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Turns Out That Trillion-Dollar Bailout Was, in Fact, Real Print
Wednesday, 20 March 2019 08:26

Taibbi writes: "A new Washington Post piece fudges the history of the 2008 financial crash."

Wall Street. (photo: Richard Drew/AP/REX/Shutterstock)
Wall Street. (photo: Richard Drew/AP/REX/Shutterstock)


Turns Out That Trillion-Dollar Bailout Was, in Fact, Real

By Matt Taibbi, Rolling Stone

20 March 19


A new Washington Post piece fudges the history of the 2008 financial crash

ast summer, Washington Post “Fact-checker” columnist Glenn Kessler wrote that the Medicare for All plan favored by Sen. Bernie Sanders (I-VT) would cause “providers” to face an “immediate cut of 40 percent in their payments.” The piece was quickly amended to reflect that the cuts only referred to private insurance payments, leaving Medicare recipients untouched. A few days later, Kessler would repeat — and later correct again — the same error.

Now, Kessler is fact-checking another statement made by Sanders, this one about the financial crisis in South Carolina:

Not one major Wall Street executive went to jail for destroying our economy in 2008 as a result of their greed, recklessness and illegal behavior. No. They didn’t go to jail. They got a trillion-dollar bailout.”

On the question of whether or not anyone went to jail for crimes related to the crisis, Kessler is right that one executive, Kareem Serageldin, did get sentenced to 30 months for offenses that could be construed as having contributed to the crash. That his case took place in 2013, well after reporters like Gretchen Morgensen, Louise Story and myself made noise about the conspicuous absence of prosecutions, is beside the point. Serageldin was indeed prosecuted for overvaluing mortgage bonds, and though he wasn’t one of the important players in the scandal by any stretch, he had a title you could technically call “major.”

Still, Kessler concedes, “Sanders’s overall point is valid,” adding:

Almost 900 executives went to jail for the savings and loan scandal in the 1980s, compared with just one person in the 2008 financial crisis.

From there, he asks, “But did Wall Street get a $1 trillion bailout?” He ends up giving this assertion “Two Pinocchios.”

In order, his points:

  • The Troubled Asset Relief Program, or TARP, which is what you call “the bailout” if you’re a Wall Street executive trying to make the bailout seem smaller, involved an initial outlay of $700 billion, which Congress later reduced to $475 billion. (The actual ultimate expenditure of TARP was lower than that, at $431 billion, but this won’t matter much, as I’ll show in a minute.

  • Kessler says ProPublica maintains a great tracker on TARP spending, and says, “banks and other financial institutions received $254 billion, mostly to replenish capital.” He goes on to say, “But many of those banks are not what one would consider ‘Wall Street.’ Many community banks and credit unions also received TARP funds.” We’ll come back to the issue of the bailout recipients not being “Wall Street.”

  • He then adds the automobile bailouts, the bailouts of AIG, Fannie Mae and Freddie Mac, and comes up with a $632 billion sum — still not $1 trillion. He insists this was not just a bailout of big companies, because “the American people” were also helped. “If these banks and other financial institutions had collapsed, many companies would have soon followed, leading to massive layoffs.”

  • Lastly, closer to the real point, Kessler disputes the numerous studies showing the real bailout outlay was through the Fed, which the Sanders campaign had said was anywhere from $7.7 trillion (the number Bloomberg used in its coverage of secret Fed lending) to $29 trillion (the number the Levy Institute at Bard College calculated, including guarantees and other forms of aid).

Kessler dumps on these numbers because a) Ben Bernanke once said they were “wildly inaccurate,” and b) because loans listed as different expenditures often represented the same loan simply rolled over. Under that standard, Kessler quotes the Government Accountability Office, which said “loans outstanding for the emergency period peaked at about $1 trillion in late 2008.”

This would seem to get us past a “trillion dollar bailout” already, but Kessler also wants to argue the issue of whether the bailouts were good or bad. What that has to do with fact-checking is not clear, but he goes there. “The Fed is not a Federal Agency” he writes, and insists its bailout facilities made profits and were a social necessity. For instance, he says, they unfroze the commercial paper market, which was “essential for meeting liabilities such as workers’ payroll.” Had the Fed not acted, he says, “the U.S. economy would have ground to a halt.”

