Author Archives: Michael Froomkin

Nailed It

The Onion captures a great deal of what is wrong with the US in one headline: Rumors Of Extramarital Affair End Campaign Of Presidential Candidate Who Didn’t Know China Has Nuclear Weapons.

Posted in 2012 Election | Comments Off on Nailed It

My Brother Says It’s Obama’s Economy

In Suskind's Confidence Men Raises Questions About Obama's Credibility, my brother Dan Froomkin makes the case for the prosecution against Obama’s management of the economic crisis.

It starts with Obama’s bold but unfulfilled promises:

In October 2008, he promised to "take on the corruption in Washington and on Wall Street to make sure a crisis like this can never, ever happen again."

And one day before he was elected president, he told a Florida audience: "Tomorrow, you can turn the page on policies that have put the greed and irresponsibility of Wall Street before the hard work and sacrifice of folks on Main Street."

Obama’s most seminal speech on the crisis was his March 2008 address at Cooper Union. There, he laid part of the blame for the disaster on Clinton-era financial deregulation, including the 1999 repeal of the 1933 Glass-Steagall Act. That repeal, which broke down barriers between commercial and investment banking, led to the growth of financial behemoths that were able to take enormous risks with impunity because they were "too big to fail."

"[I]nstead of establishing a 21st century regulatory framework, we simply dismantled the old one, aided by a legal but corrupt bargain in which campaign money all too often shaped policy and watered down oversight," Obama said. "In doing so we encouraged a winner take all, anything goes environment that helped foster devastating dislocations in our economy."

But in fact, Obama appointed an economic team that was either not up to boldness, or set against it.

While the appointments of these men and a slew of similarly pedigreed subordinates reassured the financial markets, their leadership undermined Obama’s populist promises.

Many of them had already spent their interregnum feeding at the Wall Street trough.

Dan’s extensive tying of Obama’s top advisers to millions in Wall St. remuneration will undoubtedly anger many inside the Beltway, where it’s not considered polite to suggest that government servants — especially those taking a pay cut to be powerful — might be motivated by money. But whatever one makes of that, it is telling that so many of the key Obama economic team were men (yes, men) with Wall Street affinities and salaries.

I haven’t read Suskind’s book, and I don’t have a clear theory for the root causes of the Obama failures on the economy. Yes, they got dealt a crisis. But they wasted it, after Rahm Emanuel promised not to.

The list of failures is long: the administration failed to be more aggressive pushing for a stimulus, it failed to demand, much less get, an equity stake in the banks you and I paid to bail out, it failed to do anything at all meaningful to help underwater homeowners, and did next to nothing to punish anyone responsible for the financial debacle economically — much less criminally. Those are clear, real failures, they were not (with the possible exception of the stimulus which required Republican support that certainly could not have been guaranteed even with a more confrontational strategy) hard to foresee nor all that hard to prevent. Nor, unlike the underlying economic problem itself, are any of them things you can blame on George W. Bush.

That the GOP seems poised to choose its nominee between someone utterly unprincipled and someone crazy and dangerous as well as unprincipled, suggests Obama may be lucky. That luck may get him re-elected. It’s a certainty that if re-election happens, it won’t be because of his handling of the economic crisis.

Posted in 2012 Election, Dan Froomkin, Econ & Money | 3 Comments

Bugs in the System (Resolved) (Not)

Formatting on the blog seems to have suddenly gone all weird. If I had to guess the cause, it’s some misbehavior of WP Super Cache, which I started using about a week ago instead of W3 Cache. (The change was to placate my ISP, which claimed that timeout problems were related to not having their favorite cache software in place.)

Why this should happen a week later, I don’t know, and odds are I will not figure it out until late tonight or tomorrow because I have to go out very shortly.

Sorry about that.

Update (18:30): it is fixed. I really don’t think it is anything I did.

Update 2 (12/2): Mobile stuff is borked. I’ve put a band-aid on so that it renders legibly, but comment reading and writing on the mobile version is broken. I believe this is connected to what broke comment preview on the main site. I also believe I know a solution — change WP Super Cache from mod_rewrite to PHP mode, then tag the AJAX code with stuff that tells the cache how to process it. But that’s not a trivial change, and it will create server load, at least initially, so I have to clear it with the ISP (who claim to be investigating why the server crashes at random intervals since they upgraded Debian, and asked me not to change anything while they investigate).

