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New Pecora Commission Looks Unlikely To Aggressively Probe Financial Mess
Earlier this week, we told you over at TPMDC about the newly named members of what's being called the Pecora II commission, which has been given the crucial task of getting to the bottom of the financial crisis.
The stakes are high here. If we're ever to come to a full understanding of the causes of an episode that has created enormous pain, dislocation, and anxiety for a large number of Americans -- allowing us to craft policies to ensure it doesn't recur -- we need an effective commission. In other words, one that's capable of conducting an aggressive investigation that goes after the truth and lets the chips fall where they may, even if that means publicly calling out powerful Wall Street interests and lax Washington regulators. And not one that settles for making a few polite recommendations while protecting its political overseers -- as too many Washington commissions have done in the past.
But so far, the evidence suggests that's not what we're likely to get.
From the start, Congressional Republicans managed to game the rules of the commission so as to allow their appointees to effectively hamstring it. Then, they named commissioners -- particularly their choice for the powerful vice chair post -- whose backgrounds suggest they're likely to do just that.
The panel is made up of six Democratic appointees and four Republican ones -- but without the ability to issue subpoenas, it's largely toothless. And the final bill requires that for it to do so, at least one of the commission's Republicans must vote in favor -- a change from the original language, which required only a majority vote or the agreement of the chair and vice chair. A Senate staffer told TPMmuckraker that Republicans threatened to withdraw their support for the whole idea of a commission if this change wasn't made.
In other words, because congressional Republicans -- led by John Boehner and Mitch McConnell -- played hardball, the commission's GOPers can effectively neuter the panel if they stick together.
None of the three rank-and-file Republican appointees seem like good candidates to break ranks. Peter Wallison is a fellow at the American Enterprise Institute, who has been a prominent advocate of the favored conservative notion that Fannie Mae and Freddie Mac are the true culprits in the crisis, and who argued this week in the Washington Post against creating a consumer protection commission for financial products -- an idea seen by many as a cornerstone of any effort to reform the financial regulatory system. Doug Holtz-Eakin, for his part, was John McCain's top economic adviser at the time when the GOP presidential nominee declared the fundamentals of the economy strong. And Keith Hennessey is a former economic adviser to President Bush and a former aide to Sen. Trent Lott.
But it's the identity of the Republican-appointed vice chair -- whose support is required by law for the commission to perform several other key functions, like hiring staff -- that's the really ominous sign. That's Bill Thomas, the Republican former congressman from California, who earlier this decade chaired the House Ways and Means committee.
During his years in Congress, Thomas, who now works for a major DC lobbying firm, acquired a reputation as a smart, highly-skilled and acutely partisan supporter of big business, who once tried to have Democrats forcibly ousted from a capitol meeting room, and was accused of being literally in bed with a corporate lobbyist.
Thomas was known in part for his surly manner -- Hill staffers named him both the meanest and the hottest-tempered member of the House in a survey conducted by the Washingtonian magazine (he came in second on "brainiest"). Even the normally courteous Washington Post referred in a straight news story to his "abrasive manner" and judged that his "self-confidence borders on arrogance."
Thomas was also a committed partisan. In 2003, he was forced to apologize on the House floor after summoning Capitol Police and ordering them to forcibly evict Democrats from a meeting room amid a spat over pension legislation. (The officers declined to do so.)
And in late 2006, after Republicans had lost control of Congress, Thomas reportedly used his last days before retiring to pursue a scorched earth strategy, playing budgetary tricks to preemptively sabotage the incoming Democrats' agenda.
As the Wall Street Journal reported (sub. req.) at the time:
Like a retreating army, Republicans are tearing up railroad track and planting legislative land mines to make it harder for Democrats to govern when they take power in Congress next month.Already, the Republican leadership has moved to saddle the new Democratic majority with responsibility for resolving $463 billion in spending bills for the fiscal year that began Oct. 1. And the departing chairman of the House Ways and Means Committee, Rep. Bill Thomas (R., Calif.), has been demanding that the Democrat-crafted 2008 budget absorb most of the $13 billion in costs incurred from a decision now to protect physician reimbursements under Medicare, the federal health-care program for the elderly and disabled.