This is basically the history of the bailouts as written in self-congratulatory tomes like Ben Bernanke’s The Courage To Act (revised, probably, from My Courage To Act) and Timothy Geithner’s Stress Test. It’s Wall Street’s one-sentence summary of the bailouts: they weren’t that big, but if they were, they were necessary, and made a profit, and even though they made us rich again, they were done for you, the ordinary person!

Let’s start with the notion that “community banks” were also aided in the bailout. There were, indeed, a few smaller banks that participated in the TARP, and in fact, they tended to be in the program longer than the super-sized banks, mainly because they were unable to repay money as quickly.

However, only a section of community banks get into the program. The Treasury Department invested in 707 banks, or about 10 percent of the industry. But 100 percent of the biggest banks were bailed out. As Bernanke told the Financial Crisis Inquiry Commission, of the nation’s 13 largest banks, “12 were at the risk of failure within a week or two” of the initial bailout period, in late September and October of 2008. Every single one of those banks took huge bailout payments.

As Gretchen Morgenson pointed out when information about Fed bailout programs first became public, just six banks — JPMorgan Chase, Bank of America, Citigroup, Wells Fargo, Goldman Sachs and Morgan Stanley — were the recipients of 63 percent of the Fed’s average daily borrowing, representing about a half-trillion dollars at peak periods just for those firms.

Those Fed dollars were doled out through an alphabet soup of different programs (the TAF, the TALF, the TSLF, the TOP, the PDCF, the Maiden Lanes, etc.) and were used to execute major restructurings of the economy. The Fed put up $30 billion to help Chase buy the hulk of Bear Stearns, helping further by buying up $29 billion in bad assets from the dying investment bank.

Citigroup was borrowing $100 billion from the Fed at its peak, Morgan Stanley $107 billion. Fed money was used to broker Bank of America’s absorption of Merrill Lynch and help Wells Fargo buy up Wachovia, in addition to other mergers. At the end of all the rearranging, the 12 largest banks in the country — which had all contributed massively to the crisis and had maybe a week to live when the crash happened, as Bernanke testified — suddenly controlled 70 percent of all bank assets in the United States.

This matters in relation to Kessler’s piece because it had a profound effect on the market. The financial community now knew the government would never let the biggest banks fail, and now those banks had lower borrowing costs than small community banks, for whom the same could not be said. This turned into a so-called “implicit guarantee” that Bloomberg said was worth $83 billion a year by 2013.

The point is, the bailout plan not only didn’t really help community banks, it massively accelerated their disenfranchisement, by placing them in a separate economic class from those deemed Too Big to Fail. This is why the Independent Community Bankers of America supported the bill introduced by Sherrod Brown (D-OH) and David Vitter (R-LA) in 2013 to break up Too Big To Fail banks.

Kessler spends half his time quibbling over the size of the TARP, which was really a minor appetizer on the bailout menu. The bailout was not just the government handing bags of money to companies (although it did that, too). It was an array of programs designed to help the companies who screwed up the worst avoid losses, secure new revenue streams and emerge from the crash not just unscathed, but more powerful than before.

Did Kessler count interventions like the 2008 ban on short-selling of 799 financial stocks, which protected just those companies from (legitimate) market pressures?

CNBC said the ban included “commercial banks, insurers and the two remaining big investment banks, Goldman Sachs Group and Morgan Stanley.” These two massive investment banks had to beg the state to save them from short-sellers! Goldman shares jumped 27 percent after that ban, while Morgan Stanley’s jumped 29 percent. Did Kessler count that increase in market capitalization in his figures?

Did he count the emergency bank charters handed out to Goldman and Morgan Stanley late on the Sunday night of September 21st, 2008? The two investment banks were not commercial banks, but they obtained late-night permission to call themselves Bank Holding Companies, so they would have lifesaving access to borrowing at the Fed’s discount window and could open their doors the following morning. How much would other investment banks have paid for the same stay of execution?

There were so many other interventions. The Post likely forgot that on October 6th, 2008, the Fed for the first time in its history began paying interest on required reserve balances, a perk that one banker described as “paying banks to be banks.”

