The Deep State and the Unspeakable - Mike Lofgren

"The state within a state is hiding mostly in plain sight.

The pressure to conform to an authority figure or peer group can cause people to behave in shocking ways.

It is not too much to say that Wall Street may be the ultimate owner of the Deep State and its strategies, if for no other reason than that it has the money to reward government operatives with a second career that is lucrative beyond the dreams of avarice— certainly beyond the dreams of a salaried government employee.

The corridor between Manhattan and Washington is a well-trodden highway for the personalities we have all gotten to know in the period since the massive deregulation of Wall Street."

Mike Lofgren

"The unspeakable. What is this?

It is the emptiness of 'the end.' Not necessarily the end of the world, but a theological point of no return, a climax of absolute finality in refusal, in equivocation, in disorder, in absurdity, which can be broken open again to truth only by miracle, by the coming of God.

Those who are at present so eager to be reconciled with the world at any price must take care not to be reconciled with it under this particular aspect: as the nest of The Unspeakable. This is what too few are willing to see.

You are not big enough to accuse the whole age effectively, but let us say you are in dissent. You are in no position to issue commands, but you can speak words of hope.

Shall this be the substance of your message? Be human in this most inhuman of ages; guard the image of man for it is the image of God. You agree? Good. Then go with my blessing."

Thomas Merton, Raids on the Unspeakable

Deep State at Home and Abroad: Mike Lofgren and David Talbot

"Behind the ostensible Government sits enthroned an invisible Government, owing no allegiance and acknowledging no responsibility to the people. To destroy this invisible Government, to dissolve the unholy alliance between corrupt business and corrupt politics, is the first task of the statesmanship of the day."

Theodore Roosevelt, The Progressive Platform


"As societies grow decadent, the language grows decadent, too. Words are used to disguise, not to illuminate, action: you liberate a city by destroying it. Words are to confuse, so that at election time people will solemnly vote against their own interests...

Any individual who is able to raise enough money to be considered presidential is not going to be much use to the people at large. He will represent whatever moneyed entities are paying for him. Hence, the sense of despair throughout the land as incomes fall, businesses fail and there is no redress."

Gore Vidal, The Decline and Fall of the American Empire, 1992


"Last year, pressed by progressive donors at a dinner party to act more like the progressive they thought he was, Obama responded sharply, 'Don’t you remember what happened to Dr. King?'”

Ray McGovern, Doubting Obama's Resolve To Do Right


"The TPP, along with the WTO and NAFTA, is the most brazen corporate power grab in American history. It allows corporations to bypass our three branches of government to impose enforceable sanctions by secret tribunals.

These tribunals can declare our labor, consumer and environmental protections unlawful, non-tariff barriers subject to fines for noncompliance. The TPP establishes a transnational, autocratic system of enforceable governance in defiance of our domestic laws."

Ralph Nader


"Citizens in many countries wonder how certain government policies can persist in spite of widespread popular opposition or clear perceptions that they are harmful. This persistence is frequently attributed to a 'deep state.'

'The Establishment,' as it’s been called in the United States, where it evolved from the Washington-New York axis of national security officials and financial services executives. They are said to know what is 'best' for the country and to act accordingly, no matter who sits in the White House."

Philip Giraldi, America's Establishment Has Embraced 'Deep States'

Taibbi: Eric Holder, Wall Street's Double Agent

"Holder doubtless seriously believed at first that in a time of financial crisis, he was doing the right thing in constructing new forms of justice for banks, where nobody but the shareholders actually had to pay for crime. You've heard of victimless crimes; Holder created the victimless punishment.

But in the end, it was pretty convenient, wasn't it, that "the right thing" also happened to be the strategy that preserved Democratic Party relationships with big-dollar donors, kept the client base at Holder's old firm nice and fat, made the influential rich immeasurably richer and allowed Eric Holder himself to crash-land into a giant pile of money upon resignation.

What a coincidence! In any civilized country, it'd be a scandal. In America, though, he's just another guy selling whatever he can to get by. It was just too bad that what Holder had to sell was the criminal justice system."

Matt Taibbi, Eric Holder, Wall Street Double Agent, Comes In From the Cold

 

Holder was no rogue political appointee.  He was very much in the mainstream of the Wall Street wing of the Democratic Party, founded by the Clintons.  Obama did nothing to reform it and added Big Healthcare and Big Pharma into the corporatist money mix.

 

And so these reformers, throwing their constituency under the bus, have become the facilitators of the deep capture of our regulatory and political system in a bipartisan effort to get rich.

 

This is not to say that these are malevolently evil people by nature.  Although a few are. Most are just people, being carried along by an unsustainable tide of cynicism and personal greed that has imprinted itself on the minds of our privileged elites.  

 

They choose to commit criminal acts through a wonderful power of rationalization, in a downward spiral of moral decline.   One day they wake up and see the monstrous things they may have done, not in one grand moment in the dramatic rejection of the good, but in a thousand small choices and personal exceptions of self-indulgence. 

 

The worldview of the self-appointed elite is that now that I have gone to the right schools, said the right words, protected the right people, taken the right jobs and done the right things, now I get to cash in and get in filthy rich on easy money and the looting of the real economy.  I am finally gettin' paid.  This perverse mindset, which used to be a denizen of rural enclaves and big city bosses is becoming pervasive in Washington and New York.

 

It has all the hallmarks of the kind of dual class system that is specifically prohibited by the framers of the Bill of Rights.  But who will watch the watchers when 'everyone is doing it.'

 

The Banks must be restrained, and the financial system reformed, with balance restored to the economy, before there can be any sustainable recovery.

 

Simon Johnson: Restoring the Rule of Law in Financial Markets

“Crime, once exposed, has no refuge but in audacity.”