The unstated goal is to disrupt the Democratic agenda and make it harder for the new majority to meet its promise to reinstitute "pay-as-you-go" budget rules, under which new costs or tax cuts must be offset to protect the deficit from growing.
But it's Thomas's ties to business interests that bode perhaps most poorly for the commission's chances. As Ways and Means committee chair, Thomas helped pass Bush's business-friendly 2001 tax cuts, and he also played a key role in the 2003 Medicare Prescription drug bill. As Ezra Klein, writing last year in the American Prospect, put it, Thomas "larded the legislation with health savings accounts, private insurers in Medicare, a prohibition barring the government from bargaining down drug prices, and much else on the conservative wish list." According to other reports, Thomas received significant contributions from hospital chains and other industry groups that had a major stake in the legislation.
Those ties to business interests also seeped into Thomas's personal life.
The Bakersfield Californian reported in 2000 that the married Republican was enjoying an "intensely personal relationship" with a woman named Deborah Steelman. That would have been between Steelman, Thomas, and his wife -- except for the fact that Steelman was a Washington lobbyist who had represented companies like Johnson & Johnson, Bristol-Myers, Squibb and Pfizer that had crucial business before Thomas's committee. Neither Thomas nor Steelman denied charges of an affair.
Since Thomas left Congress, his ties to corporate interests don't appear to have loosened. In 2007, he joined the powerhouse Washington lobby firm Buchanan Ingersoll and Rooney. Interestingly, Thomas didn't register as a lobbyist, according to Ron Platt, who at the time ran the firm's government relations sector. Instead, Platt told TPMmuckraker, Thomas provided strategic advice for the firm's corporate clients, and helped its lobbyists anticipate future policy directions, particularly on health-care issues, his specialty.
Still, Thomas brought with him to Buchanan Ingersoll a longtime top aide, Bill Winters, whose own lobbying work for Buchanan may offer a window into his boss's milieu -- as well as raising issues in its own right. According to lobby disclosure reports examined by TPMmuckraker, in the last two years Winters has represented some of the very financial institutions -- including SIFMA, the key trade group for the securities industry, as well as PNC Financial bank -- that would be most threatened by an aggressive Pecora commission. One wonders whether Winters will be lobbying his longtime boss.
We hate to be cynical. But based on how things have started off, it's hard to have much confidence that this much ballyhooed effort is going to be able to get to the bottom of its own arse, much less one of the most complex and harmful financial crises in history.

















Why is it that the utterly defeated (and rightly so) Republicans are still powerfuil enough to block EVERY FUCKING SINGLE DEMOCRATIC INITIATIVE?
WWhatever ever happened to "You'll get nothing and like it?"
Apparently that one nut of Obaama's is the only one possessed by the entire Democratic Party in Washington.
July 17, 2009 10:04 AM | Reply | Permalink
It's so frustrating. What did the Democrats even think they could gain by setting up a commission and allowing the GOP to hamstring it?
July 17, 2009 10:15 AM | Reply | Permalink
Bipartisanship, of course.
July 17, 2009 10:56 AM | Reply | Permalink
The last thing in the world that the politicians in Washington want is to be forced to acknowledge the causes of the economic meltdown. Nothing will be done that would lead to them doing that. This hamstrung commission is as much desired by Democrats as Republicans. But, this way we can blame the Republicans for the failure.
July 17, 2009 10:17 AM | Reply | Permalink
I couldn't agree more and, if possible, the Dems are even more despicable than the Thugs because the Dems go around posing as champions of social, economic and political justice.
Frankly, this whole economic mess seems to me to be a case of Wall Street (re)catching the gambling habit and running with it. And now, of course (where else can it come from) we have to pay off their gambling debts. And I have a sinking feeling that rather than forcing them to go to Gamblers Anonymous, their gambling addiction will be allowed to play itself out yet again, and again, and we'll continue to pay off their debts, again and again. Revolting.
