Coyote Blog

Via TJIC:

The steel industry, a bellwether for the state of the nation's economy, is looking to the government for a huge investment program: up to $1 trillion over two years.

Government can't create capital -- it can only force it to be reallocated and, to a small extent, move it forward from the future.   Given that there is some sort of fixed amount of investment capital in the economy, then, it strikes me that we are rapidly approaching the point where we are giving to Congress the job of allocating the vast majority of the country's available investment capital.  And if that prospect does not scare you, and it should, consider this:  Congress has made it fairly clear the three criteria it will use to select the recipients of capital:

• They must have a business model that has been proven a failure (by poor performance, eroding market share, and/or near bankrupcy)
• They must have strong, powerful unions with the historically proven ability to dictate terms to management
• The company and its key stakeholders must be strong supporters of the party in power

They say the government does things that private parties can't or won't, and that is certainly true here since I cannot imagine any private investor allocating capital on these criteria.

The very essence of business decision-making is prioritization and trade-offs.  The same is true in the government, its just that the objective function is reversed:

GM is warming up the propaganda engine for the next run at Congress. "Look, the first thing we had to cut was our electric car program!".

And here I thought that because GM has still, after 30 years, failed to realize their business model needs to change that maybe management there were slow learners.  But they seem to be very, very adept at learning the government game.

When I was in the corporate world, if I wanted extra funds for my projects, I would have to go in and say "Here are all my projects.  I have ranked them from 1-30 from the most to least valuable.  Right now I have enough money for the first 12.  I would like funding for number 13.  Here is my case."

But the government works differently.  When your local government is out of money, and wants a tax increase, what do they threaten to cut?  In Seattle, it was always emergency services.  "Sorry, we are out of money, we have to shut down the fire department and ambulances."  I kid you not -- the city probably has a thirty person massage therapist licensing organization and they cut ambulances first.   In California it is the parks.   "Sorry, we are out of money.  To meet our budget, we are going to have to close down our 10 most popular parks that get the most visitation."  The essence of government budgeting brinkmanship is not to cut project 13 when you only have money for 12 projects, but to cut project #1.

I can just see me going to Chuck Knight at Emerson Electric and saying "Chuck, I don't have enough money.  If you don't give me more, we are going to have to cut the funds for the government-mandated frequency modification on our transmitters, which means we won't have any product to sell next month."  I would be out on my ass in five minutes.  It just floors me that this seems to keep working in the government.  Part of it is that the media is just so credulous when it comes to this kind of thing, in part because scare stories of cut services fit so well into their business model.

So of course, with billions of dollars of waste, absurdly high labor costs, stupid-large executive compensation, etc., GM chooses to cut funding the project that is most important to Congressional Democrats and the new Obama administration.

The auto bailout is dead, at least for now:

A bailout-weary Congress killed a $14 billion package to aid struggling U.S. automakers Thursday night after a partisan dispute over union wage cuts derailed a last-ditch effort to revive the emergency
aid before year's end.

Republicans, breaking sharply with President George W. Bush as his term draws to a close, refused to back federal aid for Detroit's beleaguered Big Three without a guarantee that the United Auto Workers would agree by the end of next year to wage cuts to bring their pay into line with U.S. plants of Japanese carmakers. The UAW refused to do so before its current contract with the automakers expires in 2011.

Good.  Chapter 11 was made for this kind of situation, and folks will quickly come to understand that productive assets don't go *poof* in a bankruptcy  (though equity values can).

By the way, you will note that Senate Republicans did not suddenly become economic libertarians.  Their objection seems to be that the bill does not micro-manage the auto industry they same way they would want to micro-manage the auto industry.  You can see in these political battles that Congress brings its usual identity politics to these decisions:  Republicans want to hammer the unions, Democrats want to hammer executive pay.  Which is why these restructuring discussions don't belong in Congress.

Via TJIC, who had a much better title, "poor credit risks remain poor credit risks, even after you give them a free pony"

Recent data suggests that many borrowers who received help with mortgage modifications earlier this year tended to re-default on their payments, a top U.S. banking regulator said on Monday.

"The results, I confess, were somewhat surprising, and not in a good way," said John Dugan, head of the U.S. Office of the Comptroller of the Currency, in prepared remarks for a U.S. housing forum.

"Put simply, it shows that over half of mortgage modifications seemed not to be working after six months," he said.

You can absolutely, without a doubt, add the Big 3 to the list of folks who will be facing default once again just months after getting their first dollop of federal money.

Criminalizing everything:

License-plate frames that celebrate your favorite college or sports team become illegal next month if the frame obscures the state's name.

Starting Jan. 1, police can stop you if "Arizona" isn't clearly visible at the top of the plate. Violators will be fined an average of $135, plus court fees, depending on the city where the violation is discovered.

Wow, while the police are chasing after that guy with a joint, lets make sure we also have the boys in blue vigilant for this.  And I am sure this new law will be enforced as equally and fairly as all the others and these guys will be he first to get tickets:

On Tuesday, half the 26 vehicles in the Arizona Senate parking lot bore frames obscuring the word "Arizona."

