage return on the consumers’ money will be even lower. There should be a prominent box comparing the expected returns on Social Security to those of long-term government bonds and high quality corporate bonds.

If it fails to address these issues, the CFPB could hardly claim a commitment to real consumer financial protection or defend its own integrity.

Joe Nocera in the New York Times, discussing the defalcation by MF Global and the status of prominent Wall Street Democrat, Jon Corzine, its former CEO:

“Let’s not mince words here.  These executives committed a crime.”

“A failure to prosecute anyone at MF Global … would mean that that executives at a broker-dealer can indeed steal customer money and get away with it.”

“I’ve heard it suggested, for instance, that the Justice Department won’t prosecute Corzine because it would hurt President Obama. (Corzine, the former governor of New Jersey, had been a big fund-raiser for the president.) I don’t happen to subscribe to that theory….”

Well, of course the Justice Department wouldn’t be controlled by political motivations, would it? Especially in an election year!

Alex J. Pollock

The interest rate myth, again

By Alex J. Pollock

January 12, 2012, 11:07 am

Distinguished economist Greg Mankiw has just written on his blog that his formula for setting the federal funds rate “recommended a deeply negative federal funds rate during the recent severe recession.” He continues, “Of course, that is impossible.” No, it isn’t. Negative interest rates are perfectly possible, as most recently shown by the sale of short-term German government bills for negative yields. We don’t seem to be able to rid economics of the myth that interest rates cannot go below zero.

The Federal Reserve is not willing to try them, however, although it has tried many other things. I speculate that this is because the Fed prefers to pursue credit allocation to mortgages through expanding its own balance sheet, in order to try to prop up house prices.

Alex J. Pollock

Jon Corzine, meet Social Security!

By Alex J. Pollock

December 20, 2011, 12:04 pm

The notoriously bankrupt MF Global’s assets apparently will cover about 82 cents on the dollar of its obligations to customers. The de facto bankrupt Social Security’s assets will cover about 83 cents on the dollar of its obligations to beneficiaries. Jon Corzine, meet Social Security!

The Sarbanes-Oxley Act of 2002, a politically panicked overreaction to the scandals of that day, has been burdening American companies, with an especially disproportionate burden on smaller enterprises, for almost a decade. It is high time to reform it.

Fortunately, bills have been introduced in both the Senate and the House to amend a particularly bad part of the Sarb-Ox overreaction. Senators Jim DeMint and John Barrasso, the co-sponsors of S. 1962, point out that their bill “mirrors recommendations put forward by the President’s Council on Jobs and Competitiveness.” Congressman Ben Quayle and the House co-sponsors of H.R. 2941 cite their goal to remove “one of the many regulatory hurdles that prevent companies from going public.”

The notorious Section 404 of Sarb-Ox imposed significant cash expenses and compliance burdens on U.S. companies through its requirement for costly certifications of internal control systems by external auditors. The auditors became extremely risk averse and bureaucratic, which rapidly ran up their bills—this should have been, but was not, foreseen by the promoters of this provision. The expenses which were imposed turned out to be multiples greater than forecast by the SEC or intended by Congress. They were disproportionately heavy on smaller companies. The problem was even recognized by the regulation-loving Dodd-Frank Act of 2010, which included a partial fix.

The new short, clear, and to-the-point bills, both entitled “The Startup Expansion and Investment Act,” would make optional the adoption of the relevant Sarb-Ox provision (i.e. Section 404 (a)(2) and (b)) for companies with a market capitalization of less than $1 billion. Thus, smaller companies could decide to adopt these procedures and the external auditor’s certification, or opt out of them. A decision to opt out would have to be reported to investors in SEC filings, so the investors could express their view of the decision.

Such a voluntary regime for Section 404 would thus create the ability to test whether investors value the Sarb-Ox provisions or not. It would also reduce the oligopoly pricing power of the accounting firms, at least for smaller enterprises.

It is my view that these Section 404 provisions should be optional for all companies. But the current bills represent a big step forward and should be enacted.

Alex J. Pollock

‘TBTF is too big’ vs. Canada

By Alex J. Pollock

December 13, 2011, 12:24 pm

A common argument these days runs like this: Banks which are too big to fail (TBTF) are just too big. They are so large they can put the whole financial system at risk. They should be broken up since they make the system unstable.