July 17, 2009 10:44 AM | Reply | Permalink
I have to agree with you on this. Both repuglicans and Democrats would have a lot of explaining to do if the truth were made public - they could very well be voted out of office if the truth surfaces before the elections. By letting the repuglicans take ownership of turning the commission into a farce, it gives the Democrats the chance to save face and cover their asses all in the same stroke.
July 17, 2009 1:16 PM | Reply | Permalink
This is the Kabuki most Dems in DC engage in, they allow the GOP to neuter potentially effective commissions and legislation, then throw up their hands as if they are powerless to do anything.
The system is totally broken, it's all a farce.
July 17, 2009 10:40 AM | Reply | Permalink
A revolting farce. Yes.
July 17, 2009 10:53 AM | Reply | Permalink
Oh, for pity's sake, commissions almost never accomplish anything, are never meant to accomplish anything. Look at the pitiful 9/11 commission. Commissions are simply a platform for politicians to posture. Surely there are other options. What about appointing an Independent Counsel?
July 17, 2009 11:07 AM | Reply | Permalink
I'll drink to that! An independent counsel not obliged to any Party would run amok and dig up the dirty laundry everyone is hiding. It's the only way to avoid political partisanship bent on making any investigation a waste of time and taxpayer resources.
July 17, 2009 1:21 PM | Reply | Permalink
You would do to learn some history.
The original Pecora Commission actually accomplished quite a bit.
That was, of course, following the first Republican Great Depression, in the 1930s, before the corporate takover of Washington and of the Democratic Party was complete. That's why commissions now are largely whitewashes. But it wasn't always so, and it needn't be so now.
More from Robert Kuttner here.
July 20, 2009 8:46 PM | Reply | Permalink
The problem with the Democrats is that most are owned by the same people that own the Republicans, the money changers.
When the most important thing in your life is to protect your seat in the House or Senate then it follows that you will allow the money changers to wrap a dog collar with chain around your neck.
July 17, 2009 11:09 AM | Reply | Permalink
For those who are puzzled by this, I can explain.
Democrats feign helplessness in order to obtain results that they want but their constituents, or sometimes the broader Democratic base, oppose. The Republicans are "cover."
So, Democrats contrive to lose in negotiations like this so that the financial industry won't be threatened.
Why would they want that outcome? The finance industry provides much of the funding for the Democratic party. The Democratic Senatorial Campaign Committee has raised vast amounts of funding from Wall Street via its chair, Senator Schumer. Obama raised three times as much from Wall Street as McCain, and it was the business sector that donated the most of any to his campaign, as I recall.
If you look at recent history through that lens, it explains a lot. What would be truly surprising would be effective investigation or regulation of Wall Street. No surprises yet.
July 17, 2009 11:11 AM | Reply | Permalink
Bill Thomas may have met his match in the Commission's chair, Phil Angelides, who is at least as aggressive and smart as Thomas, but also a very smooth operator when he needs to be. Nancy Pelosi chose him for good reason. He's a tough knife-fighter, a brilliant strategist and a strong progressive. Not the mediagenic personality that was needed to defeat Schwarzenegger in 2006, but he should be well suited to this role.
July 17, 2009 11:25 AM | Reply | Permalink
Given Obama's extremely naive and frankly dumb devotion to a mythical bipartisanship that will never exist in reality, and given the pathetically toothless nature of the vast majority of Congressional Democrats, this situation was inevitable from the start.
Of course, it will be Obama and the Dems who will get whatever blame that comes for a commission that doesn't achieve a damn thing.
July 17, 2009 12:22 PM | Reply | Permalink
bluestate,
maybe Obama's brand of bi-partisanship is actually a form of partisanship as it seems like Obama is continuing Republican/Bush/Cheney causes as his own. Maybe what we're getting from Obama is partially 'a partisanship of ideas'.
This is not the Obama I supported during the campaign; I'm disappointed with probably 80% of decisions that come out of this White House.