This was a particularly obnoxious gift to Wall Street since the whole concept of the bailouts was supposed to be unfreezing the economy and spurring lending. But banks were so strapped for safe income sources they began filling reserve balances at the Fed, hoarding cash in search of those interest payments. In 2012, for instance, banks were only required to keep about $100 billion in reserve, but according to the San Francisco Fed, reserves averaged $1.5 trillion over the first six months of that year. That was $1.4 trillion taken out of the economy.

How about the Obama administration’s early-2010 decision to give Fannie and Freddie an unlimited credit line to buy mortgages? Everyone from Darrell Issa to Dennis Kucinich saw through this one.

Raising the caps allowed the two mortgage giants — which, as Kessler correctly notes, had been taken out of the hands of shareholders — to be used as a “backdoor TARP” to “purchase toxic assets at inflated prices.” In other words, the government took over Fannie and Freddie and used the duo in a way private shareholders would never have allowed, as a landfill in which banks could dump bad assets at high prices.

How about the government’s continual efforts to look the other way or lower standards so bailout recipients who should have failed mandated “stress tests” would be allowed to pass?

Several banks got the Fed to drop estimates of capital shortfalls by $20 billion or more after intense lobbying. Citigroup passed one of its early tests when regulators were persuaded to cut billions of an expected hole on its balance sheet based on “pending transactions.” Again, how do you price that kind of aid?

How about non-prosecuting a company crime? Crafting settlements so automatic penalties for certain offenses like the revocation of bank charters don’t kick in? Then there was the too-common practice of letting offenders like HSBC make at least part of regulatory settlements related to crisis-era offenses tax-deductible. This forced all of us to pay for hundreds of millions of dollars’ worth of these settlements.

Beyond all of these gifts, which are difficult to quantify, Kessler has his numbers confused. Even he cites the $1 trillion figure for emergency Fed loans offered by the GAO. Bernanke put the peak-lending figure at $1.5 trillion. Why don’t these numbers by themselves justify the statement, “They got a trillion dollar bailout’?

The Special Inspector General’s office for the TARP program, meanwhile, issued reports for the bailout. This oversight panel led by Bailout author and former SIGTARP chief Neil Barofsky put the gross outlay — including the TARP, and other Treasury and Fed expenditures — at $4.6 trillion. The net outlay they place at $3.3 trillion. Why are these numbers less reliable than the rest?

As I’ve written before, trying to compute the bailout is a fool’s errand, because it was so all-encompassing. The government’s massive treasure dump into the balance sheets of the top banks was a kind of merger, one that obligated us to keep our investments viable going forward though a range of complementary actions.

Those included regulatory relief, inflated asset purchases, market intervention, tax breaks and other actions. God knows how much all of that was worth, but the cash portion of it alone was certainly north of a trillion dollars, when you figure in both TARP and the Fed lending.

Apart from mortgage issuers like Countrywide, the institutions most responsible for the crash were the Too Big To Fail big banks that financed, pooled and re-sold toxic mortgage-backed securities, often fraudulently. Those banks were rewarded with bailouts and state-aided mergers that allowed executives to quickly return to previous compensation levels, and left them more dominant than ever.

The ordinary person couldn’t walk into the Fed and get a new credit card that allowed them to borrow with government’s backing. Wall Street firms could take advantage of a galaxy of bailout facilities that allowed them to do things just like that, like the Temporary Liquidity Guarantee Program. Banks prospered and were made whole; regular people went into foreclosure by the millions and saw their credit ratings ruined.

The Post’s take on this goes beyond fact-check, arguing the bailouts were necessary, appropriately sized and validated by future repayments. But the facts show the crash response was a massive, sustained investment in the wealthiest sector of the economy, which also happened to bear the biggest responsibility for the disaster. The pain was mostly felt elsewhere. Sanders, and the many citizens who helped pay that bill, are right to be upset.

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Now Is the Time to Begin Impeachment Proceedings Against President Trump Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=50399"><span class="small">Rashida Tlaib and John Bonifaz, Detroit Free Press</span></a>   
Tuesday, 19 March 2019 12:43

Excerpt: "President Donald Trump is a direct and serious threat to our country. On an almost daily basis, he attacks our Constitution, our democracy, the rule of law and the people who are in this country. His conduct has created a constitutional crisis that we must confront now."