However, an observation equally frequent is that the Canadian banking system has performed far better than that of the United States, and indeed seems to be a leading example of relative stability. This was true not only in the financial crisis of 2007-09, but also in the much greater crisis of the 1930s. Yet the Canadian banking system is composed almost entirely of five TBTF banks, which are nationwide in operation and combine multiple financial businesses. If banks that are just too big create the problem, how do we understand Canadian banking’s performance? Do the proponents of the too big theory insist that Canada should break up its big banks? If not, why not?

A required project is to weigh the too big argument against the Canadian experience. What will emerge from such a study? It will perhaps lead us back to more fundamental problems, such as excess leverage—what Walter Bagehot in 1873 rightly called “smallness of capital”—as opposed to bigness per se.

Most discussions of the European sovereign debt crisis make a common error. This is the failure to distinguish between the country and the present government of that country. For example, they may wonder “how to save Greece.” But the debt in question is the debt of the government of Greece, not of Greece, the country.

In the same way, the default on the U.S. Treasury’s gold bonds in 1933 was a default by the government of the United States, not by America. Likewise, this year’s downgrade of U.S. Treasury debt was a downgrade of the government’s credit.

Obviously, and often enough in history, the same country can have different governments. Subsequent ones may choose not to honor the debts of their predecessors, as when the communist government of Russia repudiated those of the previous czarist one, or when the government of the United States made sure that no one could pay a penny of the debts of the Confederate government, although all the Southern states were still there.

Governments and countries are two different things. The former can go broke or be overthrown and disappear, while the latter simply receive a new set of politicians.

A well-known and major unsolved problem of the U.S. income tax regime, which is a source of both economic inefficiency and inequity, is the double taxation of corporate dividends. This problem was partially addressed by tax reform under President Bush, which reduced the personal income tax on qualified dividends to 15 percent. But this reform did not alter the fact that they are still taxed twice: the corporation first pays a 35 percent federal income tax on them and then the recipient of the dividend pays again.

In the mean time, Warren Buffett has garnered a lot of press attention and vast political points with the White House by saying that he has a lower average income tax rate than his secretary. Having a lot of dividends for which your personal tax is 15 percent helps cause such calculations. Of course, in reality, the dividends were taxed at the combination of 35 percent plus your 15 percent.

Here is the straightforward way to solve the double taxation problem and the Buffett rhetoric problem at one fell swoop: give corporations a tax deduction for all dividends they pay in cash, and tax the recipients of the dividends at whatever ordinary tax rates they have, not at a favored rate. The dividends would then be taxed only once instead of twice, and Buffett will now be paying a higher income tax rate on them than his secretary does.

This change would have two other extremely important advantages:

It would significantly reduce the incentive for corporations to expand their debt and leverage, since dividends on equity would be treated for tax purposes exactly the same as interest on debt. This would make for sounder balance sheets, on average, and take away a significant part of the way the tax code promotes running up debt, instead of raising equity capital.

It would likewise increase the tendency of corporations to pay dividends, which go to all shareholders, instead of doing stock buybacks, which give the cash to some selling shareholders. Stock buybacks make companies try to time the market in their own stock—a dubious effort in which their overall record is not very successful.

So, to change the metaphor: multiple birds with one stone.

Federal Reserve Banks are banks—quite special banks, to be sure, but banks nonetheless. Like all banks, they must have equity capital to support their assets, and you look at the ratio of that capital to the assets to see how much support there is. If you flip the ratio over, you get the leverage of the bank, its ratio of assets to capital—this leverage ratio is usually used in discussing riskiness.

The New York Federal Reserve Bank is by far the biggest and most important Federal Reserve Bank, and always has been. It has more than half the vastly increased assets of the whole Federal Reserve System. Here’s an update on its assets, capital, and leverage:

As of November 9, 2011, the New York Fed has assets of $1.6 trillion, which includes about $485 billion of mortgage-related securities, mostly issued by the failed Fannie Mae and Freddie Mac. Its capital is $15.6 billion, for a capital ratio of less than 1 percent (0.98 percent). A regular bank would be severely criticized by the Federal Reserve itself and all other regulators for having so little capital. The proponents of “Prompt Corrective Action” would argue such a bank should be closed down.