The Liberal Obama who campaigned has become the reincarnation of Clinton, the Republican lite President.
July 17, 2009 12:40 PM | Reply | Permalink
John, the Obama who campaigned with speeches, and the Obama who authored or approved position papers during the campaign, were never quite the same person. The Obama of the position papers is the one who is President today. As best I recall, all of Obama's decisions are consistent with his position papers. My raging enthusiasm for him took a hike while I was studying those position papers looking for good quotes and ideas to use for local campaign leaflets for him. That was when I realized that he was and is primarily a centrist, not too dissimilar to Bill Clinton.
When people used to ask me why I supported him, and that included news reporters, too, my answer was always that he had a unique ability to speak to us, and do so convincingly, and that the coming huge problems facing our country would require major sacrifices on our part, and we needed a leader who could convince us to make those sacrifices. That usually resulted in the total loss of interest in discussing this on the part of the reporter or other person.
I haven't changed my mind about this.
July 18, 2009 10:54 AM | Reply | Permalink
hoppy,
thanks a bunch for the info on the position papers; sad to say I wasn't aware of them, I was swayed by his populist rhetoric.
A man my age should be ashamed of himself for being taken in so easily, thinking Obama was someone who would actually represent the 85/90% of the public who have lost their representation over the last 30 years.
After Obama was elected I said he has a chance to either go up on Mount Rushmore or become the best snake oil salesman to ever occupy the oval office.
Its obvious that Mount Rushmore is now out of the question.
July 19, 2009 9:17 AM | Reply | Permalink
How about a truly independent fact-finding commission by a non-profit entity such as the Carnegie Endowment or another respected foundation? The original Pecora commission did the country an enormous service. The times and the country's financial situation demand that Pecora II do more, not less.
July 17, 2009 3:04 PM | Reply | Permalink
PushMe,
are you out of your mind? What you are suggesting is a group that will discover and report on, the truth, the whole truth and nothing but the truth.
You are completely out of order!
July 19, 2009 9:20 AM | Reply | Permalink
Looked around to see where Battlin' Bill Thomas parked his carcus in DC after retiring.
Found this: http://bipc.com/news.php?NewsID=3279
Maybe Buchanan Ingersoll & Rooney's Federal Government Relations Section should be asked about people on their payroll also being on the government commission, and if they'll be making a press release announcing the appointment?
Why not ask them?
T: 202 452 7900
F: 202 452 7989
1700 K Street, N.W., Suite 300
Washington, DC 20006-3807
July 17, 2009 8:27 PM | Reply | Permalink
Phil Angelides is an excellent choice to be head of this commission. He will protect the rights of consumers. He clearly has the track record of intelligence, integrity and competence that is needed. It is sad for the State of California than Mr. Schwarzenegger’s higher personality profile attracted more votes in the 2006 gubernatorial election. Gov. Schwarzenegger is an imposing actor but his rigid conservative mindset is responsible for fomenting the partisan infighting mess that has crippled California’s budgeting and lawmaking process for the last 3 years. Having said all that be clear about the fact that Mr. Angelides is certainly not anti-business as he was very successful in real estate development. And he has very close ties to billionaire philanthropist Angelo Tsakopoulos.
July 19, 2009 4:02 PM | Reply | Permalink
They can all try to cover up the mess as much as they want, but in the end, it's too big to hide. The last and biggest trick in the book is the government credit card and that is about maxed out. When it is, there is nothing they can do. Not even call out the National Guard, because most people are not going to be rioting, they just won't be paying taxes on the money they are not earning.
July 20, 2009 11:06 AM | Reply | Permalink
There's an open letter circulating, drafted by Joseph Stiglitz, James Galbraith, Robert Reich and others, asking that the Commission hire a single lead investigator with the skills, resources and tenacity to go after anyone who merits investigation. No special treatment.
If Bill Thomas scares you, you might want to sign the letter, at whatcausedthecrisis.com.
July 21, 2009 11:39 AM | Reply | Permalink