The Enron Case: Bush's Criminal Conspiracy

One of the reasons liberal Democrats are so angry at the Democratic Congress is because Nancy Pelosi promised that, if elected, she would 'drain the swamp', and so far, she hasn't.  Those are code words, not just for investigating, but actually ending the corruption that the Bush administration and the conservative movement has enabled and systemized into our very politics.  Take Al Hubbard, a crony of Bush and a key conservative operative since the 1970s.  He worked on Dan Quayle's secretive Competitiveness Council, undermining wetlands protection and key government regulations so as to benefit big business.  And now he is helping Bush to help legalize what Enron's bankers did in the name of preventing lawsuits.

We expect this 35 year reign of criminal looting of our government to end, period.  And so far, it hasn't.  Take Bush's personal intervention in the case that legalized corporate fraud, which is now before the Supreme Court, a case that uber-savvy progressive operative Bob Borosage brought to my attention months ago.  This came to light today.

In a lawsuit that harks back to the Enron scandal, the Bush administration is at odds with the federal agency that oversees securities markets as well as with state attorneys general and consumer and investor advocates.

President Bush personally weighed in with his views before the administration decided not to support investors whose securities fraud case is now before the Supreme Court.

The president's message was that it's important to reduce "unnecessary lawsuits" and that federal securities regulators are in the best position to sue, said Al Hubbard, Bush's chief economic adviser and director of the National Economic Council.

Hubbard said Bush's perspective was conveyed to Solicitor General Paul Clement by Deputy White House counsel Bill Kelley. Hubbard said the president communicated his policy views, not specifically what he thought the solicitor general should do.

Bush's role in the case underscores its significance. The outcome of the Supreme Court case could determine whether investors can pursue lawsuits to recover investment losses if they can prove collusion between Wall Street institutions and scandal-ridden companies.

The deadline for siding with investors in the case now before the Supreme Court ended at midnight Monday, and the solicitor general did not file a brief. Clement represents the government's views before the Supreme Court. The administration will decide in the next 30 days whether to side with the defendant companies or not to participate in the case at all.

"We think the SEC is the right entity to bring those lawsuits and make sure investors are protected," Hubbard said in describing the president's views. "We are in a society that is overly litigious and it's very harmful to society, very harmful to investors."

"The president believes that it's important to make certain that we reduce the unnecessary lawsuits because that's a very big burden to the economy, which adversely impacts investors," Hubbard added.

"There was a difference of opinion within the administration, but ultimately the president makes up his own mind," said Hubbard. He said the Federal Reserve and the Office of the Comptroller of the Currency sent letters supporting "the policy position that the president believes in." The Treasury Department also sent a letter to the solicitor general echoing the president's views.

The Securities and Exchange Commission voted 3-2 to ask the solicitor general to support shareholders. SEC Chairman Christopher Cox, a former Republican congressman appointed by Bush, sided with the two Democrats.

The bureaucratic infiltration is remarkable.  The case is about whether banks who knowingly defraud investors by helping corporate officers structure fraudulent capital structures are liable for their behavior.  That the Federal Reserve has weighed in on the side of the banks shows extensive damage to our governing institutions.  This is a hyper-partisan corrupt deal, entirely to the benefit of the elites at the Business Roundtable.   The Treasury Department, the Justice Department, the Federal Reserve, and the Comptroller of the Currency are all colluding against investors on this backing Hubbard's extreme right-wing stance.  Truly, gangsters in suits with PhDs are running our government, and many of these are appointed in staggered terms.  When Bush leaves office, lots of these hacks won't.

Christopher Cox of the SEC, a Republican from California, surprisingly voted for investors on this one.  That's a commendable stance, and he deserves to go into that category of 'good bad guys' that the Bush administration has forced us to create (along with Ashcroft, Hagel, etc).

Speaker Pelosi's promise to 'drain the swamp' is going to require extensive and long-term action to reverse the damage the conservative movement has done to our country over the last thirty years.  It's going to require prosecutors who understand how to take down mob-like rackets, because that's really what we're up against, at every level of government (from developers at the local level to Federal Reserve governors).  The neoconservatives learned their political tactics as Trotskyites, and explicitly built their conservative movement around infiltrating government institutions with 'their people'.  The K-Street project was one such institutional innovation, but there are many, many others, as secretive as they are dangerous.  And we're seeing this now, as Bush personally intervenes on behalf of big business elites who want to be able to continue to steal from the public without consequence.