Put the other way, the New York Fed’s assets are more than 100 times its capital—the leverage ratio is 102. What does this mean? An ordinary American bank might have leverage of 15. Over 20 is getting high. At leverage of over 30, the investment banking firms set themselves up for disaster in the financial crisis. Fannie Mae and Freddie Mac ran at leverage of 60 or so and are now flat broke. So 102?

But it is true that a Federal Reserve Bank is definitely special. How small should its capital ratio be? How risky should its balance sheet become? Should it have a minimum capital requirement? If the net worth of a central bank became negative, would we care? Would it stop paying its dividends to shareholders? Would it have to issue a capital call on these shareholder commercial banks? Would we still accept the dollar bills it prints? Federal Reserve Banks are the most profitable banks in the country—would the high profits of an insolvent one simply offset the negative net worth?

These are questions without generally understood answers, even among banking experts. They are worth considering as the Fed, and the New York Fed in particular, runs up its leverage and its risk.

Alex J. Pollock

Negative Interest Rates Arrive

By Alex J. Pollock

August 9, 2011, 12:47 pm

I have previously pointed out that although theoretical economists often talk about a “zero bound” to interest rates, in fact negative interest rates are perfectly possible and actually happen from time to time.*

Now they have arrived again, with the Bank of New York Mellon’s announcement that it will start charging a fee on large zero-interest bearing deposits from “investors searching for havens to stash their cash” (as the Financial Times put it). This creates, by a slightly different name, a negative interest rate for holding cash.

Meanwhile, the banks themselves are holding about $1.6 trillion in excess cash reserves at the Federal Reserve, on which the Fed is paying them interest of 0.25 percent. This is much better than most people are getting on their money market accounts.

Will the Fed take a page from the Bank of New York Mellon, and change that to a negative interest rate, in order to encourage the banks to lend or invest the money instead? It could.

* We are speaking of nominal interest rates, not real interest rates (i.e. interest rates net of inflation). With CPI inflation at 3.6 percent, real short-term interest rates are very negative already.

 

In the wake of all the angst and discussion of the downgrading by Standard & Poor’s of the credit of the U.S. government to AA+, we need to consider what rating agencies are.

In fact, they are exactly what they themselves say they are: publishers of opinions. Because of this identity, they claim First Amendment protection for the opinions they publish. In other words, they are one bunch of scribblers among others, trying to forecast the future and its risks like hundreds of other people, naturally making many mistakes, just like everybody else.

It is a delicious irony that the opinions of these particular scribblers get special weight only because the U.S. government has given it to them through its financial regulations. One of these scribblers has now turned on the source of its franchise and duopoly profits. If the government does not like the force of this disloyal pontification, it can reflect that it is its own fault.

The Federal Reserve hastened to announce that the S&P downgrade would have no effect on the zero risk-based capital requirement for U.S. government debt. There is no reason it would need to, but nota bene: the financial regulators have a deep conflict of interest. They are employees of the government which issues the debt in question and needs to keep on issuing great amounts of it. The regulators are not likely to be very strict in their assessment of debt of their employer—indeed we can count on the opposite.

In overall financial perspective, it is perfectly logical to think that internationally diversified, positive cash generating, well-managed companies with low leverage are better credits than nationally concentrated, negative cash flow, poorly managed, highly leveraged governments.

We have had a good deal of financial agonizing of late about whether problems with the U.S. government’s debt limit might mean a loss of status for Treasury debt so that we would no longer have a “risk-free [interest] rate.” Well, not having one is not much of a problem, because there never was a risk-free rate, or a risk-free anything else—including government debt.

Lending money to a sovereign power, which might just choose not to pay you back, has occasioned many a lender’s loss. An essential distinction is that the debt is that of the government, not of the country. Consider the bonds of Czarist Russia or the Confederate States of America.

Sovereign debt was never risk free, and financial history is replete with defaults by governments on their debt. Carmen M. Reinhart and Kenneth Rogoff (This Time Is Different) chronicle 250 such defaults since 1800. The notion that sovereign debt is “risk-free” should be considered primarily a marketing slogan for borrowing governments and bond salesmen.