Posted in Discourse.net | 2 Comments

Robin S. Rosenbaum Nominated for District Court

Congratulations to Magistrate Judge Robin S. Rosenbaum (UM ’91) whom President Obama has just nominated for the United States District Court for the Southern District of Florida

From the official White House announcement:

Judge Robin S. Rosenbaum is a United States Magistrate Judge for the Southern District of Florida, a position she has held since 2007. From 1998 until her appointment to the bench, Judge Rosenbaum was an Assistant United States Attorney in the same district, where she served as Chief of the Economic Crimes Section in the Fort Lauderdale office beginning in 2002. Before joining the United States Attorney’s Office, Judge Rosenbaum clerked for Judge Stanley Marcus on the United States Court of Appeals for the Eleventh Circuit in 1998, worked as a litigation associate at Holland & Knight from 1996 to 1997, and served as staff counsel at the Office of the Independent Counsel in Washington, D.C. from 1995 to 1996. She began her legal career as a trial attorney at the Federal Programs Branch of the United States Department of Justice from 1991 to 1995. Judge Rosenbaum received her J.D. magna cum laude in 1991 from the University of Miami School of Law and her B.A. in 1988 from Cornell University.

Judge Rosenbaum is also one of our Adjunct Professors, teaching a course called “Writing Weapons in the Litigator’s Arsenal: Motions to Dismiss Under 12(b)(6).”

Posted in Law: Practice | Comments Off on Robin S. Rosenbaum Nominated for District Court

Star Creep: It’s Not Just for Galaxies

POGO, Today’s Military: The Most Top-Heavy Force in U.S. History.

Seventeen general and flag officers were scheduled to be eliminated between May and September through Gates’ Efficiency Initiatives. But the DoD didn’t reduce its top brass at all. Instead, six generals were added from May to September, increasing the number of general and flag officers from 964 to 970. Moreover, from July 1, 2011—Panetta’s first day as Secretary of Defense—to September 30, the Pentagon added three four-star officers. Coincidentally, this is precisely the number of four-star officers Gates cut during his final year as SecDef, from June 2010 to the end of June 2011. Thus, in just three months, Panetta undid a year’s worth of Gates’ attempts to cut the Pentagon’s very top brass. It’s doubtful that Gates would consider Panetta’s current rate of adding a new four-star officer every month conducive to efficiency.

The most top-heavy branch of the military, the Air Force, led the most recent surge in increasing top brass, adding six officers in the two-, three-, and four-star ranks, while cutting one brigadier general. The Marines and Army each netted two additional generals. The Navy was the only branch of the military that actually did cut its top ranks during this time period, even though they added a four-star admiral.

While the Pentagon was adding these officers it was cutting enlisted personnel (a phenomenon known as “officer inflation” or “brass creep”). Between May and September, more than 10,000 enlisted personnel were cut by the DoD, possibly in preparation for the end of military operations in Iraq, while more than 2,500 officers were added. Consequently, for the first time in the more than 200 years that the U.S. has had a standing military, there are fewer than five enlisted personnel for every officer. In other words, today’s military is the most top-heavy force in U.S. history.

It takes unbelievable political and administrative effort to get the services to do anything that they see as against institutional interest. I think it was William Safire’s (in Before the Fall, his best book) who described Nixon’s efforts to get Navy Quonset huts off the Mall — they’d been put up as temporary office space in WWII and were still enjoyed by brass needing a base of operations when lobbying the Hill into the late ’60s. Nixon saw them as an eyesore, and they grated every time he was driven past them — which was often. As I recall the story, Nixon gave order after order to have them removed, but the Navy played for time, hoping he’d lose interest or finish his term; at the time of his re-election in 1972 they were still standing. I forget now if the huts outlasted Nixon or not, but in the end they did go. Still, the ugly ‘temporary’ structures outlasted the war by almost 30 years.

Posted in National Security | 1 Comment

Grimmelmann Strikes Again

If you have read Lev Grossman’s The Magicians, and you you have also read some Leo Strauss and/or had to deal with Straussians (and, by the way, it seems they’re everywhere in the academy), then it is very likely that you will get a kick out of James Grimmelmann’s A Straussian Reading of The Magicians.

If you haven’t met both conditions, though, don’t bother. Unless of course you wish to read it as a parable of what law schools would be like on the Segal model…

Posted in Kultcha | Comments Off on Grimmelmann Strikes Again