Rashida Tlaib. (photo: Salwan Georges/WP/Getty Images)
Rashida Tlaib. (photo: Salwan Georges/WP/Getty Images)


Now Is the Time to Begin Impeachment Proceedings Against President Trump

By Rashida Tlaib and John Bonifaz, Detroit Free Press

19 March 19

 

Originally published in the Detroit Free Press January 04, 2019.

resident Donald Trump is a direct and serious threat to our country. On an almost daily basis, he attacks our Constitution, our democracy, the rule of law and the people who are in this country. His conduct has created a constitutional crisis that we must confront now.

The Framers of the Constitution designed a remedy to address such a constitutional crisis: impeachment. Through the impeachment clause, they sought to ensure that we would have the power, through our elected representatives in Congress, to protect the country by removing a lawless president from the Oval Office.

We already have overwhelming evidence that the president has committed impeachable offenses, including, just to name a few: obstructing justice; violating the emoluments clause; abusing the pardon power; directing or seeking to direct law enforcement to prosecute political adversaries for improper purposes; advocating illegal violence and undermining equal protection of the laws; ordering the cruel and unconstitutional imprisonment of children and their families at the southern border; and conspiring to illegally influence the 2016 election through a series of hush money payments.

Whether the president was directly involved in a conspiracy with the Russian government to interfere with the 2016 election remains the subject of Special Counsel Robert Mueller’s investigation. But we do not need to wait on the outcome of that criminal investigation before moving forward now with an inquiry in the U.S. House of Representatives on whether the president has committed impeachable “high crimes and misdemeanors” against the state: abuse of power and abuse of the public trust.

Each passing day brings new damage to the countless people hurt by this lawless president’s actions. We cannot undo the trauma that he is causing to our people, and this nation. Those most vulnerable to his administration’s cruelty are counting on us to act — act to remove the president and put this country on a path to true justice.

The Framers distinguished the impeachment power from the power of a criminal prosecution. While Congress has the impeachment power to prevent future harm to our government, prosecutors have the power to seek punishment for those who commit crimes. But it is not Mueller’s role to determine whether the president has committed impeachable offenses. That is the responsibility of the U.S. Congress.

Those who say we must wait for Special Counsel Mueller to complete his criminal investigation before Congress can start any impeachment proceedings ignore this crucial distinction. There is no requirement whatsoever that a president be charged with or be convicted of a crime before Congress can impeach him. They also ignore the fact that many of the impeachable offenses committed by this president are beyond the scope of the special counsel’s investigation.

We are also now hearing the dangerous claim that initiating impeachment proceedings against this president is politically unwise and that, instead, the focus should now shift to holding the president accountable via the 2020 election. Such a claim places partisan gamesmanship over our country and our most vulnerable at this perilous moment in our nation’s history. Members of Congress have a sworn duty to preserve our Constitution. Leaving a lawless president in office for political points would be abandoning that duty.

This is not just about Donald Trump. This is about all of us. What should we be as a nation? Who should we be as a people? In the face of this constitutional crisis, we must rise. We must rise to defend our Constitution, to defend our democracy, and to defend that bedrock principle that no one is above the law, not even the President of the United States. Each passing day brings more pain for the people most directly hurt by this president, and these are days we simply cannot get back. The time for impeachment proceedings is now.

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FOCUS: Why Unions Matter to You Print
Tuesday, 19 March 2019 11:46

Reich writes: "As I travel around the country, I tell people: if you have a job, join a union. And if you don't have a union, start one."

Robert Reich. (photo: Getty)
Robert Reich. (photo: Getty)


Why Unions Matter to You

By Robert Reich, Robert Reich's Blog

19 March 19

 

s I travel around the country, I tell people: if you have a job, join a union. And if you don’t have a union, start one.

You see, it all comes down to the balance of power between business and workers. 

You strengthen the middle class by strengthening unions.

In the mid-1950s, unions were strong, and wages grew in tandem with the economy. Nearly one third of all workers in the United States were unionized.

This gave workers across America – even those who weren’t unionized – significant power to demand and get better wages, hours, benefits, and working conditions. 

Yet starting in the 1980s and with increasing ferocity since then, private-sector employers have fought against unions.

Corporate raiders demanded that companies boost share prices by busting unions or moving to non-union states.

Ronald Reagan’s administration fired the nation’s unionized air traffic controllers and launched an all-out assault on workers’ rights, concentrating even more power in the hands of corporate executives.

In short, anti-worker corporations and politicians joined together to stop workers from joining together. 