European banks are staring at potentially huge losses on sovereign debt in their portfolios. This reflects a long history and much precedent: one key purpose of banks going back at least to the founding of the Bank of England in 1694 was to lend money to the government in exchange for getting charter privileges.

Reflecting this, it is commonplace to find regulatory policies and bank capital requirements written to encourage banks to hold a lot of government debt. In the United States, this was extended by regulatory policies to encourage banks to hold large quantities of the government-sponsored debt of Fannie Mae and Freddie Mac, and also of their preferred stock, in order to promote housing. These policies exacerbated the hyper-leveraging of the housing finance sector.

An irony is that the banks themselves represent indirect government debt, since their most stable funding sources are deposits guaranteed by the governments.

The lack of a risk-free anything forces us to contemplate a difficult truth. The financial universe, like the physical universe, is Einsteinian, not Newtonian. There is no absolute frame of reference. There are only many financial things, all moving with respect to each other, with constantly changing exchange rates between them, all subject to various risks and to guessable, but unknowable, uncertainties.

“Many bankers believe that the Federal agencies are too much a law unto themselves and . . . are far too unreasonable and arbitrary.” —American Banker, September 25, 1941

“Community bankers said examiners are going overboard … The misplaced zeal and arbitrary demands of examiners are having a chilling effect on credit.” —American Banker, July 12, 2011

Do the bureaucrats change their spots? Do the views of the bankers change? Not in 70 years, at least.

President Obama to middle classers: I want you to pay more into Social Security and give you a return of -50 percent—or perhaps -100 percent!

But Andrew, it seems to me that it doesn’t make sense unless you’re raising the tax without raising the payout.

Andrew, isn’t the key point that he wants to raise the tax base, but not to raise the benefits base. So, hello, all you middle classers: You are going to pay more Social Security tax, but get no increase in retirement benefits in exchange. Therefore it is clear that this Social Security strategy represents not a nice government savings account, but a welfare program. Isn’t that what the president and the other members of his party don’t want to say?

American discussions of housing finance give a shining religious aura to 30-year fixed rate mortgages (FRMs). They provide the last refuge of the defenders of Fannie Mae and Freddie Mac, who argue that we have to have government guarantees so we can have 30-year FRMs. First, this argument is not true; and second, the 30-year FRM is not the unmitigated blessing the Fannie and Freddie loyalists imply. Indeed, one of the key reasons U.S. mortgage markets are in such bad shape today is precisely the 30-year FRM.

No instrument is universally good in all times and all economic situations. Let us consider not only the advantages, but also the dark side of the 30-year FRM. For borrowers of 30-year FRMs, the advantageous situation is when interest rates are rising and house prices are rising. Then the borrowers have the same mortgage payments in spite of rising interest rates, and they get to keep the whole inflationary premium in the house price. This is the bright side.

But suppose interest rates fall to very low levels, and house prices are also falling. Needless to say, this is the reality of the last few years, and it brings out the dark side. Then the borrowers often cannot refinance because of the fall in house prices, so they are stuck with what is now a very high nominal and even higher real interest rate, and their payments stay the same in spite of falling interest rates. The entire deflationary discount in the house price is imposed on them. Defaults rise; house prices are pushed further down.

In this situation, it becomes quite difficult to modify the 30-year FRMs which cannot be refinanced, as the many government modification programs have demonstrated. In contrast, a floating rate mortgage, say of the typical British variety, does not need to be modified: the interest rate automatically falls with market rates. This relieves the cash payment burden on the borrowers and shares the deflationary discount with the lenders.

Of course, American mortgage borrowers and lenders did not expect house price deflation and interest rates near zero, but they got them anyway, in large part because they believed in house price inflation. No loan is the best for all seasons.

Image by Chris Short.

Alex J. Pollock

Banking History Rhymes?

By Alex J. Pollock

January 21, 2011, 1:43 pm

Instructive excerpts from articles on banking, international debt, and the real estate market:

Gone is that hysteria of financial terror. There is a return of reason.

The Federal Reserve System, by buying government bonds, has launched a more aggressive policy of credit expansion. The time for excessive caution is past. There is greater danger now that the banks will loosen up too slowly.