Tacitus

With campaign finance reform, the need to reform the financial markets is one of the greatest social policy issues of our time.

Simon Johnson is one of the few 'name' economists who recognizes this and is willing to talk about it.

There is a bitter campaign being waged in the think tanks and the media against reform. The campaign is similar to that which was waged for almost a decade to overturn Glass-Steagall.

Getting rid of bad government by eliminating all government is just giving the real perpetrators what they wish. What we need are the kind of rules and regulation that Simon Johnson and Elizabeth Warren talk about here.

It is the kind of reform that Franklin Roosevelt worked to put into place that lasted for almost 70 years, until the forces of Wall Street were able to guile the people into handing over their pursestrings to them once again.

What is discouraging is the deep involvement of both sides of the aisle in the Congress in enabling this sad corruption of the markets and the financial system--  for money.   And in particular how the moral and intellectual processes of the state have become corrupted by the power of the moneyed interests.

To put a fine point on it, once the professional classes become cowed or corrupt, reform of the process through systemic means is exceptionally difficult.   What we have is deep capture and the credibility trap reinforcing the worst of the abuses through a series of punishments and rewards.

And what may be particularly galling is when insiders who are at the locus of the corruption, like our recent crop of presidential candidates on both sides, talk about how they will change things, while the money is still flowing through their hands, and the spin is flowing out of their mouths.

And alas, even some of the reformers seem more interested in getting some of their own power and money than in promoting real reform.  We have a problem, not at the periphery of our actions, but at the moral root of our thinking.

 

I have always enjoyed listening to economist Robert Johnson's brief excerpt below, because it highlights the very crux of the problem.  Unless some of the well to do and the professional classes shake off the lure of big money and the credibility trap, and start acting responsibly, this is going to end very badly.  

 

And make no mistake, there are some of the self-deluded and their servants who see that turmoil that may come as just another opportunity for their looting and a rise to greater power as they energize the mob for their own ends.  But they forget the great lesson of history, that once the madness is unleashed, it tends to serve none but itself.

 

Why should anyone stop lying and cheating, when they are so profitable under the rule of the modern gods of the market, power and money?   Why stop at all?  And then comes the inescapable agent of the downfall of excess, Nemesis, with all that it implies.

 

I have no illusions.   Given the state of our condition, ninety nine percent of those who read this will go on and do absolutely nothing differently for themselves or their people.   But it is in the moral one percent that there is some hope for peaceful, evolutionary change.

The Banks must be restrained, and the financial system reformed, with balance restored to the economy, before there can be any sustainable recovery.

No More Cheating: Restoring the Rule of Law in Financial Markets

By Simon Johnson

The political debate about finance in the US is often cast as markets versus regulation, as if “more regulation” means the efficiency of private sector decisions will necessarily be impeded or distorted. But this is the wrong way to think about the real policy choices that – like it or not – are now being made. The question is actually what kind of markets do you want: fair and well-functioning, with widely shared benefits; or deceptive, dangerous, and favoring just a relatively few powerful people?

In a speech on Wednesday, Senator Elizabeth Warren (D., MA) laid out a vision for better financial markets. This is not a left-wing or pro-big government agenda. Senator Warren’s proposals are, first and foremost, pro-market. She wants – and we should all want – financial firms and markets that work for customers, that encourage innovation, and that do not build up massive risks which can threaten the financial system and bring down the economy.

Senator Warren puts forward two main sets of proposals. The first is to more strongly discourage the deception of customers. This is hard to argue against. Some parts of the financial sector are well-run, providing essential services at reasonable prices and with sound ethics throughout. Other parts of finance have drifted, frankly, into deceiving people – on fees, on risks, on terms and conditions – as a primary source of profits. We don’t allow this kind of cheating in the non-financial sector and we shouldn’t allow it in finance either.

The unfortunate and indisputable truth is that our rule-making and law-enforcement agencies completely fell asleep prior to 2008 with regard to protecting borrowers and even depositors against predation. Even worse, since the financial crisis, the Securities and Exchange Commission, the Justice Department, and the Federal Reserve Board of Governors proved hard or near impossible to awake from this slumber.

We need simple, clear rules that ensure transparency and full disclosure in all financial transactions – and we need to enforce those rules. This is what was done with regard to securities markets after the debacle of the early 1930s...

Read the entire piece here.

"The problem of the last three decades is not the 'vicissitudes of the marketplace,' but rather deliberate actions by the government to redistribute income from the rest of us to the one percent. This pattern of government action shows up in all areas of government policy."

Dean Baker

"Most of them became wealthy by being well connected and crooked. And they are creating a society in which they can commit hugely damaging economic crimes with impunity, and in which only children of the wealthy have the opportunity to become successful. That’s what I have a problem with. And I think most people agree with me."

Charles Ferguson, Predator Nation

What Then Is Your Point, Mr. Potter?

"The more people rationalize cheating, the more it becomes a culture of dishonesty. And that can become a vicious, downward cycle. Because suddenly, if everyone else is cheating, you feel a need to cheat, too."

Stephen Covey, The Speed of Trust

"The greatest crimes of human history are made possible by the most colorless human beings. They are the careerists. The bureaucrats. The cynics. They do the little chores that make vast, complicated systems of exploitation and death a reality... And they do not ask questions."

Chris Hedges, The Careerists

 

If, as Jamie Galbraith has put it, economics is 'a disgraced profession,' what does it matter, when almost all the professions from medicine to law to finance have also given themselves over to the darkness of this world in high places?

 

Can they be so aloof that they do not see it, see what they are becoming?  See what they serve?

Are they such bystanders that they can no longer even see themselves and where they stand?

