Still Too Big to Jail.

“‘I think that there is a great sense of frustration and a sense of injustice that the laws have not been enforced in the way most Americans think they should have been,’ said Miller, who wrote the report’s chapter on regulatory enforcement. He notes that 79% of Americans ‘think more bankers and other financial executives should have been criminally prosecuted for their role in the financial crisis.'”

A welcome new report drafted by Americans for Financial Reform and Mike Konczal and championed by Senator Elizabeth Warren makes the much-needed case for further financial reform.“Today, the four biggest banks are 30% larger than they were five years ago. And the five largest banks now hold more than half of the total banking assets in the country.”

At the moment, Hillary Clinton’s 2016 ascendancy to the Democratic nomination, and subsequently the presidency, is looking like a virtual lock. But if Clinton really wants to nip a serious 2016 primary challenge in the bud, she’d start moving to the left on these matters. I’m not holding my breath. (Striking Guy Fawkes Day “Million Mask March” pic above via the OWS Twitter feed.)

The Wisdom of the Elders.

“Does this rollout failure discredit the core goals of a liberal project, including that of a mixed economy, a regulatory state, and social insurance? Conservatives in particular think this website has broad implications for liberalism as a philosophical and political project. I think it does, but for the exact opposite reasons: it highlights the problems inherent in the move to a neoliberal form of a governance and social insurance, while demonstrating the superiorities in the older, New Deal form of liberalism.”

Assessing the failure of the healthcare.gov rollout, Mike Konczal makes the case for returning to the old ways. “[T]he Category B grouping, which we associate with the New Deal and the Great Society…creates a universal floor so that individuals don’t experience basic welfare goods as commodities to buy and sell themselves…My man Franklin Delano Roosevelt may not have known about JavaScript and agile programming, but he knew a few things about the public provisioning of social insurance, and he realized the second category, while conceptually more work for the government, can eliminate a lot of unnecessary administrative problems.”

Of course, Social Security had rollout problems too. And progressives at the time definitely lamented the concessions that were made as Social Security evolved from bill to law, including the exclusion of agricultural and domestic laborers [re: African-Americans] from the law. (Frances Perkins: “The whole thing has been chiseled down to a conservative pattern.”)

That being said, I think it’s important to keep this in mind every time the right starts complaining about byzantine complexities in the Affordable Care Act: We could’ve avoided many of these issues if this change-bringing administration hadn’t immediately ruled out the obvious progressive solution to the health care problem — a single-payer system of Medicare-for-all, like most other advanced industrialized nations enjoy, perhaps phased in with an immediate voluntary buy-in and a gradual lowering of the coverage age.

Instead, we adopted the Republicans’ proposal, the marketplace/exchanges plan originally conceived by the Heritage Foundation and enacted by Mitt Romney, without even including a public option to keep the insurers honest. And what’d we get for this ginormous unforced concession to the right? Nothing. Republicans still didn’t support the health care law in 2010, and they’ve screamed holy hell that it’s tyrannical government socialism for the past three-odd years — even though it was their plan to begin with.

Now, they’re deliberately sabotaging implementation of the ACA and trying to pin every misstep, including this rather sad website #fail, as a failure of the liberal project. As Konczal aptly points out, what’s failing here is the NEO-liberal project — the desire to embrace public-private, technocratic conservative ideas of a generation ago (see also: cap & trade), in the hopes that today’s conservatives will somehow be intellectually honest enough to support them too. That is a sucker’s bet every time.

One other important takeaway from this article: “[I]f all the problems are driven by means-testing, state-level decisions and privatization of social insurance, the fact that the core conservative plan for social insurance is focused like a laser beam on means-testing, block-granting and privatization is a rather large problem. As Ezra Klein notes, ‘Paul Ryan’s health-care plan — and his Medicare plan — would also require the government to run online insurance marketplaces.'”

In other words, here again conservatives are decrying exactly what they ostensibly espouse. Perhaps a better way forward on fundamental pieces of legislation, instead of playing Lucy and the football with the Republicans, is to try to enact our own ideas from now on.

