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Week of October 12, 2008 - October 18, 2008

Bloomberg: I'm more indispensable than Lincoln or FDR


Or: being a billionaire with adoring editorial boards in your pocket means that you can lie shamelessly, and never have to say you're sorry.

In 1864, the Civil War was raging.  As late as July, victory for the Union was looking unlikely, and it was widely expected that President Lincoln would lose his bid to be re-elected.  Many of the President's advisors urged him to postpone the election in the interest of the nation.  Lincoln rejected the idea: "We cannot have free government without elections; and if the rebellion could force us to forego or postpone a national election, it might already fairly claim to have conquered and ruined us."

New York City's last two Mayors have had a very different view of individual indispensability.  

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McCain's Gift to Obama: "I'm not George Bush"


Virtually all media observers thought that Senator McCain got off "the line of the night" when he told Senator Obama that he, McCain, is not George Bush.  Hearing that line told me two very different things.  First, poor media coverage (ideological blinders aside) reflects a profound misunderstanding of the difference between an assertion on the on hand and the presentation of evidence on the other.  Second, attempts to "make this a horse race" notwithstanding, Senator Obama should have a very good next few days.

Pre-debate, I wrote that one of the problems with coverage is that media tend to weigh comments not by substance but by the frequency of repetition (hence "No, I'm not" and "Yes, you are" are treated, just like in elementary school, as neutralizing one another).  By anyone's estimation, Senator Obama has, for months, been assembling and deploying a mass of evidence to demonstrate that Senator McCain fundamentally follows the philosophy of President Bush.  Yet to the media, trotting out the set piece of "No, I'm not" is the same as demonstrating that one is not.  On the central economic issues, McCain proved that, indeed, he is Bush redux (we can't have any of that redistribution of income away from the wealthy; we need to continue tax policies that redistribute income to the wealthy.

Just as Richard Nixon's infamous "I am not a crook" defense ultimately did not help him, McCain's "I am not the President with the lowest approval rating" will not help him, either.  The more attention the media give to "the line of the night," the more the Obama campaign will have the opportunity to say, "Well, let's talk about that."

And that is exactly what the Obama campaign should want to be doing.


Bob Schieffer's Top Ten Embedded Assumptions


When you're pulling your hair out during the debate tonight, it is not because Bob Schieffer thinks he is in league with Republicans.  It is not even because Schieffer has palled around with McCain.  Indeed, the likelihood is that if Schieffer were being honest (that is, honest to the extent of his self-knowledge), he would admit to identifying as a Democrat.

No, the problem is the embedded assumptions that distort the lens through which Schieffer (and many of his colleagues) see and understand the world.  These are the kind of assumptions that let an Alan Greenspan be represented year after year as a sage, and that currently treat Mike Bloomberg's financial success in building a financial information services company as even vaguely relevant to the skills needed to run a City.  These are the assumptions that require no "conspiracy" or "coordination," just a shared sense of what "everyone knows" to be true.

1. "Everyone knows" that social security must be "reformed" (tip of the hat to Tom Brokaw for trotting this out last time).  No, there is an elite consensus that we should choose to make people live in more constrained circumstances in their retirement rather than more equitably distribute income to enable people to continue to receive the benefits they receive today.  Even if Schieffer were to ask McCain about McCain's admission at the last debate that he would cut social security benefits (today's workers will not get the same benefits as current retirees), Schieffer wouldn't know how to follow-up: Schieffer would believe that McCain was giving the "correct" answer to recite the need for "reform."

2. "Everybody knows" that "both candidates" are being "unrealistic" by refusing to back away from their spending proposals in the face of the financial crisis.  Perhaps Schieffer believes that any Republican President in the last 40 years has been interested in balancing the budget.  He doesn't remember or want to remember that David Stockman admitted that the strategy of the Reagan Administration was to starve the government of funds so that domestic programs would be seen to be an unaffordable luxury.  Also outside Schieffer's frame of reference is the fact that the Great Depression was not resolved by "belt tightening" by but massive government spending brought on by World War II.

3. People want "tax cuts," Democrats are one who tax and spend, and thus Democrats are "vulnerable" on the tax question.  "Senator Obama, aren't you really going to raise taxes on ____?"  It doesn't matter how many tax schemes are wildly skewed to favor the wealthy, we only hear about "class warfare" when the goal is to create more equity (we can safely predict that Senator McCain won't be asked why he is seeking continue to wage the class warfare against the poor and middle class that the richest among us have successfully waged for the last eight years).

4. Senator McCain has the national security credentials, and thus Senator Obama needs to "prove" himself.  Democrats have been allowing themselves to be bullied on national security issues since the McCarthy era, so it is not surprising that Schieffer and his colleagues find it unimaginable that Obama doesn't simply fall down when McCain attacks.  So we're much more likely to hear about the success of the surge than we are to hear about the Republican abandonment of Afghanistan.

5. Afghanistan, of course, reminds us of a crucial basis for all of the embedded assumptions: history began yesterday, or, at the longest, a week ago (except for attacks on Obama's supposed associations).  As such, Schieffer accepts the master narrative of Republicans -- starting with Reagan -- standing tall to defeat our adversaries, a thrilling counterpoint to the defeatism of Vietnam.  There can be 20 books written about blowback, and patient explanations given of how the U.S. supported and enabled bin Laden and supported and enabled Hussein, but all of that simply doesn't exist in Schieffer-world.