Can such a lack of self-awareness be attributed to the blindness of egoism? Or some more profound denial of conscience that rips the very fabric of their reality and its consequences?

Have we finally approached the tipping point of corrosive indifference in our leadership and the careless few, again?

Have the wages of supreme narcissism and exceptionalism finally come to be paid with a third financial crisis, and then another?  And finally the unleashing of madness?

 

It profits a man nothing to give his soul for the whole world... but for a stipend?

 

And when the hard winds of nemesis start howling across the land, where do they think it will end, and who and what do they think will remain standing?

 

A Short Video Primer on the US Debt and Deficit, Hubris, and the Credibility Trap

As I have said on many occasions, the problem is not so much this overblown 'fiscal cliff' and 'debt crisis.' These are spurs to desired action from the status quo.

This is almost an exact replay of the Crash of 1929 and the Great Depression, excepting of course that the US now has a manager rather than a leader.

The problem is the lack of reform of a system that is still given over to malfeasance, and remains badly out of balance.

Shifting the damage that has resulted from financial corruption on to the backs of the weak and the public in order to continue to pamper the predatory class is not the answer. It will only make things worse and at some point most likely tear open the social fabric.

Source

A credibility trap occurs when the regulatory, political and informational functions of a society have been compromised by corruption and fraud, so that the leadership cannot effectively reform or even honestly address the situation without impairing and implicating, at least incidentally, a broad swath of the power structure, including themselves.

The status quo tolerates the corruption and the fraud because they have profited at least indirectly from it, and would like to continue to do so. Even relatively honest reformers within the power structure become susceptible to various forms of soft blackmail and coercion.

And so a failed policy and its support system become almost self-sustaining, long after it is seen by the people to have failed, and in failing becomes a counterproductive force on a sustainable recovery. Admitting failure is not an option for those who receive their power from that system.

The continuity of the structural hierarchy must therefore be maintained at all costs, even to the point of becoming a painfully obvious hypocrisy.

The Banks must be restrained, and the financial system reformed, with balance restored to the economy, before there can be any sustained recovery.

The Secret Deal Between the Democrats and Republicans To Control the Presidential Debates

"The only way to forestall the work of criticism (critical thought) is through censorship, which has the same relation to criticism that lynching has to justice."

Northrop Frye

Would you be surprised to learn that secret deals between the two major US political parties and the major news media control access to the Presidential debates, thereby controlling the discussion, turning them into show pieces and beauty contests obsessed with the trivial and the technicalities of performance art, rather than substantive discussions of the issues?

Did you wonder why third party messages and non-corporately sponsored ideas are completely ignored in the discussions, debates, and for the most part in the 'free press?'

It appears that for at least once the Democrats and Republicans were able to agree on something. They agreed to monopolize access to the presidential debate, with the help of a compliant and greedy corporate media, in a way that would almost certainly violate the antitrust laws, assuming these politicians were subject to any laws but their own.

This is not a serious and original discussion of the issues. This is bread and circuses. Bread for the media and the politicians, and circuses for the people.

A Financial Coup d'Etat and a Credibility Trap - What Must Be Done

These two statements on the credibility trap and reform are from the bottom of my blog, and a permanent fixture to the layout of the site.

I wanted to take a moment to remind you of them, because they can be so easily overlooked. And they often are.

What I say in quite a few words, Chris Hedges says in a fairly pithy manner in the video below. And I think he is right. And this applies as much to Europe and the UK and the Mideast, including Israel, as it does to the US and the rest of the Americas.  Of course one could name many other countries, such as Russia and China, but unfortunately they cannot fall from freedom, because despite the changes in names and slogans and the self-serving advertising campaigns of nationless corporate predators, they already have little or none.

The progressive movement lacks a spine for the moment, and is badly divided over a number of difficult issues which diffuse them, instilling hatred and fear in their hearts, driving out love, and leaving room only for a destructive pride and selfishness.  And the timid thinkers, the so-called intelligentsia, hide in their studies and in their cellars, and in their work, waiting for someone else to do something.

Eventually progressive people will come together or, as Edmund Burke observed, "...they will fall, one by one, an unpitied sacrifice in a contemptible struggle."

To those who say to hell with it, to hell with thinking, to hell with complexity, to hell with others, I say, be careful of the madness which you seek to unleash, because it will come back to consume you and your children, as it has done so many times before, and will do so inevitably again.

This is what I believe is happening now based on a careful reading of history. 

This is not a prediction.  This is a warning for a generation that is being prepared to accept the unthinkable on a much wider scale than they might imagine in their worst nightmares: torture, murder, ethnic cleansing, and repression.  And what is most frightening of all is that they think they are immune to it, because they are so different, so special, so exceptional.  And so they become willfully blind, and in their blindness, may become beasts.

A credibility trap is when the regulatory, political and/or informational functions of a society have been compromised by a corrupting influence and a fraud, so that they cannot address the situation without implicating, at least incidentally, a broad swath of the power structure including themselves.

The status quo has at least tolerated the corruption and the fraud, if not profited directly from it, and most likely continues to do so. The power brokers have become susceptible to various forms of blackmail. And so a failed policy can become almost self-sustaining long after it is seen to have failed, and even become counterproductive, because admitting failure is not an option for those in power.

The Banks must be restrained, and the financial system reformed, with balance restored to the economy, before there can be any sustained growth and recovery.

Robert Johnson: Economists As Marketeers for the Monied Interests

Economics is a disgraced profession because of the actions of a few that were tolerated by many, too often for the sake of grants, appointments, and academic timidity. Careerism.