Reserve policy may be shaped by a desire to stimulate confidence via the stock market.

We have become more or less hardened to the threat in various countries of default on international debt payments.

This is going to be a bad year for residential mortgages.

Lenders are wary. The air is full of reports of foreclosures on houses, and about inability to renew mortgages. Mortgage companies generally say about the last thing they want to do is to foreclose on a mortgaged home. On the other hand, it is undeniable that large numbers of householders, finding that the second mortgage has discounted any possible appreciation in values and loaded them with impossible payments, are giving up.

The second mortgage is the curse of the own-your-own home program.

It is to remedy this precarious situation and to facilitate future financing that President Hoover has proposed the idea of a national system of Federal Home Loan Banks. A bitter fight is being conducted in Washington and all over the country. The Mortgage Bankers Association and the big insurance companies are opposing it. The American Bankers Association appears to be cold to it. The National Association of Real Estate Boards, small insurance companies, and the National League of Building and Loan Associations are avidly for it.

It will encourage members to loan freely, doing away with the second mortgage bane. It should be in operation in time to afford much relief to frozen small mortgages and so contribute to the general improvement of the whole home-building finance field. Opponents, indeed, say it will lead to inflation and over-building.

It is very much to be doubted that the world will take undue alarm over any probable deepening of the present crisis in Germany.

From The Magazine of Wall Street, March 19, 1932 (ellipses not shown).

moneyOrdinary Americans are being taxed so that foreign investors in the debt securities of the insolvent Fannie Mae and Freddie Mac can get all their interest and get their principal paid off at par.

In this context, here are some intriguing excerpts from former Secretary of the Treasury Henry Paulson’s book, On the Brink (emphasis added and ellipses deleted):

“I had told Dave to reach out to international investors, approaching finance ministers and central bankers. ‘Make sure they understand what we’re doing,’ I instructed him. ‘Make sure that to the extent we can say it that the U.S. government is standing behind Fannie Mae and Freddie Mac.’”

“Treasury had been getting nervous calls from officials of foreign countries that were invested heavily with Fannie and Freddie. Foreign investors held more than $1 trillion of debt issues or guaranteed by the GSEs, with big shares held in Japan, China, and Russia. To them, if we let Fannie and Freddie fail and their investments got wiped out, that would be no different from expropriation. They had bought these securities in the belief that the GSEs were backed by the U.S. government. They wanted to know if the U.S. would stand behind this implicit guarantee.”

“I flew to China for the Olympics on August 7 [2008]. Among the many financial leaders I spoke to were my old friends Zhou Xiaochuan, the head of the central bank of China, and Wang Qishan, vice premier in charge of China’s financial and economic affairs. It was important to relay what was going on to the Chinese who owned hundreds of billions of dollars of GSE debt. They had trusted our assurances and held on to this paper at a crucial time. ‘I always said we’d live up to our obligations,’ I reminded Wang.”

Now where do you suppose the secretary of the Treasury got the authority to commit U.S. taxpayers to bailing out the Chinese bondholders?

Image by Bernhard Suter.

airport-securityNovember 23, 2010

The President
The White House
Washington, D.C.

Dear Mr. President,

The head of the TSA, Mr. Pistole, who reports to you, has said that he intends to continue with the imposition of his body scanner program in spite of the reaction of the American public. This conclusively demonstrates the idiocy to which bureaucratic behavior may lead.

Mr. President, I respectfully ask you to vividly imagine that you, your wife, and your daughters, had to pass through a body scanner or be so-called “patted down” before you were allowed to board Air Force One. You would be intensely offended and thoroughly outraged, I am sure, both for yourself and even more for your family.

Of course, unlike the rest of us, you are exempt from the thuggish bureaucracy of the TSA. However, they work for you.

May I respectfully point out, Mr. President, that you and I have demonstrably the identical probability of being an Islamic terrorist: namely, zero. The same probability applies to the 99.9 percent of American air travelers whose civil rights are being violated daily by the TSA and the incompetent who heads it.

Please note the palpably ridiculous fundamental proposition on which all TSA blundering is built. This is that, in order to do its job, the TSA must impose endless harassment, delay, intimidation, and humiliation on these 99.9 percent of Americans who have literally a zero probability of being an Islamic terrorist. The stupidity of this fundamental TSA proposition is manifest.

