Christopher Dodd, D-Conn.

Halter only one of the “replacements” who could save Dems

In a handful of races, the party has replaced doomed incumbents on the ballot. And the results are encouraging

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Halter only one of the Joe Sestak, Andrew Cuomo and Bill Halter

Here’s one simple way for Democrats to enjoy a better-than-expected November: throw out their own incumbents before the voters get the chance to. In some of this year’s marquee races, the party has done just that, and the early results are encouraging.

Take the crucial Pennsylvania Senate contest, where Republican Pat Toomey essentially spent the last year running ahead of Arlen Specter, who had been the presumed Democratic nominee. The Democrats who were propping up Specter insisted he would be the party’s best general election bet, even though his 30 years in the Senate seemed to clash with the public’s anti-incumbent mood. Specter, of course, lost last week’s Democratic primary to Joe Sestak — and Sestak has, at least in the initial post-primary polling, opened a small lead over Toomey.

Sure, it could simply be that Sestak, who was barely known to Pennsylvanians even on primary day, is enjoying the kind of bounce that often accompanies generally positive saturation news coverage. But it’s also easy to see that in opting for him over Specter, Democrats made a smart fall bet.

The very attributes that were supposed to make Sestak an easy mark — his lack of name recognition, experience and polish — are all working for him right now. He’s been in Congress since 2007, but he feels new to most Pennsylvanians. In the last week, he’s been introduced to them as a gutsy outsider who took on the Democratic establishment and knocked off a calculating, five-term incumbent. This image is a perfect match for the moment, with marginal voters frustrated with the ruling Democrats (part of the buyer’s remorse nature of most midterm elections) and furious with the Washington establishment in general. It’s almost impossible to conceive of Specter keeping these voters in the Democratic fold in November. But Sestak at least has the potential to.

Democrats in Arkansas may be on the verge of a similar switch-out, with Blanche Lincoln potentially facing defeat in a June 8 Democratic runoff. As with Specter, national Democrats have touted Lincoln as their best — and maybe only — hope of holding on to the seat. By conventional standards, this would probably be true: She’s succeeded in conservative Arkansas in part by defining herself in opposition to the national Democratic Party on key issues. But in 2010, the evidence suggests, Arkansans don’t see her as a “centrist.” They simply see her as a Washington insider — and a member of the party they’re already inclined to vote against.

Her Democratic foe, meanwhile, would ordinarily be seen as too liberal to win in the fall. Lt. Gov. Bill Halter has received substantial support from organized labor and from national liberal groups that are angry with Lincoln. Halter has avoided using the “l-word,” but he’s been running against Lincoln from the left. And yet, last Tuesday’s preliminary election returns — which showed Halter besting Lincoln in conservative pockets of the state — suggest Arkansans don’t see him as a lefty; they see him as an outsider. And that reputation will only grow if Halter manages to knock off Lincoln on June 8. Winning in the fall would still be tough, but Halter — like Sestak — clearly offers his party its best chance.

This same game can also work at the state level. Take New York, where state Attorney General Andrew Cuomo formally announced his gubernatorial candidacy over the weekend. Cuomo is only running because the incumbent, David Paterson, has been rendered politically toxic, in part because of his own blundering and in part because of voters’ general rage toward Albany. Cuomo, despite his pedigree, has managed to craft an outsider’s image, using the A.G.’s office to score enviable headlines while avoiding the taint that comes with dealing with the Legislature (or grappling with the state budget). Paterson would lose to just about any Republican this fall, but Cuomo — in polling released on Monday — leads each of the three prospective GOP candidates by more than 40 points.

Or there’s Colorado, where first-term Democratic Gov. Bill Ritter declined earlier this year to seek reelection. Like many other governors, he’d seen his numbers drop as the economy and his state’s budget woes worsened. A poll last week gave Ritter an approval rating of just 34 percent. And yet that same poll found the Democrats’ replacement candidate, Denver Mayor John Hickenlooper, notching a favorable score of 47 to 33 percent. In a general election trial heat, Hickenlooper and Republican Scott McInnis are tied at 44 percent — a far cry, no doubt, from where Ritter would be if he’d stuck it out.

In most races this fall, Democrats will be handicapped by their party affiliation. But by replacing embattled incumbents with “outsiders,” they can level the playing field in some crucial ways.