6. Conservation is nice, but economic growth depends on robust energy use.  In the first iteration of this appeal to a vanished world (the gas tax holiday) the press could not believe that Obama wasn't swamped by the gimmick.  The most deeply embedded assumption is that "economic growth" depends on growth in population, consumption, and building.  For all of Schieffer's promises to hold the candidates' feet to the fire, don't expect Senator McCain to be asked to confirm that all experts believe that "drill, baby, drill" won't yield a drop for years.  Or whether McCain really thinks that a concern about the safety of nuclear power plants is silly.

7. Both candidates need to be pushed on negativism, as though all "attacks" are equal (yes, false equivalence is actually Commandment Number 1).  False and irrelevant versus true and relevant?  Both have been said, so both are attacks and both weigh the same.

8.The Republican view of the campaign is what the campaign is about. This will likely lead (as it had in the past) to probing Obama with an "are you a bad guy" question, and to "digging equally deeply" to ask McCain, "Is Obama a bad guy?"  On the other hand, we might get to see Obama challenged as to whether he is unfairly attacking McCain, and McCain asked whether Obama is unfairly attacking him.  Wait a sec: both scenarios assumed that it was Obama who either had something to hide or that it was McCain who was being unfairly maligned.

9. It will look unfair if I challenge McCain more than Obama.  I remember how much heat CBS took when Dan Rather challenged Bush the First.  The impact, of course, is that the candidate who lies more gets the benefit of a higher percentage of lies going unchallenged.  Why wouldn't this assumption work to protect the Democrat?  Because Schieffer doesn't believe that the consequences of angering Democrats are nearly as serious as the consequences of getting Republicans upset.

10. McCain the Maverick.  What can one say?

Gee, I hope I'm wrong, but I haven't even mentioned the burning desire in the MSM to have a "game changer" that "makes it anybody's race."

Please God, Don't Let The Big Banks Get Their Feelings Hurt


Rescue Package 2.0 features $250 billion of investment in banks, 40% of which goes to just four banks (Bank of America, Citigroup, JP Morgan Chase, and Wells Fargo).  The dominant theme coming from the Treasury Department and from the conventional wisdom commentariat is that it was essential to walk a "fine line" so that these banks feel entirely comfortable in accepting our money.

What exists on either side of that no-so-fine line?  On one side is the public interest; on the other side is unjust private enrichment.  So even in the plan's conception, the idea is to see the extent to which the public interest can be minimized.

If an entity wants $25 billion of my money, the first things I would want to know would be: (1) Do you need it? and (2) How come?  Unfortunately, Treasury is most interested in avoiding "stigmatizing" any bank, so we taxpayers none of that basic disclosure.

If a bank did need the massive infusion of cash from a private investor, that private investor (say, for example, Warren Buffett) would not be saying, "How can I arrange the deal to make it least burdensome on you."  That private investor would be in the driver's seat, and would demand terms accordingly.  Does the Treasury follow that private sector example?  No, sir.

Henry Paulson has been palling around with financial terrorists, and there's no telling what those guys might do if they get crossed.  Best to give them whatever they want.



 
Home | October 19, 2008 - October 25, 2008 »

Craig Gurian

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Craig Gurian is Executive Director of the Anti-Discrimination Center. He is also an Adjunct Professor of Law at Fordham Law School where he teaches "Housing Discrimination: History, Demographics, Law, and Remedies" and "Employment Discrimination: Law, Practice, and Policy." Mr. Gurian is also a Scholar-in-Residence at Fordham Law's Stein Center for Law and Ethics. He was Legal Counsel to a sister civil rights organization in the successful effort to pass a comprehensive Nassau County Fair Housing Law in 2006; was the principal drafter of New York City's Local Civil Rights Restoration Act of 2005; and was the principal drafter for the Commission on Human Rights of the comprehensive 1991 revisions to the NYC Human Rights Law. Publications: "Judicial Activism in the Service of Privilege: New York's First Department Makes Special Rules for Special Defendants," 71 Albany Law Rev. 369 (2008). [http://www.albanylawreview.org/articles/ Gurian.Publisher.pdf] "Using Local and State Legislation to Preserve and Expand the Ability of Fair Housing Organizations to Prosecute the Discrimination They Uncover," Harv. L. & Pol'y Rev. (Online) (October 2007), [http://www.hlpronline.com/Gurian.pdf.] "A Return to Eyes on the Prize: Litigating Under the Restored New York City Human Rights Law," 33 Fordham Urb. L.J. 255 (2006). [http://www.antibiaslaw.com/Eyes.pdf] "Adding Insult to Injury: Housing Discrimination Against Survivors of Domestic Violence" (2005). [http://www.antibiaslaw.com/DVReport.pdf] "Let Them Rent Cake: George Pataki, Market Ideology, and the Attempt to Dismantle Rent Regulation in New York," 31 Fordham Urb. L.J. 339 (2004). [http://www.antibiaslaw.com/cake.pdf] "At The Crossroads: Is There Hope for Civil Rights Law Enforcement in New York City?" (2003). [http://www.antibiaslaw.com/crossroads.pdf] Principal author of "It Is Time To Enforce The Law: A Report on Fulfilling the Promise of the New York City Human Rights Law," 57 The Record 231 (Summer, 2002). All comments represent Mr. Gurian's individual views, expressed in an individual capacity, and are not intended to convey, and should not be interpreted as conveying, the views of any of the entities referenced above.

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