I would not give many of the Wall Street friendly economists too much credit for an obsession with abstract thinking and even dogmatic blindness, but much moreso a willingly cynical preoccupation with temporal honors, prestige, power, and money handed out by the financial interests in a bubble economy of their own creation.

And there is a fitting emblem for this hubris, the cult of the self, with the long tenure of Alan Greenspan at the Federal Reserve. 

A bureaucrat who is in a position of power for far too long can become a debilitating influence not only on their particular area or department, but on a profession as a whole.  One might think of it as the J. Edgar Hoover syndrome.

Robert Johnson serves as the Executive Director of the Institute for New Economic Thinking (INET) and a Senior Fellow and Director of the Global Finance Project for the Franklin and Eleanor Roosevelt Institute in New York.

Johnson is an international investor and consultant to investment funds on issues of portfolio strategy. He recently served on the United Nations Commission of Experts on International Monetary Reform under the Chairmanship of Joseph Stiglitz.

Previously, Johnson was a Managing Director at Soros Fund Management where he managed a global currency, bond and equity portfolio specializing in emerging markets. Prior to working at Soros Fund Management, he was a Managing Director of Bankers Trust Company managing a global currency fund.

Johnson served as Chief Economist of the US Senate Banking Committee under the leadership of Chairman William Proxmire (D. Wisconsin). Before this, he was Senior Economist of the US Senate Budget Committee under the leadership of Chairman Pete Domenici (R. New Mexico).

Johnson was an Executive Producer of the Oscar winning documentary, Taxi to the Dark Side, directed by Alex Gibney, and is the former President of the National Scholastic Chess Foundation. He currently sits on the Board of Directors of both the Economic Policy Institute and the Campaign for America’s Future.

Johnson received a Ph.D. and M.A. in Economics from Princeton University and a B.S. in both Electrical Engineering and Economics from the Massachusetts Institute of Technology.

Credibility Trap: Why Wall Street Always Wins

There is an interesting new book by Jeff Connaughton called The Payoff: Why Wall Street Always Wins. It describes the lack of the rule of law on Wall Street and the complacency, if not complicity, of the government.

This is the credibility trap, and deep capture. Justice, for some.

Reform is a neglected stepchild, when all serve their own interests first.

Even the first reform movement, The Tea Party, was bought off and diverted by clever ad campaigns, and became the bullyboys for the monied interests. And Occupy Wall Street was broken by the concerted actions of the government. As the facade of fraud stumbled they turned quickly to force. And the public looked on passively, approvingly, pretending confusion and indifference. What do they want?

At the heart of it are the Banks. They must be taken down, broken apart, their ashes scattered, as was done in the 1930's.

I am deeply pessimistic that corporate America will do the right thing for the country as Connaughton suggests, even to save capitalism from themselves. Big business has never stood for the people, and rarely taken the long view. They are dead souls of the status quo. They are the Pax Romana, purveyors of desolation.

"The inability to identify with others was unquestionably the most important psychological condition for the fact that something like Auschwitz could have occurred in the midst of more or less civilized and innocent people. What is called 'fellow traveling' (collaboration) was primarily business interest: one pursues one’s own advantage before all else and, simply not to endanger oneself, does not talk too much. That is a general law of the status quo."

Theodor Adorno

As always, freedom languishes, when the people act foolishly, or not at all. Until things get bad enough, and they do something monumentally stupid by giving power to their oppressors in a fit of fear and reckless anger.

"What I worry about is that when problems are not addressed people will not know who is responsible, and when the problems get bad enough — as they might do for example with another serious terrorist attack, as they might do with another financial meltdown — some one person will come forward and say: ‘Give me total power and I will solve this problem.’

David Souter, US Supreme Court Justice

"Most damningly, Connaughton writes about something he calls "The Blob," a kind of catchall term describing an oozy pile of Hill insiders who are all incestuously interconnected, sometimes by financial or political ties, sometimes by marriage, sometimes by all three. And what Connaughton and Kaufman found is that taking on Wall Street even with the aim of imposing simple, logical fixes often inspired immediate hostile responses from The Blob; you’d never know where it was coming from.

In one amazing example described in the book, Kaufman decided he wanted to try to re-instate the so-called "uptick rule," which had existed for seventy years before being rescinded by the SEC in 2007. The rule prevents investors from shorting a stock until the stock had ticked up in price. "Forcing short sellers to wait for the price to tick up before they sell more shares gives a breather to a stock in decline and helps prevent bear raids," Connaughton writes.

The uptick rule is controversial on Wall Street – I’ve had some people literally scream at me that it doesn’t do anything, while others have told me that it does help prevent bear attacks of the sort that appeared to help finally topple already-mortally-wounded companies like Bear Stearns and Lehman Brothers – but what’s inarguable is that Wall Street hates the rule. Hedge fund types or employees of really any company that engages in short-selling will tend to be most venomous in their opinions of the uptick rule...

Similarly, when Kaufman tried to advocate for rules that would have prevented naked short-selling, Connaughton was warned by a lobbyist that it would be "bad for my career" if he went after the issue and that "Ted and I looked like deranged conspiracy theorists" for asking if naked short-selling had played a role in the final collapse of Lehman Brothers. Naked short-selling is another controversial practice. Essentially, when you short a stock, you're supposed to locate shares of that stock before you go out and sell it short. But what hedge funds and banks have discovered is that the rules provide "leeway" – you can go out and sell shares in a stock without actually having it, provided you have a "reasonable belief" that you can locate the shares.