That said, this approach will probably be of limited use to the party this year. For one thing, the Democratic establishment (just like the GOP establishment) instinctively rallies around its incumbents. So efforts from the party’s leadership to nudge aside vulnerable incumbents have been (and will continue to be) limited. Democrats were able to gently persuade Chris Dodd to give up in Connecticut back in January, but that’s been the exception, not the rule.

Then there’s the calendar. Sestak’s electability advantage (and potentially Halter’s) has come as a genuine eye-opener to many Democrats. Only now are they recognizing how poisonous incumbency really is this year. You can argue that they should have seen it coming — it’s pretty clear, for instance, that Democrats would have had a better chance in last year’s New Jersey gubernatorial race if they’d replaced the doomed Jon Corzine with former acting Gov. Richard J. Codey — but as a practical matter, it’s now too late to organize credible primary challenges in most states and districts.

Still, if Democrats end up holding on to the Pennsylvania or Arkansas seats (or both), it almost certainly would be enough to save their Senate majority — rather impressive, considering the party establishment’s warning that throwing out incumbents would jeopardize both seats.

Steve Kornacki

Steve Kornacki writes about politics for Salon. Reach him by email at SKornacki@salon.com and follow him on Twitter @SteveKornacki

Chris Dodd effectively kills Blanche Lincoln’s derivatives proposal

It's the Senate at its finest: Everyone gets to vote for a compromise that sounds good but does nothing

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Chris Dodd effectively kills Blanche Lincoln's derivatives proposalIn this provided by NBC Sunday, April 25, 2010, Sen. Chris Dodd, D-Conn., appears on "Meet the Press" in Washington, Sunday, April 25, 2010. Dodd, chairman of the Senate Banking, Housing and Urban Affairs Committee, who drafted the financial overhaul bill, said he hoped at least one or two Republicans would vote Monday with Democrats on beginning debate on the bill. He said he held out hope a deal could be struck in the coming days. (AP Photo/Meet the Press, William B. Plowman) MANDATORY CREDIT: MEET THE PRESS. NO SALES. NO ARCHIVES(Credit: William B. Plowman)

Here’s Chris Dodd’s face-saving solution to the Blanche Lincoln derivatives reform pickle: say we’ll still ban banks from trading derivatives, but not until after a “review” by a council of regulators. And then, in two years, we kill the whole thing and pretend it never happened. Everyone wins! (In the traditional US Senate sense of everyone winning, which means no one has to take a tough vote and nothing is accomplished.)

Polls in Arkansas don’t close until 8:30 pm ET, but most observers are already predicting that a June 8 runoff election between Senator Blanche Lincoln and challenger Bill Halter will be necessary. Meanwhile, Lincoln’s left-pleasing derivatives-regulating amendment to the Senate bank overhaul bill was supposed to bolster her support with the Democratic base, so it couldn’t be killed until she won or lost her primary.

The big problem with it the derivatives ban was that it attracted a lot of support, but not from the right people. Senators on the left and right liked it, and the unwashed masses seemed on board, but the Serious Adults who allowed this crisis to happen in the first place and who are also all still in charge of everything all thought it was a bit much.

It looks like Chris Dodd came up with the compromise, which is brilliant in its simplicity. Everyone gets to vote “for” the “ban” without worrying about the ban ever happening, because the council of regulators who’ll study the ban before implementing it is made up entirely of people who are opposed to the proposal. The council will even be chaired by Treasury Secretary Tim Geithner, who will have final say about whether to enforce the ban. (Hint: he will decide not to.)

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Alex Pareene

Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene

Can a backroom deal on bank reform be stopped?

The legislative dance is more transparent than ever. But that doesn't mean tough new rules on derivatives are safe

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Can a backroom deal on bank reform be stopped?Senate Majority Leader Harry Reid of Nev., right, accompanied by Senate Banking Committee Chairman Sen. Christopher Dodd, D-Conn., speaks about financial reform, Wednesday, April 28, 2010, on Capitol Hill in Washington. (AP Photo/Charles Dharapak)(Credit: AP)

Harry Reid has filed for cloture on bank reform, meaning that a final vote on the Dodd financial regulation bill, as amended after several weeks of Senate debate, could happen this week — possibly even as early as Wednesday. That prospect seems a bit unlikely, however, given that there is some significant work yet to be done on one of the critical issues left remaining: how to properly regulate derivatives trading.

The biggest question right now: whether bank holding companies and other financial institutions that take advantage of various forms of federal support should be allowed to trade derivatives. As it stands right now, the Dodd bill includes Sen. Blanche Lincoln’s notoriously strong proposal requiring bank holding companies to completely spin off their derivatives trading operations.