Yeah, right.  This is just another "probably cause" for Sheriff Joe Arpaio and his boys to pull over every person with brown skin they run into.

A month or two back, I was participating in the California Regional Council of Rural Counties annual meeting.  At this conference, I was there to have a sort of informal debate on climate change with Joe Nation, a former California State legislator and currently a private consultant on climate issues.

To some extent my role was frustrating for the audience, because they were already stuck with complying with California's AB32 (a sort of state CO2 cap and trade system) and arguing that such legislation was pointless only served to upset them  (my presentation, both in powerpoint and video is here).  By the way, we often lump "government" together, but I can tell you that while the governor and the legislature of California may be 100% behind CO2 alarmism, the county commissioners were very sympathetic to the skeptic position.

Anyway, towards the end of my presentation I made a plea for a carbon tax over cap-and-trade, and said in fact that California's AB32 was living proof of my argument.  The California Air Resources Board (CARB), which is tasked with implementing the plan, has already added hundreds of people to its staff and worked for over two years, is still no where near finished with rule-making.  The complexity, and the battling political constituencies, is simply mind-boggling.  It is already clear that the result is going to be a Byzantine, Rube Goldberg structure of detailed industry-specific reporting and permitting rules.  Nearly 100% of CARB's time is taken up today with various groups running to them begging for some sort of special treatment (think "carbon bailout" and you will get the idea).  No one thinks the process is fair or rational.

Under cap-and-trade, every single industry will report greenhouse gasses, have industry and firm-specific limits, myriads of permits, etc.  For example, we had detailed discussions that day of how cattle flatulence will be treated and measured.  The alternative is a carbon tax, which is dead simple.  There is one single rate to set - the tax per weight of carbon in fuel.  Fuels with more carbon per BTU, like coal, thereby get higher taxes.  The system works like a sales tax, and could be administered by the BOE (who runs the California sales tax system) in its sleep.

The cap-and-trade system is far more expensive than a carbon tax.  By the basic laws of supply and demand, both systems have to raise the cost of burning certain fuels by about the same amount to get about the same reduction in use.  But the cap-and-trade system brings a huge overhead burden, both in government bureaucracy as well as compliance costs, that make it far, far more expensive for the same amount of benefit.  Until he started sitting on the boards of companies who depend on these inefficiencies in the cap and trade system to make money, Al Gore advocated a straight carbon tax over cap-and-trade.

But we had an opportunity that day.  Because the man who claims to be the author of AB32 is none other than Joe Nation, who was right there in the room.  So we asked him why he took this approach.  Here is what he said, really a civics lesson in one sentence:

I tried pass a carbon tax first, but there was absolutely no support for it among legislators [the same ones who overwhelmingly supported AB32]

If you can understand why this is, you can understand a lot about government.   Because all these concerns that you and I might have about crafting rational public policy are not important to legislators.  Here is how they think about it:

• Private implementation and compliance costs are meaningless to legislators.  There is no public measurement or accountability for these costs, and most of these costs fall on businesses, who can be ignored as unsympathetic in political discourse.  I operate in Mono County, California, and they put out a new set of reporting requirements driven, they said, by the needs to save a few hours a year of their auditors' time.  But compliance with these new rules costs our company 10-20 hours, at least, a year.  And we are just one of many, many companies reporting.  I complained that it was crazy for them to ask taxpayers to spend hundreds of hours of labor to save them just a few, but they could not have cared less.

• For legislators, particularly in California, creating large new bureaucracies is good.  It creates a patronage relationship between the legislators and these new government employees that is almost quasi-feudal.  Public employees are an enormous source of support for incumbent politicians, and these bureaucracies also offer future employment opportunities for legislators once they leave office (nice article here).

• First, last, and always, the vast majority of politicians are gutless.  That means if they can pass the same tax in a way that is more hidden (ie cap-and-trade vs. carbon tax) they will prefer this approach, even if it means the tax is substantially less efficient.  In the case of cap-and-trade, since costs are hidden and spread around like peanut butter rather than easily identifiable, they can pretend the costs don't exist and, if someone starts worrying about rising electricity costs that result, simply blame the rising costs on the evil power/oil/coal/etc companies.  Obama has brilliantly taken this one step further, by outrageously claiming, in the broken windows fallacy of all time, that cap-and-trade will actually boost the economy through green job creation.

• A carbon tax gives politicians very little room to extract personal value from the electorate.  Really, there is only one number for everyone to argue over.  But cap-and-trade is a Disneyland for lobbyists.  There can be special exemptions, industry specific caps, firm-specific caps, geography-specific caps.  Once everyone sees the first few guys giving campaign donations and parading into CARB for special treatment, everyone feels like they have to in order to avoid being the one guy left out.  My guess is that cap-and-trade will spawn more lobbying than any other legislation in US history.  And politicians, no matter what their public stance, love lobbying, because everyone who comes to ask them for something knows there has to be a quid pro quo.

Update:  A number of related thoughts and posts here, at Reason.