This leads to the obvious possibility of companies creating false supply in a stock by selling shares they don't have. Without getting too much into the weeds here, there is an obvious solution to the problem, which essentially would be forcing companies to actually locate shares before selling them. In their attempt to change the system, Kaufman and Connaughton discovered that the Depository Trust Clearing Corporation, the massive quasi-private organization that clears most all stock trades in America, had come up with just such a fix on their own. Kaufman recruited some other senators to endorse the idea, and as late as 2009, Connaughton and Kaufman were convinced they were going to get the form. "I said to Ted, 'We’re going to change the way stocks are traded in this country.'"

But before the change could be made, Goldman, Sachs issued "data" showing that there was "no correlation" between naked short selling and price movements. When Connaughton asked an Isakson staffer what the data said, the staffer, intimidated by Goldman, replied, "The data proves we're full of shit." Connaughton looked at the data and realized instantly that it was a bunch of irrelevant gobbledygook, even firing off an angry letter to Goldman telling them the tactic was beneath even them.

But Goldman’s tactic worked. A roundtable to discuss the idea was scheduled by the SEC on September 24, 2009. Of the nine invited participants, "all but one" were for the status quo. Connaughton expected the DTCC representatives to unveil their reform idea, but they didn’t:

Afterwards, I went over to [the DTCC representatives] and asked, "What happened?" Sheepishly, and to their credit, they admitted: "We got pulled back." They meant: by their board, by the Wall Street powers-that-be..."

Matt Taibbi, A Rare Look At Why the Government Won't Fight Wall Street

Matt Taibbi and Eliot Spitzer Discuss Eric Holder's (and Obama's) Failure: Credibility Trap

The failure of Obama's Justice Department to engage in any systemic investigations and indictments of a thoroughly rotten and corrupt financial system that has laid waste to the real economy is an almost perfect example of the credibility trap.

A credibility trap is when the regulatory, political and/or informational functions of a society have been compromised by a corrupting influence and a fraud, so that they cannot address the situation without implicating, at least incidentally, a broad swath of the power structure. The status quo has at least tolerated the corruption and the fraud, if not profited directly from it, and most likely continues to do so.  The power brokers have become susceptible to various forms of blackmail.  And so a failed policy can become almost self-sustaining long after it is seen to have failed, and even become counterproductive, because admitting failure is not an option for those in power.

Another example is the blatant fraud, and principles not of productivity but of prey, that prevail on the financial asset exchanges and the monetary system, the stealing of customer funds, and the manipulation of commodity markets such as silver. And it expresses itself in the frivolous coarseness of spectacle, and careless brutality of decline.

"Happy Hunger Games. And may the odds be ever in your favor."

Normally a two party system or a balance of powers would correct such a situation, but if the fraud is pervasive and enduring enough, those remedies can lose their effectiveness since the fraud binds even seemingly diverse elements in its grasp. And therein lies the trap.

There is a general loss of honor, a disparagement of moral principles, the common welfare, and a sense of 'service.' People in power are creatures of the system, 'getting their ticket punched' in Washington, as resume builder on their way to an even more lucrative position back in the corrupt system where they can leverage their connections and knowledge of the system to further undermine the rule of law. Their guiding principles are self-referential greed and power.

After one of the most outrageous periods of widespread fraud in a major developed country, prosecutions for fraud are at twenty year lows.  Who expected this outcome from an election in which the theme was change and reform?

Here is a recent article, Why Can't Obama Bring Wall St to Justice, asking the broader question inferred by this video interview. Why?  And the answer is not to be found in making excuses and allowing him to hide behind the incompetency or disengagement defense so popular in American management circles.

And if you think that voting for the other guy in this case, the emotinally engaging but fatally flawed red v. blue paradigm, is going to provide a cure you are sadly mistaken. The other guy in this case is the poster child for most of the problems that face a nation under siege by a financial elite engaged in an economic, ideological, and political coup d'etat.

As Glenn Greenwald recently put it:

"You can often, and I would say more often than not, in leading opinion-making elite circles, find an expressed renouncement or repudiation of that principle [of the rule of law]...All of these acts entail very aggressive and explicit arguments that the most powerful political and financial elites in our society should not be, and are not, subject to the rule of law because it is too disruptive, it is too divisive, it is more important that we should look forward, that we find ways to avoid repeating the problem...the rule of law is not that important of a value any longer...

The law is no respecter of persons, but the law is also a respecter of reality, meaning if it is too disruptive or divisive that it is actually in our common good, not the elite criminals, but in our common good, to exempt the most powerful from the consequences of their criminal acts, and that has become the template used in each of these instances."

And thanks to the apathy of the people and the gullibility of the badly used, self-proclaimed 'patriots' they are winning.

“The disposition to admire, and almost to worship, the rich and the powerful, and to despise, or, at least to neglect, persons of poor and mean condition is the great and most universal cause of the corruption of our moral sentiments.”

Adam Smith

Such unsustainable social arrangements are backed by force and fraud. And as the fraud loses its power over time, force must increase, until there is an end in genuine reform, or a terrible self-destruction.

CNBC's Heavy-Handed Advocacy For Wall Street Is Painfully Evident in This Neil Barofsky Interview

Heavy handed and amateurish performance by the 'journalists' was the name of the game in this interview which CNBC conducted with former TARP inspector general Neil Barofsky.

I think Barofsky was taken aback and kept off balance for much of the interview, and did not present some of the alternatives to TARP that could have been discussed in a more intelligent and less adversarial venue.  I would have thought a former federal prosecutor would have been tougher, but I think he came in expecting a rational discussion and not a tag team group takedown.

This performance represents the level of journalistic quality and objectivity of its parent NBC, which is one of the corporate arms of General Electric.   And such a disregard for any pretense to journalistic principles is no longer the exception.

Maybe I am missing something but it seems astonishing that a major financial network can feature a stock advisor who bragged on tape about how he used reporters for planting stories favorable to his market manipulation to cheat the public when he ran a hedge fund, and apparently sees nothing wrong with it, up to and including breaking the law.