Republicans, the White House, Sen. Chris Dodd, the banking industry, and even former Federal Reserve Chairman Paul Volcker all think the Lincoln language goes too far. But according to one popular theory, the Senate has decided to take no action to loosen her rules until after today’s Arkansas Democratic primary, in which Lincoln is attempting to fend off a challenge from the left by state Attorney General Bill Halter. The scuttlebutt Tuesday morning was that Sen. Dodd and Sen. Richard Shelby, the Senate Banking Committee’s ranking Republican, were busy cooking up a “manager’s amendment” that will do the dirty work and be voted on at the last minute before a final vote on the bill. Failing that, there’s always the chance that significant changes could be made during the conference process when Senate and House negotiators reconcile the varying language in their bills.

Paul Volcker, the originator of “the Volcker rule,” believes Lincoln’s proposal interferes with legitimate derivatives trading on behalf of bank customers. His proposal would allow banks to continue to buy and sell derivatives for clients while preventing them from speculating in derivatives for their own profit using depositor money guaranteed by federal insurance. However, as it currently stands, the Dodd bill only requires that regulators study whether the Volcker rule would be a good idea and then make a decision as to whether to implement it.

Finally, there’s an important amendment proposed by Democratic Sens. Jeff Merkley and Carl Levin that still awaits a vote. The Merkley-Levin amendment would make the Volcker rule into the immediate law of the land, and contains specific rules on what banks are allowed to do. Volcker supports the Merkley-Levin amendment, but Dodd does not.

Thanks largely to the emergence of the blogosphere, we, the general Internet-connected public, have a greater ability to track and understand the legislative process than ever before. The incredibly detailed coverage of every twitch in the year-long struggle over healthcare reform served as Exhibit A of this new reality. Bank reform is Exhibit B.

Consider Merkley-Levin. On Sunday, the New York-based finance lawyer who writes the blog Economics of Contempt blasted the Merkley-Levin proposal as completely unworkable.

Zach Carter at the Huffington Post, Mike Konczal at Rortybomb and, unsurprisingly, Merkley’s office promptly disagreed, with varying degrees of vociferousness. Read all four posts and you will feel pretty informed. Personally, Volcker’s support and the banking industry’s intense opposition clinch the deal for me. I’m looking forward to the vote on the amendment — judging by the Senate’s track record over the last couple of weeks, it might even pass.

So far, almost every step of the process of creating new derivatives legislation has been remarkably public, and I would argue that the constant glare of attention from the Internet-enabled masses has gone a long way toward defeating lobbyists’ attempts to cut a backroom deal. The lobbyists don’t like the Volcker rule, don’t like Merkley-Levin, and hate, hate, hate Blanche Lincoln’s ban. But with a majority of senators mindful of popular sentiment against Wall Street, and a universe of bloggers and reporters tracking every blip on the financial radar, lobbyists are finding themselves, so far, relatively powerless.

And yet, here we are at the endgame, and we don’t really know whether all that transparency will finish the job. We know that Dodd and Shelby are working on their mysterious manager’s amendment even now. We know that pressure from lobbyists and the administration will be intense during the conferencing process. We know that sometime this week, or maybe next, the rubber will hit the road. And it’s worth asking, what good will all the clarity and transparency that the process has enjoyed up to now end up being worth, if at the last minute a backroom handshake seals an undemocratic deal?

UPDATE: Republicans appear to be doing their best to block any further votes on “controversial” amendments.

LATER UPDATE: The fix is in: Dodd offers his own amendment that would “delay implementation” of the Lincoln plan.

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Andrew Leonard

Andrew Leonard is a staff writer at Salon. On Twitter, @koxinga21.

Banking reform surprise: Not gutted yet

In a virtuoso display of moderate, incremental progress, the Dodd bill lumbers toward a vote

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Banking reform surprise: Not gutted yetU.S. Senate Banking Committee Chairman Chris Dodd (D-CT) speaks during a news conference to discuss efforts to reform Wall Street on Capitol Hill in Washington, April 19, 2010. REUTERS/Hyungwon Kang (UNITED STATES - Tags: BUSINESS POLITICS IMAGES OF THE DAY)(Credit: © Hyungwon Kang / Reuters)

The most surprising news about banking reform’s progress through the Senate is that Sen. Blanche Lincoln’s proposal to strip derivatives trading from the big banks is still intact. Excising that provision is now the top priority for banking lobbyists, but so far they’ve made no apparent headway. On Wednesday, an amendment designed to do Wall Street’s bidding, sponsored by Sen. Saxby Chambliss, R.-Ga., went down to defeat. A final vote could happen as early as next week, raising at least the possibility that the Dodd bill might have a significant impact on how JP Morgan Chase et al. do business.