I believe it is essential for you to order the TSA to scrap their absurd body scanner project immediately. I think you need to underscore the point by firing the insolent Mr. Pistole at the same time.

May I respectfully suggest that if you do not do this, it will give your administration, and you personally, a long-lasting political black eye, which would be well-deserved for allowing Mr. Pistole to perpetrate this offense on the American people—not to mention his allowing the members of al Qaeda to revel in triumph at how they can so readily manipulate the TSA into ever greater absurdities.

How al Qaeda must roar with laughter to see how easy it is for them to cause the American government, through the out-of-control bureaucracy of the TSA, to punish and humiliate American citizens. I am sure they love watching videos of it. Mr. President, the behavior of your TSA presents a huge victory to al Qaeda over American society.

Yours very sincerely,

Alex J. Pollock

Image by Ionan Lumis.

henry_m_paulson_jrSitting on the sidelines, looking back after the fact, how clear the patterns may seem. Not so to those who must make decisions subject to great uncertainty while in the midst of a financial panic, blindsided by surprises and the unexpected. Consider the following quotations from former Treasury Secretary Henry Paulson’s striking memoir of the crisis, On the Brink.

Paulson had been at the head of one of the greatest financial firms. As secretary of the Treasury of the dominant country in the world’s financial system, he was at the center of a unique international network of communication and information.

And yet:

“I misread the cause, and the scale, of the coming disaster. Notably absent from my presentation was any mention of problems in housing or mortgages.”

“I had never thought I’d have to use the emergency powers Congress had given me.”

“The crisis … came from an area we hadn’t expected-housing-and the damage it caused was much deeper and much longer lasting than any of us could have imagined.”

“Now, I hadn’t seen the Russian financial crisis coming-none of us had.”

“In August 2006 … the economic outlook was strong.”

“In the summer [2007] I’d asked Bob Steel to begin developing solutions for our mortgage problems, though at the time we didn’t realize how far-reaching those problems would become.”

“All of this led me in late April 2007 to say … that subprime mortgage problems were ‘largely contained.’ I repeated that line of thinking publicly for another couple months. Today, of course, I could kick myself. We were just plain wrong.”

“Noted Herb Allison … ‘We used to think we knew a lot more about these assets.’”

“Just about everyone lived at the Treasury … to try to solve problems that kept getting bigger than we had anticipated.”

“General Electric … was having problems selling commercial paper. This stunned me.”

“I never expected to hear those troubles spreading like this to the corporate world.”

“Lehman’s UK bankruptcy administrator, Pricewaterhouse-Coopers, had frozen the firm’s assets in the UK. This was completely unexpected.”

“In a celebratory mood, Pelosi, Reid, Dodd, Frank, Schumer, and I walked together to Statuary Hall to announce the [TARP] deal. Perhaps I should have foreseen the problems ahead.”

“We got hit with a surprise when the Wachovia deal with Citi was suddenly thrown into doubt.”

“AIG was again bleeding. It astonished me.”

“Chairman of Standard Chartered Bank… asked in a low voice about Citigroup and GE. ‘Are either of those two going down?’ This jolted me.”

“I expected the program to be politically unpopular, but the intensity of the backlash astonished me.”

“AIG would need a massive equity investment. I was shocked and dismayed.”

“I began to seriously doubt that our asset-buying program could work. This pained me, as I had sincerely promoted the purchases to Congress and the public … I dropped a bomb when I informed them we had decided against buying illiquid assets.”

“I headed over to the Oval Office to tell the president that Citigroup was teetering on the brink of failure. ‘I though the programs we put in place had stabilized the banks,’ he said, visibly shocked. ‘I did, too, Mr. President.’”

“I had been falsely reassured by the fact that the markets had supported the bank [Citigroup] for so long.”

“Ken Lewis called to tell me that Merrill Lynch’s fourth-quarter losses were way out of line with what he or anyone had expected.”

“‘Hank, it is worse than any of us imagined,’ Lloyd [Blankfein] said.”

And so, says Mr. Paulson:

“We had no choice but to fly by the seat of our pants, making it up as we went along.”


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