Update: In Foreign Affairs, Kimberly Morgan makes much the same argument: “The real source of Obamacare’s current problems lies in the law’s complexity. A straightforward way to assure coverage would have been to extend an existing, well-worn program to more people…In the United States, [due to] political antipathy to government programs…policymakers regularly rig up complex public-private, and often federal-state, arrangements that are opaque to the public, difficult to administer, and inefficient in their operation.”

Got to Have Kaya Now.

“Support for legalization has jumped 10 percentage points since last November and the legal momentum shows no sign of abating. Last week, California’s second-highest elected official, Lt. Gov. Gavin Newsom, said that pot should be legal in the Golden State, and advocates of legalization are poised to introduce a statewide referendum in 2014 to legalize the drug.”

As a follow-up to this post, Gallup finds that support for legalizing marijuana has shot up to 58%, following a similar pattern as gay marriage in recent years. Again, if they want to mitigate the usual midterm electorate problem, Dems should follow the Rove playbook on this, and get weed on the 2014 ballots ASAP.

The Neverending Shutdown.

“[W]ith recovery still perilously weak in 2010, the obvious response would have been a second dose of stimulus spending. But the political world was already moving in the opposite direction…In the end, for reasons both political and ideological, Obama decided that he needed to demonstrate that he took the deficit seriously, and in his 2010 State of the Union address he did just that…The Beltway establishment may have applauded Obama’s pivot to the deficit, but much of the economic community saw it as nothing short of a debacle.”

It’s the Austerity, Stupid: In Mother Jones, Kevin Drum surveys the rise of deficit hysteria in the Beltway over the past several years, with particular attention paid to the Reinhart-Rogoff debacle. “It’s not as if we needed the skills of Nostradamus to predict the consequences of austerity. It’s pretty much textbook economics.” (Rhino via here.)

“It was an awful time. Federal employees had to take unpaid furlough days. Beneficiaries were thrown off of federal programs. Courthouses had to be sold. Federal agencies like the FBI, the Food and Drug Administration, and the National Institutes of Health strained to meet commitments, leading to more crime, more outbreaks of disease and less basic research, among other horrors. This may sound like a description of the recent government shutdown, which ended October 16. But this describes the fallout from sequestration, the across-the-board cuts to discretionary spending that took effect March 1—arbitrary reductions that closely parallel the effects of the shutdown.”

Meanwhile, as David Dayen recently noted in The New Republic, the deficit witchhunt is continuing to wreak havoc across America, in the form of the sequestration budget. “Sequestration and artificial spending caps have become the new normal, and it’s redefining the role of government, rolling back the ambitions of the past, and constraining needed investments in the future. So let’s call it what it is: a government shutdown that’s infinitely worse than the one that just ended.”

Reign of Yoho.

“The power rests with Ted Yoho because the American political system has tolerated carefully cultivated ignorance and carefully tailored bigotry for far too long. Ted Yoho has been coming for years…The Republican party reveled in all the forces that are now tearing it apart. The Democratic party was criminally negligent and abdicated its profound responsibility to fight against those forces; indeed, it spent the better part of the 1980’s and 1990’s trying to surf the wave itself…”

“A great portion of the courtier press that now expresses horror at what is going on now went gleefully along for the ride as it became inevitable…This means all of you who went along for the ride on torture, and on Iraq, and who hid under the bed after 9/11. This is how the power came to rest with Ted Yoho, who is a fool and a know-nothing. This is how historical inevitability is created. This is how its momentum becomes unstoppable. This is how the wreckage piles up.”

With the government shutdown and threat of default receding — until January — Charlie Pierce names names for how we got to this sorry point. “‘Government is the problem,’ said Saint Reagan in his first inaugural. And everybody, all of you sorry bastards, cheered, and made completely predictable the moment in which the power of the government would come to reside in…Ted fking Yoho.”

What he said. I’d only add that, while the media moves on to other things (until we lurch into the next crisis a few months hence), all the GOP crazies who sent us over the cliff three weeks ago are still here. They’re still in power. They’re still making mischief. The budget is still underfunded. And this administration still seems all-too-inclined to give them a social insurance-slashing “Grand Bargain” for their troubles. This is not over.