How cynical can a people get? How blindly worshipful of 'success?'

This calls to mind the interview that CNBC had with the California Attorney General who had the presence of mind to just stop the interview and ask the 'journalist,' "Are you pimping for (State Street Bank) the defendant?"

There was a time indeed when the financial journalists were paid for pimping for Wall Street, as recounted in the Congressional testimony of A. Newton Plummer, who had kept a suitcase full of the canceled checks which he had delivered to almost every journalist on the Street. The pool operators of the 1920's paid financial journalists to run stories favorable to their market aims.

A. Newton Plummer subsequently wrote a book about it, and his testimony to the Congress, that had a very limited run. I picked up a copy during my research phase in the late 1990's.

So as you can see, the integrity of journalism in reporting financial news is not merely an idealistic and theoretical concern during periods of excess and subsequent change. It is one of the major elements of corruption and therefore of reform. And laws were put in place to ensure fairness and diversity in the news media. And they were much later knocked down during 'the great deregulation' when ideology and PR campaigns trumped experience once again.

Do people still go to journalism schools and subscribe to certain principles that we used to take for granted that would be put forward if not always upheld?

How are the mighty fallen.

Here is a link to the interview at the CNBC site in case there are problems with access to it here.

Note:  Business Insider also covered this interview.  Their story here includes some of the tweets which Barofsky sent after the show.

Official Corruption in Russia: The Torture and Death of Sergei Magnitsky

"Justice in these circumstances turns into a process of grinding human flesh, making mincemeat for prisons and camps. It is a process in which people can neither effectively defend themselves, or even realize what is happening to them. One can only think about when it will end."

Sergei Magnitsky

I know this is going to upset some people, including some that I like and respect. But it needs to be said.

There is quite a bit of romantic talk going around these days about what it is like living and doing business in Russia and China.

Although I have not personally been in Russia since the 1990's I do keep in touch with people I have known there. Less so for mainland China I regret.

Even in the 90's, during the breakdown and collapse of the ruble, and the wild west rise of the oligarchs and Mafia, if you were a pampered guest of the power brokers things could look pretty good, at least on the surface.

This is an old, old story. Life is always good at the top, and people see what they wish to see. If you do not believe this, read the accounts of visiting journalists at the Berlin Olympics of 1936.

Oligarchies are by their very nature corrupt. And the brutality and indifference to human rights that marks a government by dictatorship, of the supremacy of state power whether it is of the left or of the right, does not change all that much when it takes on the more finely tailored veneer of oligarchic capitalism. They just become more concerned about image.

Whatever one wishes to call it, crony capitalism, or to a greater degree state fascism, is still a system of the few exploiting the many, and enforcing their will with increasingly brutal repression as needed, just using different language and methods from time to time, and place to place.

People who believe in sustained, benevolent dictatorships are wonderfully self-deluded.  Or just rooting for 'the home team.'

Oh yes, I know, this story of what happened to Sergei Magnitsky was just the act of a few rogue policemen, and government and court officials.  Unfortunate, but nothing to see here, move along.

Fascism is corporatism, state sanctioned crony capitalism if you will, plus murder.

Even early on, as he was being lionized by his fawning corporate supporters in the West, Mussolini was little more than a brutal, narcissistic gangster and violent thug.

I am not saying that from a purely practical standpoint one cannot do business with or invest in any type of government, not at all. And some of the former dictatorships, or more properly captive states whom the West abandoned, of Eastern Europe that are now free are wonderful places to visit and do business. Even during their transition phase, which could be a little dicey, the difference was marked. Although again, it is not the same as home, and one must make allowances.

One can do business almost anywhere. Even a relatively small player such as myself has done it, I have had business dealings in well over fifty countries in my own modest corporate career. And because of the nature of what I did, providing communications to news agencies, multinational corporations, and a variety of official entities, not every place was cordial or safe.

But have no illusions. Not everyplace is the same, and not every corruption rises to the same degree. I liked China, and I love Russia and its wonderfully poetic people. But I do not love their form of government, even now, when things, compared to the Stalin years, are like a summer vacation. 

As for the West, with corruption as bad as it is, if you think this is really bad, then you ain't seen nothing yet. And I hope you don't, but the trend concerns me.  This Hermitage Fund fraud sounds like the bank bailouts.  But that is not the worst.  I have seen what it can be like, especially during a time of intense financial and monetary turmoil.

"On the night of 16 November 2009, Sergei’s condition became critical. Only then did they move him to a prison with an emergency room. However, when he arrived, he wasn’t treated, but was put into an isolation cell and chained to a bed.

Eight riot guards with rubber batons then entered the cell and beat him until he was dead. He was 37 years old."

Bill Browder, Turning the Tables on Russia's Elite: The Story Behind 'The Magnitsky Act'

The Magnitsky Act is currently being considered by the US House of Representatives. Here is a recent story on it by The Washington Post: The Kremlin's Blacklist.

And in addition to passing laws and pointing out the faults in another, and deservedly so, I hope the Justice League of America can take a lesson from it. Because that brutal carelessness towards the weak, and the individual, the progressive reformer, and the unfortunate other is exactly where they are heading in their untempered extremism and unbridled greed.

Violent, careless talk desensitizes a people, and too often presages violent careless actions.

No Justice: SEC Probes Lehman For Three Years, Recommends Nothing

Corruptio optimi pessima.
(The best things when corrupted become the worst.)

Aristotle, Nicomachean Ethics

Not even a wristslap.