I have gotten a lot of email on my posts about allowing GM to die.  Here are a few thoughts:

1. No matter what our mutual preferences, GM is not actually going to die.  It will go in to chapter 11 and reorganize, and, as that law intends, will continue to operate through that reorganization.  While Lehman and Enron liquidated, they were really special cases having more to do with financial than operating assets.  In the last 20 years, Texaco, PG&E, Worldcom, Delta, and UAL have all passed through chapter 11, and all operated their businesses through bankruptcy.  In fact, all of Enron's pipelines and other operating assets are running A-OK right now, just under new ownership.  Do you remember all those news stories about massive natural gas shortages because Enron's pipelines all stopped operating when it declared bankruptcy?  Yeah, neither did I.
2. You are welcome to write me about how I suck because your job at GM (or retirement, or health care, or all of the above) is important to you if that helps you psychologically to manage a terrible and stressful time.  But, to cause me to back off my opinion about GM and the bailout, you need to tell me why your job is more important than someone else's job.  Because, unlike private enterprise, the government does not create wealth, but can only move it around (with a leaky bucket, at that).  GM has wasted hundreds of billions of dollars of investment, so having the government invest money to save your job will likely cost >1 job somewhere else.  Just because we don't, and may never know, who that specific person is does not make this an ethical choice. 
3. I too, all things being equal, value having a healthy auto industry in the US  (which in fact we still have -- it just happens the headquarters of many of the companies that run the plants are over in Japan).  However, if you wish to argue that the bailout is necessary to save a US auto industry, you in fact need to argue that the current set of managers/contracts/systems/performance measures/organization/etc. of GM are better able to manage the employees and assets of GM than a different owner with different managers and approaches.  Because having GM fail does not make the assets or trained people disappear, it merely makes it more likely they will be managed by a different entity.  So all a bailout does is save the GM entity that manages these assets and people.

The Town of South Attleboro, MA sent out wildly threatening past due letters for folks with balances as low as 1-cent  (thereby investing at least 42 cents to get one back).  In response to charges that this was stupid, City Collector Debora Marcoccio responded:

A computer automatically printed the letters for any account with a balance remaining, and they were not reviewed by staff before being sent out, Marcoccio said.

"It would be fiscally irresponsible for me to have staff weed through the bills and pull out any below a certain amount," Marcoccio said. " And what would that amount be?"

What, are we living in the 19th century with clerks in a musty room preparing bills by hand?  This fix probably requires one whole entire line of program code in the billing system to fix.  I could probably teach myself to code whatever language the payroll system is written in (my guess is COBOL, which, god help me, I already know) in less time than this woman has spent fielding complaints and media inquiries.  Compare this to what TJIC has to do just to get the mail out.

And don't you love people who don't even have enough spine to make a simple decision about the cutoff for minimum bill size.  I have found this is one of those things the government is really, really bad at -- making decisions under uncertainty  (which covers about all decisions, except routine ones embodied in SOP).  Government has no incentives, in general, for productivity, or production, or customer satisfaction.  The only time government employees get feedback at all is when they get negative feedback from having someone yell at them for making a decision that some higher-up didn't like..  So if a decision is not justifiable either by past precedent/SOP or explicitly by the rules, it is not made.

By the way, I had a personal programming milestone last night.  I finally built a website without using a WYSIWIG editor that formatted the way I wanted it to all in CSS without a single table.  I predict that now that I have finally gotten a decent handle on CSS, which mainly consists of learning all the workarounds for when it doesn't work as you would expect, that someone is about to introduce a whole new system for formatting web pages.

Update:  Chart below is not correct.  It's enough in error that I have deleted it.  Author explains here.

William Biggs has a bunch of charts showing historic federal outlays, but below is his chart for year-over-year changes in federal outlays per capita, adjusted for inflation:

CHART DELETED

Last week I quoted from the Obama transition site:

The Obama Administration will call on Americans to serve in order to meet the nation's challenges. President-Elect Obama will expand national service programs like AmeriCorps and Peace Corps and will create a new Classroom Corps to help teachers in underserved schools, as well as a new Health Corps, Clean Energy Corps, and Veterans Corps. Obama will call on citizens of all ages to serve America, by developing a plan to require 50 hours of community service in middle school and high school and 100 hours of community service in college every year.

Now, it says this:

Obama will call on citizens of all ages to serve America, by setting a goal that all middle school and high school students do 50 hours of community service a year and by developing a plan so that all college students who conduct 100 hours of community service receive a universal and fully refundable tax credit ensuring that the first $4,000 of their college education is completely free.

Ben Smith and others argue that Obama never said it was mandatory.  Fortunately, I got a screen shot of the "require" language before the Obama department of Truth got to the page (click for full size):

Thanks to Walter Olson for bringing the swap to my attention.

Postscript: 100 hours for $4000 is a pretty good deal.  Not many private sector employers offering $40 an hour to recent high school grads.  Everyone out there OK with the government paying the equivalent of $80,000 a year salaries to 18-year-olds for sorting food at the food bank?