Nihilists, Dude.

“‘It’s imperative to act now, Cruz warns, before the full benefits of Obamacare kick in and Americans get “hooked on the sugar, hooked on the subsidies.’ His plan: Yoke the defunding of Obamacare to the must-pass budget bill the House will take up in September. The endgame? To force a government shutdown so painful and protracted that Barack Obama would have no choice but to surrender the crown jewel of his presidency. ‘As scary as a shutdown fight is,’ Cruz insists, ‘if we don’t stand and defund Obamacare now, we never will.'”

Another dispatch from the madhouse: In a fine piece of reporting, Rolling Stone‘s Tim Dickinson delves inside the Republican suicide machine. “Having backed the GOP into a shutdown fight that congressional leaders never wanted, the insurgents are winning, and establishment leaders are running scared. America is now careening toward a catastrophic voluntary default on our debt because no one in the Republican Party with the authority to put on the brakes has the guts to apply them, for fear of being toppled from power.”

An important point Dickinson makes here that cannot be emphasized enough: We didn’t just stumble into this crisis: Taking the government and the debt ceiling hostage was the strategy all long, and the right-wing insurgents have been planning for this for months. “They’d drawn a dangerous lesson from the previous battle: Brinksmanship works…In February, the House temporarily suspended the debt ceiling — intending to give the president’s poll numbers three months to come back to earth.”

Hey, speaking of polling numbers coming back to Earth…

In any case, see also the NYT on this: “To many Americans, the shutdown came out of nowhere. But interviews with a wide array of conservatives show that the confrontation that precipitated the crisis was the outgrowth of a long-running effort to undo the law, the Affordable Care Act, since its passage in 2010 — waged by a galaxy of conservative groups with more money, organized tactics and interconnections than is commonly known.”

So we’re not in this hostage crisis by accident. The GOP even changed the House rules so they could maximize this confrontation. Republicans saw Obama fold in December 2010 on the Bush tax cuts and in August 2011 on the last debt ceiling hike. They think they can make him fold again here, and on every subsequent debt ceiling hike, and sadly, history is on their side on this. As Ted Cruz put it a few months ago: “If you have an impasse, you know — one side or the other has to blink. How do we win this fight? Don’t blink.”

Another small digression: If, like Ralph Nader this morning, you’re wondering why the right-wing of the GOP always seems to pull these sorts of stunts off while the left-wing of the Dems are usually completely marginalized, two quick answers: 1) The lefties don’t have billionaires backing their plays, and 2) we’re the People’s Front of Judea. They’re the right, they’re inherently better at the goose-stepping.

That being said, this whole episode also illustrates why it’s useless for Democrats to try to meet these fools halfway on policy: Republicans have now spent almost three years voting constantly to end the Affordable Care Act. To break a health care law originally penned by the Heritage Foundation and enacted by Mitt Romney, they have shut down the government and sent us to the brink of an economic default. So, how, exactly, would things be different if we had just passed Medicare for all, and/or a public option? They were going to lose their shit regardless, just like they did on Social Security, on Medicare, and any other progressive issue you can think of. There’s no point in trying to placate people who aren’t bargaining in good faith.

Anyway, as it happens, and as Andrew Sullivan recently pointed out, we’ve seen a minority party in America rejected at the polls try to take the entire nation hostage before. Here’s Abe Lincoln in 1861:

“What is our present condition? We have just carried an election on principles fairly stated to the people. Now we are told in advance, the government shall be broken up, unless we surrender to those we have beaten, before we take the offices. In this they are either attempting to play upon us, or they are in dead earnest. Either way, if we surrender, it is the end of us, and of the government. They will repeat the experiment upon us ad libitum. A year will not pass, till we shall have to take Cuba as a condition upon which they will stay in the Union.”

So too here: This time the scalp the GOP wants is the Affordable Care Act, or the Ryan budget, or social insurance cuts, or Malia Obama. “‘The girl. Bring us the girl,’ said Congressman Steve King (R-IA)..’The bill may pass, but the firstborn shall be ours.'” It’ll be something else the next time and the time after that.