Well at least the SEC released its report. The craven curs and hypocrites at the CFTC have been studying the criminal manipulation of the silver market for more than four years, and as of yet have not even had the decency to release their findings, and then proclaim they will do nothing about it.

It is the contempt of vultures. The more you take it, the bolder they become.

But not to worry, you will be able to vote for 'change' again in November.

There will be another financial crisis. And there will be another bailout. And you will take it and do nothing, except perhaps grumble quietly and draw comfort with the thought, 'Thank God, at least we are not socialist like Europe.' Before it is over they may do monstrous things in your name, and you will avert your eyes and say nothing.

"For what does it profit a man, if he shall gain the whole world, but lose his soul?"

There is little downside to white collar crime, and accounting fraud has been effectively decriminalized in the acceptance of Lehman's 'Repo 105.'

Nothing is safe.

Deep Capture the Movie.

Bloomberg
SEC Staff Said to End Lehman Probe Without Seeking Action
By Joshua Gallu
May 24, 2012

U.S. Securities and Exchange Commission investigators have concluded their probe of possible financial fraud at Lehman Brothers Holdings Inc. and determined that they will probably not recommend any enforcement action against the firm or its former executives, according to an excerpt of an internal agency memo.

The agency has been grappling with the case for more than three years amid questions from lawmakers and investors as to whether Lehman misrepresented its financial health before filing the biggest bankruptcy in U.S. history in September 2008.

Under a heading reading “Activity in Last Four Weeks,” the undated document reads, “The staff has concluded its investigation and determined that charges will likely not be recommended.”

SEC officials didn’t dispute the authenticity of the memo or its contents.

Pressure on the agency to punish any wrongdoing related to Lehman’s collapse escalated after Anton Valukas, the court- appointed bankruptcy examiner, found the firm misled investors with “accounting gimmicks” that disguised the firm’s leverage.

Senior officials have been reluctant to formally close the matter even though investigators found a lack of evidence of wrongdoing, according to people with direct knowledge of the matter. The officials have weighed issuing a public report on their findings that would stop short of an enforcement action while describing questionable conduct...

Read the rest here.

On Obama's Failure To Carry Out His Elected Mandate To Reform

"First is the danger of futility; the belief there is nothing one man or one woman can do against the enormous array of the world's ills -- against misery, against ignorance, or injustice and violence. Yet many of the world's great movements, of thought and action, have flowed from the work of a single man. A young monk began the Protestant reformation, a young general extended an empire from Macedonia to the borders of the earth, and a young woman reclaimed the territory of France. It was a young Italian explorer who discovered the New /world, and 32 year old Thomas Jefferson who proclaimed that all men are created equal. "Give me a place to stand," said Archimedes, "and I will move the world."

These men moved the world, and so can we all. Few will have the greatness to bend history; but each of us can work to change a small portion of the events, and in the total of all these acts will be written the history of this generation. Thousands of Peace Corps volunteers are making a difference in the isolated villages and the city slums of dozens of countries. Thousands of unknown men and women in Europe resisted the occupation of the Nazis and many died, but all added to the ultimate strength and freedom of their countries. It is from numberless diverse acts of courage such as these that the belief that human history is thus shaped.

Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring those ripples build a current which can sweep down the mightiest walls of oppression and resistance...

The second danger is that of expediency; of those who say that hopes and beliefs must bend before immediate necessities. Of course if we must act effectively we must deal with the world as it is. We must get things done.

But if there was one thing that President Kennedy stood for that touched the most profound feeling of young people across the world, it was the belief that idealism, high aspiration and deep convictions are not incompatible with the most practical and efficient of programs -- that there is no basic inconsistency between ideals and realistic possibilities -- no separation between the deepest desires of heart and of mind and the rational application of human effort to human problems.

It is not realistic to solve problems and take action unguided by ultimate moral aims and values, although we all know some who claim that it is so. In my judgement, it is thoughtless folly. For it ignores the realities of human faith and of passion and of belief; forces ultimately more powerful than all the calculations of our economists or of our generals. Of course to adhere to standards, to idealism, to vision in the face of immediate dangers takes great courage and takes self-confidence. But we also know that only those who dare to fail greatly, can ever achieve greatly.

It is this new idealism which is also, I believe, the common heritage of a generation which has learned that while efficiency can lead to the camps at Auschwitz, or the streets of Budapest; only the ideals of humanity and love can climb the hills of the Acropolis.

A third danger is timidity. Few men are willing to brave the disapproval of their fellows, the censure of their colleagues, the wrath of their society. Moral courage is a rarer commodity than bravery in battle or great intelligence. Yet it is the one essential, vital quality for those who seek to change the world which yields most painfully to change. Aristotle tells us "At the Olympic games it is not the finest or the strongest men who are crowned, but those who enter the lists. . .so too in the life of the honorable and the good it is they who act rightly who win the prize." I believe that in this generation those with the courage to enter the conflict will find themselves with companions in every corner of the world.

For the fortunate amongst us, the fourth danger is comfort; the temptation to follow the easy and familiar path of personal ambition and financial success so grandly spread before those who have the privilege of an education. But that is not the road history has marked out for us. There is a Chinese curse which says 'May he live in interesting times.' Like it or not, we live in interesting times. They are times of danger and uncertainty; but they are also the most creative of any time in the history of mankind. And everyone here will ultimately be judged -- will ultimately judge himself -- on the effort he has contributed to building a new world society and the extent to which his ideals and goals have shaped that effort."

Robert F. Kennedy, Cape Town, South Africa, 6 June 1966

Shortly After the Comex Close Gold Is Allowed to Trade Above 1200

Gold traded all day below 1200, at times rising to within fifty cents of the key strike price of 1200 where a large concentration of call options were clustered.