Refresher: It seems that some basic definitions are in order.  If one is required to work at a certain task, he is not a volunteer.  If one is paid $4000 for 100 hours of labor, he is not a volunteer.  A volunteer is someone who works of his or her own free will without monetary compensation, solely for the satisfaction of helping out.

Can't say this surprises me:

Seriously - couldn't you have predicted the last three in advance?

Via a reader:

An auction that netted $7.5 million in bids on 56 distressed Utah properties fell through last week after the owners -- three banks and two private lenders -- decided they may get a better deal by holding out for the government's bailout plan.

"There were buyers, but we couldn't sell the homes because free enterprise has gone out of the market," said Eric Nelson, founder of Las Vegas-based Eric Nelson Auctioneering.

His company on Sept. 30 put up for sale 56 foreclosed properties and lots, most of which are in Utah County.

The auction, held in Salt Lake City, attracted thousands, including 200 bidders who bid between $275,000 and $615,000 for 10 luxury homes in Midway and Murray that were appraised at between $525,000 and $652,000. They bid between $26,000 and $100,000 for 44 custom lots in Mapleton, Elk Ridge, Lehi, Alpine, Ogden, West Haven and Willard that were valued between $112,000 and $290,000 a piece.

The most-expensive properties on the auction block included a $1.2 million unfinished home in Draper, which attracted the highest bid at $615,000, while a 62-acre parcel in Park City that's valued at $3.5 million, snagged the highest bid at $1.125 million, said Eric Taylor Nelson, the company founder's nephew.

But all those bids were rejected late last week...

"This has never happened before. In the 25 years we've conducted lender-owned auctions, we've consistently closed over 95 percent of all high bids," Nelson said.

"The stock market's historic drop last week and the bailout plan are some of the main reasons why the lenders rejected the bids," he said. "They're thinking, 'Why sell the properties for 50 cents on the dollar when they may get 75 cents or 80 cents through the bailout?' "

Because they have done such a good job helping workers in the auto and airline industries.

From the WSJ here.  Its all part and parcel of the "stagnant middle class income" fib, discussed here.

And it couldn't happen to a nicer guy (hat tip to a reader):

Venezuela's daily oil production has fallen by a quarter since President Hugo
  Chavez won power, depriving his "Bolivarian Revolution" of much of
  the benefit of the global boom in oil prices...

The state oil company, PDVSA, produced 3.2 million barrels per day
in 1998, the year before Mr Chavez won the presidency. After a decade
of rising corruption and inefficiency, daily output has now fallen to
2.4 million barrels, according to OPEC figures. About half of this oil
is now delivered at a discount to Mr Chavez's friends around Latin
America. The 18 nations in his "Petrocaribe" club, founded in 2005, pay
Venezuela only 30 per cent of the market price within 90 days, with
rest in instalments spread over 25 years.

The other half - 1.2 million barrels per day - goes to America, Venezuela's only genuinely paying customer.

Meanwhile,
Mr Chavez has given PDVSA countless new tasks. "The new PDVSA is
central to the social battle for the advance of our country," said
Rafael Ramirez, the company's president and the minister for petroleum.
"We have worked to convert PDVSA into a key element for the social
battle."

The company now grows food after Mr Chavez's price
controls emptied supermarket shelves of products like milk and eggs.
Another branch produces furniture and domestic appliances in an effort
to stem the flow of imports. What PDVSA seems unable to do is produce
more oil.

Venezuela has proven reserves of 80 billion barrels,
but estimates suggest that it may possess 142 billion barrels - more
than anywhere else except Saudi Arabia....

All
this means that Venezuela has missed much of the benefit from the oil
boom and, now that prices are falling, Mr Chavez faces huge financial
problems. Nobody is sure at what point his government would be unable
to pay its bills, but most sources consulted believe this would
probably happen if oil falls to $80 a barrel. Yesterday, oil was
trading at $79.80.

More on "peak oil" being at least partially a function of state mis-management of promising oil reserves here.  Jim Kingsdale estimated last year, when prices were over $100 for oil, that oil prices would probably trade under $50 if the reserves were controlled by private companies rather than government buffoons.

Anyone who flies regularly and has not thought of at least five ways they could easily beat airport security isn't really trying.  Jeffrey Goldberg actually tries a few:

Suspicious that the measures put in place after the attacks of September 11 to prevent further such attacks are almost entirely for show"”security theater is the term of art"”I have for some time now been testing, in modest ways, their effectiveness. Because the TSA's security regimen seems to be mainly thing-based"”most of its 44,500 airport officers are assigned to truffle through carry-on bags for things like guns, bombs, three-ounce tubes of anthrax, Crest toothpaste, nail clippers, Snapple, and so on"”I focused my efforts on bringing bad things through security in many different airports, primarily my home airport, Washington's Reagan National, the one situated approximately 17 feet from the Pentagon, but also in Los Angeles, New York, Miami, Chicago, and at the Wilkes-Barre/Scranton International Airport...