That’s why John Judis is calling this “one of the worst crises in American history“, and why Jon Chait wrote that “Allowing Republicans to default on the debt now is better than trading something that allows them to threaten it later.” Because if Obama buckles this time — and, let’s remember, we already gave the GOP their sequester-funding-levels — the Republicans will just keep taking the American government and economy hostage to get whatever they want. And quicker than you can say he-said, she-said, the rest of the lazy Beltway media will come to treat this sort of hostage-taking as politics as usual. It has to end here, or it never will.

Dispatches from the Madhouse.

“There have been lazier Congresses, more vicious Congresses, and Congresses less capable of seeing forests for trees. But there has never been in a single Congress — or, more precisely, in a single House of the Congress — a more lethal combination of political ambition, political stupidity, and political vainglory than exists in this one…We have elected an ungovernable collection of snake-handlers, Bible-bangers, ignorami, bagmen and outright frauds, a collection so ungovernable that it insists the nation be ungovernable, too. We have elected people to govern us who do not believe in government.”

In other words, the best lack all conviction while the worst are full of passionate intensity. Or put another way: “It’s a Madhouse…a Madhouse!” So, yeah, this is my day job, and, sad to say, it’s mostly been like this since 2010: Two-to-three days out of the week, the House votes to repeal, defund, delay, or otherwise hamstring the Affordable Care Act. On the off day, it usually pays homage to some other deeply stupid and destructive Republican shibboleth, like, say, scrapping literacy programs, gutting the EPA, or kicking four million poor people off of Food Stamps.

That’s business as usual ’round these parts, and this idiotic, self-inflicted shutdown is just the apotheosis of the creeping crazy that has afflicted the House over the past three years. On the off-chance that people just might get better access to affordable health insurance — from a free-market-based plan originally conceived and enacted by Republicans, mind you — the GOP have now completely shut down the federal government. And since it’s looking like America just isn’t backing their play on this, the GOP already have their eye set on a bigger hostage: the nation’s credit rating. Here’s Clownshoes Ryan on this: “I think it will fold into the debt-ceiling fight. I think that’s inevitable, and preferable in my opinion…I like combining all of our leverage, which is sequester and the debt limit.”

That Ryan quote brings up an important and often-overlooked point about this current madness: There is a method to it, and for the GOP — however bad the headlines — this is mostly going according to plan. For, absent all the Sturm und Drang surrounding the Affordable Care Act, when it comes to the actual budget situation: The Democrats have (once again) already caved, and the Republicans will almost assuredly be getting the Austerity Economy they so desire. To wit:

Dave Dayen: “The new fiscal year, which begins October 1, is the natural moment to assess the harm sequestration has wrought, and fix it to prevent more damage. But the extreme nature of the House Republican demands has made a ‘clean’ budget resolution with spending cuts intact the compromise position in the debate.”

Digby: “The Democrats already folded. Sequestration is now the ongoing law of the land and Paul Ryan’s budget wet dream is considered the ‘clean’ continuing resolution…the Democrats have been losing on policy every step of the way since these budget battles began, even as they seem to be winning the politics. What could be more telling than the fact that the numbers in Paul Ryan’s budget are now considered the starting point in any new negotiations to end the shutdown?”

Rep. Jim McGovern (D-MA): “It’s baffling to me that the Republicans aren’t claiming victory. I’ve talked to a lot of them, privately, and a lot of them say, ‘Yeah, this is what we want. We should call it a day.'”

The point being, and with the caveat that a crisis situation has its own dangerously combustive logic — who knows what happens once ambitious, patently amoral dudebros like Ted Cruz and Paul Ryan call the shots? — the ACA fight is mostly a big shiny object to keep the fringiest of the right-wing loons happy and everyone else distracted. However much further down the rabbit hole the Republicans intend to take us — and it seems like they now want this to bleed right into the debt ceiling fight for maximum destructiveness — they’ve already got what they wanted in many of the ways that matter. They’re happier than a pig in slop whenever government seems broken. They rejoice every time lazy Beltway media pundits shrug and publish he-said, she-said stories about DC dysfunction. And they for all intent and purposes won their Austerity budget the moment Senate Democrats sent back and began pushing a “clean”-CR — meaning a government funded at sequester levels — as the compromise solution.