We now know that as union membership declined, middle class incomes shrank.

The two trends are the exact mirror images of each other.

The wealthy and big corporations continued to take home a larger share of the nation’s wealth, while workers were left behind.  Unions balance the power of workers with corporations, by allowing workers to join forces to get a fair share.

As an individual your voice is limited, but there is power in numbers.  Today, unions are more important than ever to the survival of the middle class.

Corporations have tremendous power over our lives.

They dictate everything from bathroom breaks to health care for millions of Americans.

In the halls of Washington and state legislatures, their political power has allowed them to block increases in the minimum wage, roll back workplace protections, and deny workers their benefits.

Unless workers balance the power of big corporations, the middle class will continue to get a smaller piece of the pie as more and more wealth goes to those at the top. 

Unions are also essential to the workplace of the future.

Workers must contend with the forces of globalization and technological change. With the stroke of a keyboard, executives can send jobs overseas.

Automated technologies threaten to replace workers in every sector of the economy, making jobs less and less secure. Without unions, workers will be completely at the mercy of these trends. 

But this isn’t just a theoretical argument.

The tangible, real-world examples of how unions make workers’ lives better are everywhere you look. 

Hospitality workers were able to secure raises and job protections from Marriott, the world’s largest hotel chain, because of the power of their union.

Disney employees secured a $15 an hour base-pay after years of opposition from management.

JetBlue’s flight crew have unionized to negotiate better wages and more flexible schedules.  

We must continue to expand unions to restore balance to our economy.

In 2017, more than 250,000 additional American workers joined unions, and research shows almost 60 million more workers would like to join–if they had the opportunity.

Public approval of labor unions is at 62 percent, a 15-year high.

That’s why powerful corporations and their enablers in government are trying to squash workers by pushing so-called “right to work” laws and undermining health care, workplace safety, and retirement protections. 

We have the power to overcome these attacks. If you want a better life for you and your children, join a union. And if you want a better America, support unions.

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FOCUS: Devin Nunes Is Suing His Imaginary Mom, His Imaginary Cow, and Twitter Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=11104"><span class="small">Charles Pierce, Esquire</span></a>   
Tuesday, 19 March 2019 11:07

Pierce writes: "In merciful brief, Nunes is suing Twitter (and several Twitterers) for $250 million because he thinks the platform conspired to shut out conservative voices while allowing other accounts to be very mean to him, Devin Nunes."

Devin Nunes. (photo: CNN)
Devin Nunes. (photo: CNN)


Devin Nunes Is Suing His Imaginary Mom, His Imaginary Cow, and Twitter

By Charles Pierce, Esquire

19 March 19


No really.

ll those people who want tort reform can pound sand. Give us tort reform and we might never get the monumental self-own that Congressman—and White House lawn ornament—Devin Nunes brought to the Henrico County Circuit Court late Monday afternoon. In merciful brief, Nunes is suing Twitter (and several Twitterers) for $250 million because he thinks the platform conspired to shut out conservative voices while allowing other accounts to be very mean to him, Devin Nunes. From the Sacramento Bee:

The lawsuit accuses Twitter of hiding, punishing or “shadow-banning” posts with a conservative bent — including those from Nunes — while simultaneously allowing others to profit from defaming him. Nunes’ attorney, Steven S. Biss, claims Twitter acts as “allowed (and allows) its platform to serve as a portal of defamation in order to undermine public confidence in Plaintiff and to benefit his opponents and opponents of the Republican Party.
Liz Mair — a political strategist who acted against Nunes in the previous election through the Swamp Accountability Project, a dark money group targeting President Donald Trump and his congressional allies — is the only individual named on the lawsuit. Two apparent parody Twitter accounts, “Devin Nunes’ Mom” and “Devin Nunes’ cow,” are also named. Nunes’ lawsuit claims “Twitter contributed materially to the illegal conduct of defamers Mair, Devin Nunes’ Mom and Devin Nunes’ cow.”

Yes, this is all in a legal document. But it really only scratches the surface. To wit:

Defendant, Devin Nunes’ Mom, is a person who, with Twitter’s consent, hijacked Nunes’ name, falsely impersonated Nunes’ mother, and created and maintained an account on Twitter (@DevinNunesMom) for the sole purpose of attacking, defaming, disparaging and demeaning Nunes.