But something else is scheduled for next week — Sen. Blanche Lincoln’s Arkansas primary, in which she has been challenged from the left by state Attorney General Bill Halter. According to a story by Carrie Budoff-Brown in Politico, Senate Democrats may be holding off any action to weaken the derivatives language until after Tuesday’s primary.

Trying to shore up her left flank, Lincoln went further than the White House, the House and the Senate Banking Committee to crack down on derivatives, the complex financial instruments at the heart of the 2008 economic crisis.

And Lincoln’s in no mood to compromise just days before her May 18 primary. So Democratic leaders have held back from going too far to force changes in her bill and risk embarrassing Lincoln ahead of the vote, according to multiple Senate aides and industry officials familiar with the negotiations.

But with the White House and former Federal Reserve Chairman Paul Volcker both arguing that Lincoln’s derivatives regulation goes too far, the conventional wisdom expects a deal that will ease Wall Street’s fears to be made, either next week, before a final vote, or in conference when the House and Senate attempt to reconcile the language of their reform bills (in the event that the Senate ends up passing the Dodd bill.)

There are reasons to be cheerful about how the bill is surviving the grinding amendment process. Republican efforts to weaken consumer protection and derivatives regulation have been beaten back, and one could make an argument that the majority of amendments that have passed have actually strengthened the bill. Just this morning, an amendment proposed by Sen Al Franken that would shift responsibility for initial ratings of securities from the credit rating agencies to the SEC passed 64-35. But there is still no guarantee that the final outcome will be strong enough to fix what ails Wall Street.

The only real guarantee is that the bill won’t veer into radical territory on the right or the left. Which, strange to say, is testimony to Dodd’s masterful leadership. Attempts to gut the bill are getting beaten back, along with attempts to upgrade the bill into industrial strength. So on the one hand, an aggressive — and likely disastrous — Republican attempt to unwind Fannie Mae and Freddie Mac — which between them guarantee 97 percent of U.S. home mortgages — failed to pass, but so did a Democratic effort to mandate that too-big-to-fail banks be broken up. And after some adroit maneuvering, the most radical amendment that had a real shot at passing — Sen. Bernie Sanders “Audit the Fed” amendment — was substantially watered down into an “Audit the Fed just once” amendment.

So that’s the basic picture: Conservative GOP efforts to derail the bill are failing, as a handful of moderate Republicans consistently side with Democrats. Progressive attempts to supercharge the bill are going nowhere, beaten down by sizable majorities. But incremental, sensible improvements targeting abuses in such areas as the mortgage lending and credit ratings businesses, or requiring more transparency from the Fed, are passing. So far, in sum, the bill appears to be improving as the process plays out. That’s not necessarily how Congress usually works, so I guess it’s something to be happy about.

But then, there’s always next week.

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Andrew Leonard

Andrew Leonard is a staff writer at Salon. On Twitter, @koxinga21.

Did the GOP just cave on bank reform?

The media is already declaring victory for Democrats, but if Wall Street got what it wanted, the glee is premature

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Did the GOP just cave on bank reform?U.S. Sen Richard Shelby (R-AL) makes a point while taking questions at the Reuters Financial Regulation Summit in Washington, April 24, 2009. REUTERS/Stelios Varias (UNITED STATES POLITICS BUSINESS)(Credit: Reuters)

Numerous media outlets are reporting that the GOP has decided to end its filibuster and allow debate to begin on the Dodd banking reform bill, after, reports the AP,  Republican Sen. Richard Shelby announced that he had received “assurances that Democrats will adjust [the] banking regulation bill to address concerns that it perpetuates bailouts.”

Time’s Jay Newtown-Small was quick to label the decision a Republican “cave.” If true, that’s something of a stunner: The Democrats threaten to keep the Republicans up all night, and minutes later, the GOP waves the white flag.

But it’s quite possible that the opposite is true — that it’s the Democrats who caved. We don’t have enough details  yet to be sure, but if the assurances that Shelby received from Dodd included a decision to drop the $50 billion bank “orderly liquidation fund,” then the real winners here are the GOP and the banks.