So, yeah, it’s a demoralizing time in Washington and no mistake — especially since, if anything, we’ll be lucky if the White House doesn’t try to step into the breach with another social-insurance-slashing Grand Bargain at some point. Hope and Change! But ah well, at least they keep making movies.

Holder: We Won’t Criticize It.

“The eight high-priority areas leave prosecutors bent on targeting marijuana businesses with a fair amount of leeway, especially the exception for ‘adverse public health consequences.’ And prosecutors have shown a willingness to aggressively interpret DOJ guidance in the past, as the many medical marijuana dispensary owners now behind bars can attest…But the official stressed that the guidance was not optional, and that prosecutors would no longer be allowed to use the sheer volume of sales or the for-profit status of an operation as triggers for prosecution, though these factors could still affect their prosecutorial decisions.”

In keeping with recent trends, and in what Ryan Grim bills as “a historic step back from its long-running drug war,” AG Eric Holder announces that DOJ will not actively challenge state marijuana decriminalization laws in Washington and Colorado. “A Justice Department official said that Holder told the governors…that the department would take a ‘trust but verify approach’ to the state laws. DOJ is reserving its right to file a preemption lawsuit at a later date, since the states’ regulation of marijuana is illegal under the Controlled Substances Act.”

Really, given that Obama himself was a documented bogarter-of-joints — Bad Form, Mr. President — any other policy towards Washington and Colorado would be extraordinarily hypocritical, even for this administration. And with that out of the way, may I offer some handy advice to my fellow Democrats, if we want to get to serious about this whole winning-elections thing? Take a page from Karl Rove’s old gay marriage playbook and get medicinal marijuana and marijuana decriminalization initiatives on as many state ballots as possible in 2014 and beyond — particularly in the midterm elections when youth turnout is low. It’s the right thing to do, and it’ll even further accelerate the ticking clock working against the GOP.

Strange Voices Are Saying…

“I don’t think there’s much hope at this point in blocking the nomination from the outside; apparently a chief executive can make terrible choices for dodgy reasons whenever he wants, as we’ve learned time and again…It’s good to be the king, especially when the court is so cowed (and by court I mean the professional DC liberal class).”

As rumors fly that — despite the obvious terribleness of the pick — Obama has virtually settled on Larry Summers as Fed Chair, David Dayen wonders aloud if this is all part of a Grand Bargain redux:

“You’re a President with a very tough set of fiscal fights coming up. You’ve wanted entitlement reforms for five years, but cannot get it worked out. You’ve been playing footsie with the Senate Republican caucus all year. Now you’re in a situation where you need Republican votes…I mean, any rational human would have given up on grand bargaineering by now…[but now] the White House can argue that they simply had to go along with, I don’t know, the chained CPI measure they put in their own budget, because it was a way to ‘get’ Larry Summers, among other things.” Frighteningly plausible.

Welcome to the Machine.

“We end up with a question of just how long the slow decay of existing systems (many of them admittedly dysfunctional) will go on without anyone, technocrat or otherwise, having to deal with the fact that the needs that created those systems remain as acute as ever while the ability of our society to satisfy those needs is more and more deficient…Defund the schools in Philadelphia and the children of Philadelphia who can’t flee to private institutions or move with families to the suburbs are still there. Incentives can only push so much dust under the rug before the rug itself is mounded high to the ceiling of the room.”

In a less-than-positive review of the administration’s recently-proposed higher education reforms — in short, Race to the Bottom for colleges — Tim Burke attempts to explain the madness behind Obama’s technocratic method. “Technocrats live in the wonderland of the question marks in the Underpants Gnomes business model, endlessly fussing over the exact terms of Point #1 and certain that the Profit! of #3 will follow.”

Also, I said this in the Virtually Speaking chat the other day, but we’ve tried this sort of business-minded technocratic leadership before in America — It didn’t pan out. (Burke post by way of Tropics of Meta.)