Schnei­er and I walked to the security checkpoint. "Counter­terrorism in the airport is a show designed to make people feel better," he said. "Only two things have made flying safer: the reinforcement of cockpit doors, and the fact that passengers know now to resist hijackers." This assumes, of course, that al-Qaeda will target airplanes for hijacking, or target aviation at all. "We defend against what the terrorists did last week," Schnei­er said. He believes that the country would be just as safe as it is today if airport security were rolled back to pre-9/11
levels. "Spend the rest of your money on intelligence, investigations, and emergency response."

Though I have to give props to the TSA for supporting first Amendment rights, I am not sure their concern over free speech and privacy was driving this encounter:

On another occasion, at LaGuardia, in New York, the
transportation-security officer in charge of my secondary screening
emptied my carry-on bag of nearly everything it contained, including a
yellow, three-foot-by-four-foot Hezbollah flag, purchased at a
Hezbollah gift shop in south Lebanon. The flag features, as its
charming main image, an upraised fist clutching an AK-47 automatic
rifle. Atop the rifle is a line of Arabic writing that reads Then surely the party of God are they who will be triumphant.
The officer took the flag and spread it out on the inspection table.
She finished her inspection, gave me back my flag, and told me I could
go. I said, "That's a Hezbollah flag." She said, "Uh-huh." Not "Uh-huh,
I've been trained to recognize the symbols of anti-American terror
groups, but after careful inspection of your physical person, your
behavior, and your last name, I've come to the conclusion that you are
not a Bekaa Valley"“trained threat to the United States commercial
aviation system," but "Uh-huh, I'm going on break, why are you talking
to me?"

It turns out, incredibly, that most airport employees are not screened.  Because, you know, it would be grossly unfair to subject airport staff to the same sort of time-wasting indignities to which we all must acquiesce.  Also, many commercial flights have a belly-full of US mail which I am pretty sure is not inspected in any way.

I am on vacation this week, so blogging will be light.  Just as well, as I have absolutely no idea where to begin with the Federal plan to semi-nationalize the banking industry.  I fear that the Bush administration has done it to us again.  Economists will be poking through this situation years from now, and may well find the bunkers empty of WMD's.  Another trillion dollar commitment and unprecedented expansion of executive power ramrodded on the back of fear mongering and chicken-little crisis declaration.  Henry Paulson screams to the world that the sky is falling, and then wonders why he can't stop the panicked stampede.  The Fed breaks the discount window wide open and promises to lend and recieve near infinite amounts of bank funds, and then wonders why banks have stopped lending to each other and only will do business with the Fed.

Eric Posner writes:

Many legal academics claimed that courts should serve as fire walls
against the conflagration of fear. When the government locks someone
up, the courts should realize that in many cases either government
officials have panicked or are violating someone's civil liberties
merely to assure frightened citizens that something is being done. For
that reason, courts should treat the government's justifications with
skepticism, and never ever trust the executive branch.

These arguments have not yet surfaced in the current crisis. The
specter of fear is everywhere, not just on Wall Street. And the scale
of the government's reaction is no less than what it was after
9/11"”that is what probably scares ordinary people the most. Yet no one
who believes that the government exploited fears after 9/11 to
strengthen its security powers is now saying that the government is
exploiting financial crisis fears in order to justify taking control of
credit markets. No one who thinks that government would use fear to
curtail civil liberties seems to think that government would use fear
to curtail economic liberties. Why not?

No one, except me of course.  From my October 1 discourse with a Democratic friend:

I find it surprising that you take this administration
on faith in its declaration of emergency in the financial sector.
You've lamented for years about the "rush to war" and GWB's scare
tactics that pushed, you felt, the nation into a war it should not be
fighting, all over threats of WMD's that we could never find.  You
lamented Democrats like Hillary Clinton "falling for this" in Congress

But now the mantra is the same - rush, rush, hurry, hurry, fear,
fear, emergency, emergency. Another GWB declared crisis in which the
country needs to give the administration unlimited power without
accountability and, of course, stacks of taxpayer dollars to spend.  A
decision that has to be made fast, without time for deliberation.
Another $700 billion commitment.     And here the Democrats go again.
Jeez, these guys may have the majority in Congress but it is sure easy
for GWB to push their buttons when he wants to.  Heck, Pelosi is acting
practically as the Republican Whip to get GWB's party in line.

This is Iraq without the body bags, and without the personal honor
of brave soldiers in the trenches to give the crisis some kind of
dignity.

One of the things I have always found frustrating and confusing is the number of folks who call themselves "civil libertarians" who simultaneously have not problem with economic and nanny-state hyper-regulation.  In fact, ACLU types are often at the leading edge of calls for more regulation on safety or prices or property or whatever.

I have never been able to understand how the two are not inextricably linked.  How can bright-line protections of freedoms of choice and action be essential in one sphere of our lives but unimportant in others?  Here is just one example of how they work together, from none other than our egregious Sheriff, Joe Arpaio:

Arrest records from crime sweeps conducted by the Maricopa County
Sheriff's Office add substantial weight to claims that deputies used
racial profiling to pull Latino motorists over to search for illegal
immigrants....

even when the patrols were held in mostly White areas such as
Fountain Hills and Cave Creek, deputies arrested more Latinos than
non-Latinos, the records show. In fact, deputies arrested among the
highest percentage of Latinos when patrols were conducted in mostly
White areas.