The complaint would like you to know that Devin Nunes has had bestowed upon him a dazzling array of pseudonyms.

In her endless barrage of tweets, Devin Nunes’ Mom maliciously attacked every aspect of Nunes’ character, honesty, integrity, ethics and fitness to perform his duties as a United States Congressman. Devin Nunes’ Mom stated that Nunes had turned out worse than Jacob Wohl; falsely accused Nunes of being a racist, having “white supremist friends” and distributing “disturbing inflammatory racial propaganda”; falsely accused Nunes of putting up a “Fake News MAGA” sign outside a Texas Holocaust museum; falsely stated that Nunes would probably join the “Proud Boys … “if it weren’t for that unfortunate ‘no masturbating’ rule”; disparagingly called him a “presidential fluffer and swamp rat”; alsely stated that Nunes had brought “shame” to his family; repeatedly accused Nunes of the crime of treason, compared him to Benedict Arnold, and called him a “traitor”, “treasonous shitbag”, a “treasonous Putin shill”, working for the “Kremlin”; falsely stated that Nunes was “100% bought and sold. He has no interest remaining for his constituents”; falsely accused Nunes of being part of the President’s “taint” team; falsely stated that Nunes was unfit to run the House Permanent Select Committee on Intelligence; falsely accused Nunes of “secretly hat[ing] the people he’s supposed to serve”; falsely accused Nunes of being a “lying piece of shit”…falsely stated that “@Devin Nunes is DEFINITELY a feckless cunt”…

For those not hip to the kids on the Intertoobz, the complaint helpfully defines “taint.”

The verb “taint” means to contaminate morally or to affect with putrefaction. A “taint” is a contaminating mark or influence or a trace of a bad or undesirable substance or quality...The Urban Dictionary defines “taint” as the area of skin on a women between her vagina and her anus.

There’s also a helpful copy of a tweet from which one can learn what a human centipede is. (Look it up yourselves.) And, all around the country, a thousand college students give up on law school. The complaint comes to a thunderous conclusion in which the Whole Shadow Banning Deep State is uncovered.

The substance and timing of the tweets, retweets, replies and likes by Mair, Devin Nunes’ Mom and Devin Nunes’ cow demonstrates that all three bad actors were and are engaged in a joint effort, together and with others, to defame Nunes and interfere with his duties, employment and investigations of corruption as a United States Congressman. The purpose of the concerted defamation campaign was to cause immense pain, intimidate, interfere with and divert Nunes’ attention from his investigation of corruption and Russian involvement in the 2016 Presidential Election… he Twitter attacks on Nunes were pre-planned, calculated, orchestrated and undertaken by multiple individuals acting in concert, over a continuous period of time exceeding a year. The full scope of the conspiracy, including the names of all participants and the level of involvement of donors and members of the Democratic Party, is unknown at this time and will be the subject of discovery in this action.

And thus does the kitty come screeching out of the burlap.

To review: Devin Nunes, a member of the Congress of the United States, is suing Twitter. He also is suing his imaginary mother and his imaginary cow, because he believes his imaginary mother and his imaginary cow slandered him online, and because he believes that his imaginary mother and his imaginary cow conspired with Jack Dorsey to keep Devin Nunes and his supporters—real and imaginary—from stating their case on his platform. He is suing them for $250 million; oddly, this is the same amount sought in the lawsuit brought by the MAGA hat kid against CNN et. al.

As a nation, we’re wearing our underwear on our head and going to church.

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Can Manhattan DA Cy Vance Flip Manafort After Mueller Failed? Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=46833"><span class="small">Barbara McQuade, The Daily Beast</span></a>   
Tuesday, 19 March 2019 08:19

McQuade writes: "Paul Manafort's sentencing in federal court on Wednesday appeared to be the latest move in a long chess match. But just 30 minutes later, another move was played when new charges against him were unsealed in New York."

Manhattan's District Attorney Cy Vance. (photo: Andrew Burton/Getty Images)
Manhattan's District Attorney Cy Vance. (photo: Andrew Burton/Getty Images)


Can Manhattan DA Cy Vance Flip Manafort After Mueller Failed?