The Dodd bill raises the $50 billion fund via a direct assessment on banks. The big banks hate the idea, because that money comes directly out of their current profits. According to one theory, when the Republican Senate leadership met with Wall Street executives in New York a few weeks ago, the banks made it clear that their No. 1 priority was scuppering the fund.

The New York Times reports:

Republicans insisted that they had won some crucial concessions from Democrats, including the elimination of a proposed $50 billion fund that would be paid for by big financial companies and would be used to help pay for putting failed banks out of business.

Or there’s a third scenario, with the truth somewhere in between. Grumbling by moderate Republicans has been growing louder, which could have convinced Shelby to take as an “assurance” something a little less tangible than an out-and-out commitment to dump the fund. Certainly, the somber tone of statements released by both Mitch McConnell and Richard Shelby, stressing the areas of disagreement that still exist — consumer financial protection and derivatives regulation — do not sound like victory declarations.

But as the media rushes to crown Democrats with the garland of victors, let’s just remember — if the fund is gone, Wall Street won its first major skirmish.

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Andrew Leonard

Andrew Leonard is a staff writer at Salon. On Twitter, @koxinga21.

A citizen’s short guide to reforming Wall Street

In order to ensure that the financial meltdown is not repeated, the Dodd bill needs to consider three policies

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A citizen's short guide to reforming Wall StreetThe new Goldman Sachs Group, Inc. headquarters, also known by its address as 200 West Street, is seen in New York's lower Manhattan, April 16, 2010. Goldman Sachs Group Inc was charged with fraud by the U.S. Securities and Exchange Commission over its marketing of a debt product tied to subprime mortgages that was designed to fail. REUTERS/Brendan McDermid (UNITED STATES - Tags: BUSINESS CRIME LAW)(Credit: © Brendan Mcdermid / Reuters)

The real scandal isn’t Wall Street’s unlawful acts (i.e., Securities and Exchange Commission vs. Goldman Sachs) but legal acts that have reaped the Street a bonanza and nearly sunk the rest of us.

It’s good we finally have an SEC on which three out of five commissioners are willing to enforce laws already on the books. Hopefully other enforcement agencies (CFTC, FDIC, and the Fed) will follow suit. But we also need to make illegal the recklessness that’s now legal.

The Dodd bill now being considered in the Senate is a step in the right direction. Yet despite the hype, it’s a very modest step. It leaves out three of the most important things necessary to prevent a repeat of the Wall Street meltdown.

1. Require that trading of all derivatives be done on open exchanges where parties have to disclose what they’re buying and selling and have enough capital to pay up if their bets go wrong. The exception in the current bill for so-called unique derivatives opens up a loophole big enough for bankers to drive their Ferraris through.

2. Resurrect the Glass-Steagall Act in its entirety so commercial banks are separated from investment banks. The current bill doesn’t go nearly far enough. Commercial banks should take deposits and lend money. Investment banks should be limited to the casino we call the stock market, helping companies issue new issues and making bets. Nothing good comes of mixing the two. We learned this after the Great Crash of 1929, and then forgot it in 1999 when Congress allowed financial supermarkets to do both.

3. Cap the size of big banks at $100 billion in assets. The current bill doesn’t limit the size of banks at all. It creates a process for winding down the operations of any bank that gets into trouble. But if several big banks are threatened, as they were when the housing bubble burst, their failure would pose a risk to the whole financial system, and Congress and the Fed would surely have to bail them out. The only way to ensure no bank is too big to fail is to make sure no bank is too big, period. Nobody has been able to show any scale efficiencies over $100 billion in assets, so that should be the limit.

Wall Street doesn’t want these three major reforms because they’d cut deeply into profits, and it’s using its formidable lobbying clout with both parties to prevent these reforms even from surfacing. It’s time for Main Street — Tea Partiers, coffee partiers and beer drinkers — to be heard.

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Robert Reich, one of the nation’s leading experts on work and the economy, is Chancellor’s Professor of Public Policy at the Goldman School of Public Policy at the University of California at Berkeley. He has served in three national administrations, most recently as secretary of labor under President Bill Clinton. Time Magazine has named him one of the ten most effective cabinet secretaries of the last century. He has written 13 books, including his latest best-seller, “Aftershock: The Next Economy and America’s Future;” “The Work of Nations,” which has been translated into 22 languages; and his newest, an e-book, “Beyond Outrage.” His syndicated columns, television appearances, and public radio commentaries reach millions of people each week. He is also a founding editor of the American Prospect magazine, and Chairman of the citizen’s group Common Cause. His widely-read blog can be found at www.robertreich.org.

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