On the arrest records, deputies frequently cited minor traffic
violations such as cracked windshields and non-working taillights as
the reason to stop drivers.

"These are penny-ante offenses that (police) almost always ignore. This
is telling you this is being used to get at something else, and I think
that something else is immigration enforcement against Hispanic
people," Harris said....

Brian Withrow, an associate professor of criminal justice at Wichita
State University, said racial profiling is very difficult to prove.

States have thousands of traffic laws on the books, so police can
almost always find a reason to stop someone. The U.S. Supreme Court has
ruled that police can legally use minor traffic violations as a
"pretext" to stop someone they suspect of other crimes. Withrow said
the only way to prove racial profiling is by looking at large numbers
of traffic stops to see if "patterns and practices" of selective
enforcement exist. Otherwise, it's difficult to tell whether police are
stopping motorists for legitimate reasons or merely based on race or
ethnicity.

Withrow agreed that the arrest records alone are inconclusive. But
he found it troubling that they show that Latinos were arrested more
frequently than non-Latinos even when the patrols took place in mostly
White areas such as Fountain Hills.

"That tells me that that is who is being targeted," Withrow said.

So what does it take to overcome the opposition of Congressmen who said they opposed the bailout bill as too expensive, too big of a giveaway, and too much of a moral hazard?  Why, more moral hazard (in the form of higher FDIC insured balances), increased spending, and, incredibly, money for alternative energy.  Are these guys a joke or what?  (HT Hit and Run)

By the way, I had a conversation yesterday with a very anti-Bush, anti-Iraq-War Democrat -- the sort that can't get through a five minute conversation without making a Dick Cheney crack.  She was lamenting the failure of the bailout package in the House and excoriating Republicans for being so ignorant and narrow-minded.  My response was:

I find it surprising that you take this administration on faith in its declaration of emergency in the financial sector.   You've lamented for years about the "rush to war" and GWB's scare tactics that pushed, you felt, the nation into a war it should not be fighting, all over threats of WMD's that we could never find.  You lamented Democrats like Hillary Clinton "falling for this" in Congress

But now the mantra is the same - rush, rush, hurry, hurry, fear, fear, emergency, emergency. Another GWB declared crisis in which the country needs to give the administration unlimited power without accountability and, of course, stacks of taxpayer dollars to spend.  A decision that has to be made fast, without time for deliberation.  Another $700 billion commitment.     And here the Democrats go again.  Jeez, these guys may have the majority in Congress but it is sure easy for GWB to push their buttons when he wants to.  Heck, Pelosi is acting practically as the Republican Whip to get GWB's party in line.

This is Iraq without the body bags, and without the personal honor of brave soldiers in the trenches to give the crisis some kind of dignity.

I missed this excellent interview with my local Congressman, John Shadegg, whom I don't always agree with but is still way better than 99% of Congress:

 

David Freddeso: Is a bailout necessary to save the economy at
this point from complete collapse "” from a major failure of multiple
institutions at the same time?

Shadegg: I think that's the most difficult question that
could be posed under these circumstances, and it's the question that I
have struggled all week to find the answer to. I have talked to a lot
of smart people who know Wall Street, know banking, know the economy
quite well, and you hear different opinions. Some will tell you that it
is absolutely essential. Quite frankly, I'm skeptical about that.

But I think that in some ways the question doesn't matter any more.
Because Secretary Paulson chose to raise the matter in the way he did "”
that is, to go public in a very high-profile way, not just with his
concern, but with a kind of Chicken-Little, the-sky-is-falling kind of
demand "” it became a self-fulfilling prophecy.

That is to say, once the secretary of the Treasury announces to the
world that there is a pending financial collapse, perhaps as great as
the Great Depression, and Congress must act "” he has sent a signal that
essentially tells world markets that Congress must act. I will tell you
that has been one of the most frustrating things about this since the
very beginning...

I can't tell you how many members of Congress were stunned at that
news, and were stunned that none of their local bankers were calling
them. And then they called their local bankers, as I called my local
bankers, and my local bankers said, "I think things are just fine." I
talked to one banker who said, "Gosh, we've got money, and we're
liquid, and we're making a profit. And we're in the market selling
loans, and we've got competitors trying to sell loans against us."

So, at that point, there's a disconnect. Secretary Paulson is
claiming that this is a catastrophe of generational proportions that
could go worldwide. And none of what we were hearing back home matches
that. And I'm not speaking just for myself, but also for many of my
colleagues who were making similar calls. They weren't being called by
their bankers, or by any of the businesses back home saying, "I can't
borrow any money".... If, in fact, Paulson had struck a chord with the
American banking community, wouldn't you think that after he announced
on Friday that there was a crisis of liquidity that threatens the
entire nation's financial solvency and Americans' jobs from coast to
coast, that my community bankers in Arizona wouldn't have been picking
up the phone by Monday morning, if not over the weekend, to say that "I
share the Secretary's concerns"?