Display:


Re: The Enron Case: Bush's Criminal Conspiracy (none / 0)

Matt, I have to ask if you have seen this article, written by Obama's camapaign attorney, Robert Bauer:

http://www.huffingtonpost.com/robert-f-b auer/the-progressive-case-for-_b_51983.h tml

Should that not be a frontpage diary to discuss the implications of a "Progressive case for a Scooter Libby pardon"?  


by georgep on Wed Jun 13, 2007 at 03:39:21 PM EST

Re: The Enron Case: Bush's Criminal Conspiracy (none / 0)

Yes, I don't have much to add.


by Matt Stoller on Wed Jun 13, 2007 at 04:26:25 PM EST
[ Parent ]

Re: The Enron Case: (none / 0)

My faith in the democrats can only comeback when they take Article II, Section 4 of the Constitution and apply it to Bush, Cheney, Rice and Gonzo.

Until them...all that comes out the mouth of Reid, Pelosi, Schumer, Clinton, Edwards, Obama, Biden, Kerry and the like...is nothing but hot air.


Can you say with a straight face that Hillary has been a strong leader in the Senate?
by AnthonyMason2k6 on Wed Jun 13, 2007 at 03:53:26 PM EST

Re: The Enron Case: (none / 0)

That's an awfully high standard, isn't it? Impeachemnt is a pretty serious matter and Bush may be deserving, but if you're going to bandy thath term aroiund they way the neocons did under Clinton, you may not be any better than they were.

P.S.- Rudy thanks you for your support.


by spirowasright on Wed Jun 13, 2007 at 05:08:31 PM EST
[ Parent ]

Wow (none / 0)

Wow you sure know the country pretty fucked up when things are so bad that many of us forgot all about a debacle like Enron lol.

Those that lost everything in that will likely never see justice, while those behind the scenes committing the crimes will likely retire rich and young with their overseas bank accounts and untouchable estate homes in Florida.


by Jon Niola on Wed Jun 13, 2007 at 04:18:56 PM EST

Re: The Enron Case: Bush's Criminal Conspiracy (none / 0)

thank you matt.

this shouldn't be a partisan issue.

that it is...  with one side pro-swamp and the other side pro-appearing-to-care-about-draining-the -swamp is very, very sad.


by selise on Wed Jun 13, 2007 at 04:23:33 PM EST

Re: The Enron Case: Bush's Criminal Conspiracy (none / 0)

Here's an important step in the right direction that has gotten almost no coverage, not only in the MSM but in the blogosphere as well from what I can tell:

S.214
Title: A bill to amend chapter 35 of title 28, United States Code, to preserve the independence of United States attorneys.
Sponsor: Sen Feinstein, Dianne [CA] (introduced 1/9/2007)      Cosponsors (16)
Related Bills: H.R.580
Latest Major Action: 6/4/2007 Presented to President.

What this bill does is repeal that odious provision of the Patriot Act that allows the AG to appoint permanent "interim" USAs, and restores that role to each district's court. It passed by overwhelming margins in both houses (which to me indicates that more than a few Repubs are also sick of this administration and not only won't carry water for it any longer, but want to go after it, only not yet openly) and will become law soon since Bush's veto would be overriden.

Once the current crop of Bushie USA's are fired and (presumably) qualified ones appointed in their place, the process of oversight and investigation should go into high gear. We've only seen the preliminary establishing and procedural moves by this congress towards oversight so far, and I hope that we're soon going to see its full force and fury once all the preliminary pieces are soon in place.


by kovie on Wed Jun 13, 2007 at 05:18:49 PM EST

Re: The Enron Case: Bush's Criminal Conspiracy (none / 0)

This is exactly right.


by syolles on Wed Jun 13, 2007 at 10:57:04 PM EST

Re: The Enron Case: Bush's Criminal Conspiracy (none / 0)

"The president believes that it's important to make certain that we reduce the unnecessary lawsuits because that's a very big burden to the economy, which adversely impacts investors," Hubbard added.

Indeed investors are affected.  On the one side, we have banks, whose investors are affected.  On the other side we have all kinds of other investors, small players, people with money in Enron's 401(k) plan, TIAA-CREF, CALPERS and so on.  

Hubbard thinks that we should protect the investors in the banks at the expense of other investors. If you stole it, you get to keep it:  the republican mantra.


by masaccio on Thu Jun 14, 2007 at 09:43:55 AM EST

The Enron Case= Gang Of Pirates (none / 0)

It is the Gang Of Pirate mantra, but only for the Gang Of Pirates, like the Mafia you have to pay the Vigorish through the proper K-street money changers.


by Freedem on Thu Jun 14, 2007 at 10:18:36 AM EST


You are not logged in.

In order to post a comment, you must be logged in. If you have a member account, please log in to comment.

If not, you can make an account right here. It's quick and free.