By Barbara McQuade, The Daily Beast

19 March 19


If Trump’s former campaign chairman was counting on a pardon from the man who lauded his refusal to ‘break,’ the NYC prosecutor may have just thrown a wrench into the plan.

aul Manafort’s sentencing in federal court on Wednesday appeared to be the latest move in a long chess match. But just 30 minutes later, another move was played when new charges against him were unsealed in New York.

U.S. District Judge Amy Berman Jackson sentenced President Donald Trump’s former campaign chairman to 43 months in prison following his guilty plea to two counts of conspiracy, ending his federal case in the District of Columbia. The crimes were part of his scheme to earn fees for political consulting in Ukraine without paying taxes on the income in the United States. Manafort hid his lobbying work from the U.S. government by failing to register as an agent of a foreign government and depositing his earnings in foreign bank accounts that he failed to report. He used wire transfers from the bank accounts to fund a lavish lifestyle, including expensive real estate, landscaping, home improvements and expensive custom-made suits. He laundered $55 million through these accounts and underpaid his income taxes by $6 million. When his clients fell out of power and the work dried up, he obtained cash by mortgaging his properties, making false statements on documents to qualify for the loans.  

Judge Jackson imposed part of her sentence on top of the 47-month sentence handed down last week by Judge T.S. Ellis in the Eastern District of Virginia, where Manafort was convicted at trial for related crimes. Cases were brought in the two different districts because some of the criminal acts were committed in each district, and Manafort declined to waive venue. Combined, the sentences mean that Manafort will spend a total of seven and a half years in prison.  

The charges against Manafort were filed by Special Counsel Robert Mueller, whose mandate is to investigate links between Russia and the Trump campaign relating to interference with the 2016 presidential campaign, as well as matters that arise or may arise directly from that investigation. The charges against Manafort fell into this second category, and were likely leveled against him in hopes of persuading Manafort to cooperate against others in exchange for leniency.

Cooperation didn’t pan out for Mueller against Manafort, who was a potentially valuable source of information in light of his reported relationships with Russian oligarchs, his position as campaign chair during the summer of 2016, when a portion of the party platform was changed to favor Russia, and his attendance at a meeting at Trump Tower in June 2016 with Russians for the stated purpose of obtaining disparaging information about Trump’s campaign opponent,  Hillary Clinton.

But just when Manafort’s cases were over, Manhattan District Attorney Cyrus Vance charged Manafort in state court in New York. The timing could not have been a coincidence. What to make of these new charges against Manafort?  

One obvious point of speculation is that these new charges were filed to prevent Manafort from escaping accountability for his crimes through a pardon. Other former Trump associates, such as former National Security Adviser Michael Flynn, former deputy campaign chair Rick Gates and former attorney Michael Cohen, have pleaded guilty and agreed to cooperate with the special counsel. Manafort, in contrast, has not. Manafort’s plea agreement in the District of Columbia included a cooperation provision that gave him an opportunity to earn a reduction in his sentence by providing substantial assistance in the investigation of others, but prosecutors discovered that while feigning cooperation, Manafort lied to investigators, and his deal was rescinded, causing some to speculate that Manafort is angling for a pardon from President Trump.  

President Trump has remained supportive of Manafort throughout his prosecution, tweeting about his respect for such a “brave man,” who refused to “break.” Trump has used his pardon power in the past to absolve Sheriff Joe Arpaio of contempt of court and political commentator Dinesh D’Souza for campaign finance crimes, among others, showing that he is not afraid to use the power for what some may see as political causes. The president has a virtually unfettered power to pardon individuals who are convicted of crimes as a show of mercy. The one limitation on his pardon power is that while he may use it for people who have been convicted of federal crimes, he has no such power over state crimes.   

That’s where state charges against Manafort can work as a backstop. The Manhattan DA’s indictment charges 16 counts, alleging mortgage fraud, falsifying business records and a scheme to defraud. While New York’s protective double jeopardy rules may create some litigation risk for the fraud charges, the counts for falsifying business records are unique to state law and seem unlikely to pose the same challenge.  

Is Vance’s goal simply to ensure that Manafort is held accountable by facing prison time for his crimes? That alone would be a worthy goal for a defendant whose crimes were as pervasive and sophisticated as Manafort’s. Or is Vance instead thinking that by applying more pressure on Manafort, he can do what Mueller could not—convince him to cooperate by neutralizing President Trump’s pardon power.  

Checkmate?

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