 

Sometimes I snap at someone for their criticism of a particular politician.  Typically, they assume I am doing so because I support that politician.  But in reality, I am using just sick of the implication that somehow other politicians would have been much better.  I absolutely agree with Don Boudreaux's comment:

Fareed Zakaria (author of a truly fine book and columnist for the
Washington Post) rightly argues that Sarah Palin is unqualified to be
president of the United States (and, hence, by extension, unqualified
to be V-P). Mr. Zakaria is correct that Gov. Palin's recent answer to a
question about the economy "is nonsense - a vapid emptying out of every
catchphrase about economics that came into her head." He's correct also
that she's unfit to be entrusted with the power of the modern
presidency.

But Mr. Zakaria is incorrect to suppose that these traits separate
Gov. Palin from other candidates for high political office. Calls by
Senators McCain and Obama for cracking down on "speculators" are full
of classic and wrongheaded catchphrases, as is Sen. Obama's vocal
skepticism about free trade. Gov. Palin is merely less skilled in
passing off inanities and claptrap as profundities.

This is taken from and expanded from the end of this post.

Everyone involved in the bailout plan says, at least publicly, that they are not trying to bail out a bunch of Wall Street folks who lived high off the risk premium of these investments but now want to avoid the costs when the actual risks become clear.  They claim to be bailing out Wall Street and various large banks because they fear that a financial meltdown and liquidity crisis will starve main street businesses of cash, and create a deep economic slowdown.

OK, if this is the real policy goal -- to maintain the ability of main street businesses to borrow -- then here is my alternative proposal:

1. Immediately increase the SBA loan gaurantee authority by $100 billion dollars.  That is enough for a million new small business loans of $100,000 each.
2. Authorize treasury to spend up to X hundred billion to buy rated new issues of bonds and commercial paper of US non-financial companies.  Some limits should be applied - such as the feds cannot buy any more than 30% of a single issue and/or more than 10% of the entire outstanding debt of one company.

That's the plan.  Here are the advantages:

• The government is addressing the actual policy goal of keeping liquidity in main street business directly
• The government is investing in success, in main street companies trying to grow, and not in failed banks and financial institutions
• Moral hazard issues are avoided with financial institutions. 
• The SBA loan guarantees cost nothing today.  In fact, they are cash positive in the short term due to loan guarantee payments by borrowers.  Of course, they risk future losses,  but such losses in the future are in part covered by the guarantee payments, and a future loss is cheaper than a loss today.
• Investments in corporate bond issues are much easier to value, and are far less risky, than investments in illiquid mortgage securities.  The taxpayer is far less likely to take a beating on these purchases.
• Banks may still fail, but the FDIC has an infrastructure and experience for handling this.  If necessary to calm people, the FDIC could make a public commitment to assisted mergers to maintain all depositors.
• If there is some big financial meltdown, which I still doubt, there might be a need to inject some mortgage liquidity, but since the Feds now own Fannie and Freddie, the vehicle for doing so is easily available.

Update:  I was not clear -- this is actually an alternative to by alternative.  My first, preferred alternative plan is "do nothing."

I sat this weekend and pondered the pending financial bailout.  A number of fairly smart people who know more about Wall Street than I seem to think it a necessary evil, and this includes several folks who are nearly as libertarian as I.  Is a sort of knee-jerk libertarianism preventing me from accepting a necessary step to avert economic Armageddon?

I don't think so.  By the light of day on Monday morning, I still think it a bad idea.

Here is some of my thinking (to some extent my last point is the one that is most important to me -- if we want liquidity, let's put it in the right place).

