Banksters of America.

“‘Everyone knew that we weren’t helping people,’ said Erik Schnackenberg, a customer-service manager who left Urban Lending in 2011…’They were giving us all the pressure and none of the power to change anything. It was this absurd, self-contained ecosystem of worthlessness.'”

Bloomberg‘s Hugh Son delves into Urban Lending, the fraudulent front group/vendor that serial offender Bank of America worked with to profit from families facing foreclosure. “Instead of helping homeowners as promised under agreements with the U.S. Treasury Department, Bank of America stalled them with repeated requests for paperwork and incorrect income calculations…Tens of thousands of HAMP modifications were improperly denied by Bank of America and Urban Lending since April 2009.” Sure would be nice if somebody went to jail for this. (Image via Rolling Stone.)

Update: “As Judge Jed Rakoff recently wrote in a scathing essay in the New York Review of Books, the failure to prosecute those responsible for the biggest financial crisis since the Great Depression ‘must be judged one of the more egregious failures of the criminal justice system in many years.'” In very related news, David Dayen makes the case for Jamie Dimon’s long-overdue perp walk. “Open the business pages at random and they often read like the police blotter.”

Pope and Change.

“It is no longer simply about exploitation and oppression, but something new…In this context, some people continue to defend trickle-down theories which assume that economic growth, encouraged by a free market, will inevitably succeed in bringing about greater justice and inclusiveness in the world. This opinion, which has never been confirmed by the facts, expresses a crude and naïve trust in the goodness of those wielding economic power and in the sacralized workings of the prevailing economic system. Meanwhile, the excluded are still waiting.”

In his recent major encyclical, Evangelii Gaudium, Pope Francis calls out the obvious shenanigans that is trickle-down economics, and has some choice words for the financial sector:

“How can it be that it is not a news item when an elderly homeless person dies of exposure, but it is news when the stock market loses two points?” “This imbalance is the result of ideologies which defend the absolute autonomy of the marketplace and financial speculation…To all this we can add widespread corruption and self-serving tax evasion, which have taken on worldwide dimensions. The thirst for power and possessions knows no limits. In this system, which tends to devour everything which stands in the way of increased profits, whatever is fragile, like the environment, is defenseless before the interests of a deified market, which become the only rule.”

I already sung the praises of this Pope a few months ago, but it can’t be said enough: this Holy Father is such a breath of fresh air. His recent courage in this regard even encouraged our President to make his own quite-good speech about income inequality last week: “So let me repeat: The combined trends of increased inequality and decreasing mobility pose a fundamental threat to the American Dream, our way of life, and what we stand for around the globe.”

Unfortunately — like Obama’s Osowatomie speech in 2011 and his election night speech in 2012 — this seems to be just another example of Obama’s rhetorical tourism on the progressive front. He’s talked a good game — on the occasions when he’s not hippie-punching or parroting Third Way — for close to five years now. But where’s the action to back this rhetoric up? After years of his touting grand bargains and deficit hysteria and allowing sequestration, and looking at the emerging budget deal, I’m not holding my breath. Whatever happens the next three years, it’s already past clear that the tremendous, once-in-a-generation opportunity granted to Obama in 2008 to effect real and positive change has, unfortunately, been wasted.

Update: Pope Francis is TIME’s Person of the Year. A worthy choice, though I would’ve probably have gone with Edward Snowden.

Smarm is the New Buncombe.

“Stand against snark, and you are standing with everything decent. And who doesn’t want to be decent? The snarkers don’t, it seems. Or at least they (let’s be honest: we) don’t want to be decent on those terms. Over time, it has become clear that anti-negativity is a worldview of its own, a particular mode of thinking and argument, no matter how evasively or vapidly it chooses to express itself…Smarm is a kind of performance—an assumption of the forms of seriousness, of virtue, of constructiveness, without the substance. Smarm is concerned with appropriateness and with tone. Smarm disapproves.”

Ably channeling the spirit of Mencken, Gawker’s Tom Scocca writes in defense of Snark, and skewers the evil that produced it, Smarm. “We have popular names now for the rhetorical tools these flacks are deploying: the straw-man attack, the fake umbrage, the concern-trolling. Why are those tools so familiar? It is because they are essential parts of the smarmer’s tool kit, the grease gun and the rag and the spatula.” If you judge a man by his enemies, Scocca picks a lot of the right ones here.

Trolling the House of Morgan.

“JPMorgan’s bankers are getting used to business deals with young men who communicate in emojis and text-message abbreviations…Yet, when the bank devised the promotional Q&A, it may not have fully grasped the extent to which new media has transformed how people share information, and how this has tipped existing structures of power.”

Er…let’s not overdo it. Existing structures of power haven’t changed at all, and, after a bad week’s press, JP Morgan is still laughing all the way to the bank. Still, I was proud to get in early on the co-opting of JP Morgan’s inane #AskJPM forum on Twitter last week, which got tweets of mine mentioned in BusinessWeek, WaPo, The New Yorker, and various other venues — undoubtedly the strangest being a somber tweet-reading by the venerable Stacy Keach. In any case, if any of those links have led you back here to GitM this week, welcome, and thanks for dropping by.

New York Strongman’s Demise.

“In just a few weeks, the 12-year rule of the powerful oligarch Michael Bloomberg over this bustling city of 8 million people will come to an end. Though much of the population enjoyed relative prosperity and social stability during his years in power, critics questioned his authoritarian and increasingly eccentric leadership style.”

In its second installment, Slate’s new must-read series If It Happened There — which covers US events like our media covers other countries — chronicles the end of Michael Bloomberg’s tenure as mayor. “Bloomberg has made no secret of his ambitions for higher office, though experts believe he has limited appeal in America’s less-developed but politically influential agricultural regions, where powerful armed groups have bristled at his suggestions for limiting their access to advanced weaponry and munitions.”

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 End of Easy Hypocrisy?

“The deeper threat that leakers such as Manning and Snowden pose is more subtle than a direct assault on U.S. national security: they undermine Washington’s ability to act hypocritically and get away with it. Their danger lies not in the new information that they reveal but in the documented confirmation they provide of what the United States is actually doing and why. When these deeds turn out to clash with the government’s public rhetoric, as they so often do, it becomes harder for U.S. allies to overlook Washington’s covert behavior and easier for U.S. adversaries to justify their own.”

In Foreign Affairs, Henry Farrell and Martha Finnemore argue that, as a result of whistleblowing, the US is “no longer able to rely on easy hypocrisy in our foreign policy. “Secrecy can be defended as a policy in a democracy. Blatant hypocrisy is a tougher sell. Voters accept that they cannot know everything that their government does, but they do not like being lied to.”

Note: The link is behind a paywall, but Digby has an excerpt and thoughts up, as does Farrell in the Washington Post. This also reminds me of Neal Stephenson’s Neo-Victorians in The Diamond Age, which I presume is the tack a defender of our obvious diplomatic double-standards would take: “That we occasionally violate our own stated moral code…does not imply that we are insincere in espousing that code.”

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.”