Well, since the call options at 1200 have expired worthless, why bother using the energy to continue to suppress the price?

Blatant and arrogant price fixing is done with the cooperation of the regulators at the CFTC who are willing to turn a blind eye to repeated price manipulation by insiders in the US futures markets in precious metals, stock indices, and several key commodities including oil and foodstuffs.

Here is some commentary from the April expiration in silver. Release the Kraken.

Release the Kraken: Silver Market Price Rebounds After Sharp Price Drop for Options Expiration

"Corruption is a tree, whose branches are
of an immeasurable length: they spread
Everywhere; and the dew that drops from thence
Hath infected some chairs and stools of authority."

Beaumont and Fletcher, The Honest Man's Fortune

The silver market is rallying strongly today, after the recent dip in price below $18 with respect to the options expiration and delivery dates for the May contract earlier this week. When futures options are filled, one is not paid in cash, but instead they receive active futures contracts at the strike price.

The market game is to either get the front month price below the key strike prices before the expiry to make the options worthless, or to take the price down below the strikes the day after to run the stops of the contract holders. The market makers can see the relative levels of holdings in market in near real time, privileged information not permitted to the average investor.



Three or four banks are short more silver on the COMEX than can easily be attributed to legitimate forward sales or hedging for all the miners in the entire world, for years of production. Granted, it is hard to determine what the truth is because they are allowed to hide their actual positions and collateral, so as to be able to make their leverage and risk difficult to determine. It's the obsessive secrecy for improbable positions and returns that is the tell in most market manipulation and schemes such as Madoff's ponzi investments.

Goldman Sachs was able to obtain the exemptions of a hedger in the markets through contrivance, for the purpose of their proprietary speculation. But if Goldman is the vampire squid, then J. P. Morgan is the kraken of the derivatives markets, having less leverage than the squid as a percentage of assets, but significantly more reach and nominal size, positions which seem almost impossible to manage competently against value at risk in the event of a very modest market dislocation. And of course the risk which a miscalculation presents could shake a continent of counterparties. These oversized positions appear to be integral to the misprision of legitimate price discovery that is at the heart of derivatives frauds in other markets.

The 4Q '09 report from the Office of the Comptroller of the Currency reports that "The notional value of derivatives held by U.S. commercial banks increased $8.5 trillion in the fourth quarter, or 4.2%, to $212.8 trillion." J.P. Morgan alone has a total derivatives exposure that is larger than world GDP. Granted, by far most of these derivatives are based on interest rates, which are largely under the nominal control of Wall Street's creature, the Fed, at least for now.

Here is a description of the derivatives market by Carl Levin that seems appropriate to the current situation, but also to other market dislocations such as that of LTCM which foundered through the misapplication of risk management assumptions to enormously outsized positions.

"Ordinarily, the financial risk in a market, and hence the risk to the economy at large, is limited because the assets traded are finite. There are only so many houses, mortgages, shares of stock, bushels of corn, [bars of silver], or barrels of oil in which to invest.

But a synthetic instrument has no real assets. It is simply a bet on the performance of the assets it references. That means the number of synthetic instruments is limitless, and so is the risk they present to the economy...

Increasingly, synthetics became bets made by people who had no interest in the referenced assets. Synthetics became the chips in a giant casino, one that created no economic growth even when it thrived, and then helped throttle the economy when the casino collapsed."

These bets can be used to overwhelm the clearing price of physical bullion. Further, these bets distort markets, and those markets have an impact on the real commodity supplies and the economy, in the form of artificial oil and energy shortages for example as in the case of Enron. And given enough time these distortions can, through misallocation of resources, capital and labor, create real systemic shortages in key commodities that can take years to remedy, in addition to the short term damage and pain they inflict on countries whose economies rely on commodity exports.

Perhaps Senator Levin can reuse this quote when he questions CFTC Chairman Gary Gensler, another Goldman alumnus in government, and Sandy Weil's protege Jamie Dimon, when the Congress holds hearings on the defaults in the commodity markets and the requested bailouts of the banks who were holding enormously leveraged derivatives positions.

Unless, that is, the bailouts are conducted in secret, as Mr. Gordon Brown may have done for the bullion banks when he sold England's gold for a pittance. It is hard to know the facts of that sale because it has been hidden away by the Official Secrets Act. That type of bailout would be hard to do with silver, since the US has long since depleted its official holdings, and has trouble keeping its own mint in supply. But such a bailout might be done with the gold in Fort Knox and West Point, or the oil in the Strategic Reserve. And cash settlement is always an option, since the Fed does own a printing press.

I know this sounds a bit much at times, and there are plenty who will tell you to ignore it and move along. Tinfoil hat and all that. And it is natural to grow tired of it, to wish it would just go away. I know that I do.

But these things have happened, and continue to happen, and if you do not understand even now how the government and the banks are acting together in the the shadows for the benefit of the monied interests, you have not been following the news. Or perhaps you have, since the mainstream media largely ignores it, and investigates little or nothing, preferring the less expensive route of chairing phony debates between vested insiders, shameless promoters and paid position whores known as 'strategists.' The financial medai seems to have led the way on this, turning their 'news coverage' into an extended infomercial.

It is a dirty, shameful lapse in stewardship, and an overall failure in the upholding of oaths and responsibilities in public figures and officials. I have not seen anything like it since the Watergate trials which seemed to drag on interminably, and the scandalous behaviour and abuses that were exposed in the Nixon Administration. And it has only just begun to come out, but slowly. Because this time the US lacks a truly independent press that respects and investigates the evidence provided by whistle blowers, and is willing to question the sham explanations of the powerful insiders in the government and the financial sector.

And no one in power is recording anything for posterity, at least not voluntarily.