• I am tired of businesses heading to the government bailout trough and arguing that the continued functioning not only of their industry, but of all the existing players in their industry, is critical to the health of the US economy and thus requires some sort of government subsidy/bailout/protection.  Coyote's first law of rent-seeking is that companies will always claim that failure of their business will have a disproportionately negative effect on the economy.  Coyote's first corollary to this law is that Congress usually accepts this argument at the exact point in time when it is no longer true.
• This bailout is even more grotesque than a normal industrial bailout.  GM can be said to have honestly tried to make the right cars, and just failed.  I don't like bailing them out, because I don't particularly like diverting capital into the hands of organizations that are proven failures at using capital well.  But the financial investors that we are bailing out today knew they were taking a lot of risk by purchasing risky securities and then leveraging them up on their balance sheets.  They lived high for years off of the fat returns for taking this risk, arrogantly explaining that they made lots of money because they were smarter than everyone else and because they were being rewarded for taking on risk.  But then they come running to the government when the returns on their risky securities turned south, which just makes me sick.  They were paid for taking this risk, so take it.  I am sorry that you have no cushion because all those earlier returns are already spent on Maserati's for your mistresses, but that is what chapter 7 is for.
• As many as 300,000 small businesses go bankrupt every year (this number is very, very hard to pin down, as it is hard to separate personal from business bankruptcy with small business).  Something like 299,998 of them do not get bailed out by the feds.  Why do the other 2 get special treatment vs. other US taxpayers?  Because they are better at lobbying Washington that they are essential?
• Yes, the government created the Alt-A and sub-prime mortgage markets,and caused them to flourish via Fannie and Freddie aggressively asking for and buying these loans.  And the feds, via tax policy, and local governments, via zoning, helped pump up the housing bubble.  But nothing forced private companies, particularly highly leveraged institutions like banks, to load up their balance sheets with these things, or, crazily, to write insurance policies on their value.  Libertarians want to use these government interventions as an excuse for the bailout, but it doesn't wash. I do think many banks reasonably have lawsuit material against ratings agencies Moodys and S&P, which is fine.  I think new blood in that business would be a very good thing.
• The total market capitalization of traded equities of public corporations on NYSE and NASDAQ is between $15 and $20 trillion.  That means that the first $150 billion of the bailout is equivalent to about a 1% price move on the exchanges, something that occurs almost every day.  Have we really close-coupled everything so tightly that a cumulative balance sheet hole on the order of magnitude of a 1% move on the stock market can bring down the whole financial system?  If so, we should just let the whole thing come down and rebuild itself in a more robust form.
• Wall Streeters pat themselves on the back all the time for how creative they are financially.  So get creative here.  Create some sort of new entity and have banks contribute toxic mortgages into the entity in exchange for equity.  Find some pension funds to invest in the new entity at a deep discount.
• These banks, who are experts in this stuff, claim they cannot value these failing, complex, illiquid mortgage packages.  OK, that may be true.  But how is the government possibly going to do any better?  Such a situation cannot possibly end well for the taxpayers. 
• I saw folks writing in fear last week that the commercial paper market might dry up.  The commercial paper market dries up all the time.  It comes back eventually.  People treat lending markets like they are charities or something, and they fear that lenders will give up and never come back.  But they are not charities.  They serve just as much of a purpose for lenders and for borrowers.  Businesses and folks with capital need to make money on short term cash.  They are not going to stop lending forever.  Even capital markets dry up from time to time.  The IPO market has disappeared several times, including several years in the post-Internet-bubble period. The junk bond market comes and goes.
• What is the government really worried about?  I presume that they are worried that liquidity will dry up and the ability of main street businesses to borrow will be impaired.  OK, then save the freaking $700 billion and if main street starts to have trouble borrowing, have the government participate somehow in that lending market.  Buy corporate bond issues, and/or increase the limit on SBA loan guarantees by a $100 billion  (this latter would allow a million new $100,000 SBA loans, and would actually generate money now in guarantee fees and only potentially cost money much later if the loans fail).  This way, we are investing liquidity in successful companies trying to grow rather than in failing banks that got us all into this.  Let's invest in success rather than in failure.

Much has been made of the bailout legislation provision that the administration would be immune to any scrutiny of any sort for any decision made vis a vis the $700 billion in bailout funds and the resulting spending decisions.  But I thought this was equally telling of the over-broad power grab that is going on at Treasury:

The SHR [senior House Republican] calls this an insurance program and the original Paulson plan a
purchase program. He says Treasury Department people have told him that
they considered an insurance program but decided that a purchase
program would be better. But he also added that in the draft
legislation Paulson has advanced, the Treasury would have the authority
to set up such an insurance plan without congressional authorization.
From what he said, it struck me that both courses could be followed.
After all, neither purchases nor insurance is contemplated to take
place unless and until a financial institution comes forward and
requests one or the other.

Jeez, how much latitude are they asking for?  Is the bill really so broad that the secretary of the treasury could set up an entirely new government insurance program for financial assets without further Congressional approval?

While I think Cantor is being overly-optimistic about the near-term cash flow of his insurance proposal, it does seem to be at least an incremental improvement over Paulson's plan.

So, apparently the US government is going to authorize up to $700 billion taxpayer dollars to purchase distressed financial assets.  I had an email today that said, to paraphrase, couldn't the government make money off these assets if they buy them for the right price?

My first thought was that this was theoretically possible, though my internal cynic found it unlikely in a pricing game run by elected officials between the taxpayer and powerful Wall Street interests that taxpayers would get the upper hand.

But then I realized there was no possible way this will end well for taxpayers.  Because the government cannot exercise discretion in day to day financial decisions.  It establishes rules and benchmarks and the typical bureaucrat is punished far worse for violating these processes and rules than he/she ever is for reaching a bad result.  So the government will establish rules and benchmarks for what price at which they will buy assets (this will be all the more true given the great rush everyone seems to be in).  And having set this in place, do you know what assets will be put to them?  All the ones that the current holders think are worth less than the benchmark.  This is the winners curse on steroids.

Update from Megan McArdle:

there's a gigantic asymmetrical information problem:  the owners of
these securities know much more about them than the Fed.  And there
isn't (obviously) a large liquid market for the Fed to check against.
So the Fed is likely to overpay, because there won't be a lot of
bidders in any one auction.

Megan, of course, reluctantly supports the bailout where I do not.  But she has her eyes open about what she is buying into.