Another Cramdown Two-Step on EFCA?

by: David Sirota

Thu May 14, 2009 at 08:00


After President Obama backed off his campaign promise to aggressively push "cram down" (ie. the bill allowing bankruptcy judges to force banks to rewrite home loans so as to prevent foreclosure), it's fair to be concerned that his calculated behavior on that bill might preview such behavior on other bills. As the Washington Independent reports, it wasn't that Obama was too busy or too distracted to push cramdown - it was a deliberate tactical decision to publicly push the popular bill, but then not actually use any political capital in Congress to make the bill a reality. The motive for the two-step is obvious: Obama aims to get public credit for populist positions, while wink-and-nodding his way to moneyed-interest appeasement - in this case, the banking industry.

So I'm wondering - is this what's going on on the Employee Free Choice Act? Obama has consistently told public audiences that he supports it, but it's pretty clear he hasn't used his political capital in Congress to push it very hard. Some may float the Secret Pony Plan theory - the idea that Obama is waiting for the perfect time to push it, or is employing some other good-natured strategery aimed at passing the bill but that us fools outside the Beltway can't possibly understand.

I'd like to believe that - and indeed, that may end up being true - but the fact that there is now an army of Democratic Party-affiliated corporate lobbyists being paid to stop EFCA makes me think something else may be dictating Obama's hesitation. And the fact that a few of the billionaires closest to Obama are publicly opposing EFCA makes me even more suspicious:

May 7 (Bloomberg) -- Three Chicago billionaires who helped fund President Barack Obama's election campaign are fighting legislation he backs that would make it easier for unions to organize hotels they own.

Penny Pritzker, Obama's campaign finance chairwoman and a director of Global Hyatt Corp., has told the president she is opposed to the measure, known as card check, said a person familiar with the situation. Neil Bluhm, a partner in Walton Street Capital LLC, also opposes the bill, the person said. Lester Crown, chairman of Henry Crown & Co., criticized the proposal in an interview.

These aren't people who casually oppose EFCA - these are people whose families became billionaires, in part, because laws like EFCA aren't on the books and thus workers haven't been able to bargain for better wages. That's not an exaggeration - the Pritzker family made its billions in the hotel industry - an industry whose business model is based on making sure workers don't form unions and continue to be paid substandard wages.

David Sirota :: Another Cramdown Two-Step on EFCA?
The Bloomberg piece features a low-level White House spokesman insisting that Obama supports EFCA, and I think that's true - I think Obama in his heart probably does support EFCA. But the lesson of the cramdown debate is that what he may or may not feel in his heart is far less important than whether he's willing to push legislation with the full-force of his political capital.

To be clear: We don't know if we're going to get a cramdown-style two-step on EFCA - but we do know that A) Obama hasn't pushed EFCA that vigorously B) Democratic corporate lobbyists with strong connections to the D.C. insiders who serve in his administration are against it and C) the billionaires who underwrote his campaign are against it. It's not an ideal dynamic, and if we refuse to push Obama on EFCA out of some sycophantish sense of "loyalty" and the White House ultimately doesn't push EFCA vigorously, we can't say we didn't have ample evidence suggesting we should have made more demands.

(h/t on catching the Bloomberg story to FDL's Jane Hamsher)


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I don't think Obama is willing to use his capital on EFCA (0.00 / 0)
As you say the people who helped him win oppose it and the strongest backers of EFCA don't like Obama and they don't like people who support Obama.

I don't agree that making more demands and pushing Obama will accomplish anything though.  It will be interesting to see if your strategy is employed and what results it achieves.

http://transgendermom.blogspot....


Obama doesn't appear to (4.00 / 6)
want to use his "political capital" on anything. He gets a resounding vote of no confidence in my book.

[ Parent ]
The strongest backers of EFCA don't like Obama? ... (4.00 / 2)
As you say the people who helped him win oppose it and the strongest backers of EFCA don't like Obama and they don't like people who support Obama.

care to explain further?


[ Parent ]
This Is Utterly Nonsensical (4.00 / 4)
(1) SOME of the people who helped win oppose it.  That's what David has shown.

MANY MORE of those who helped him win support it.

(2) "the strongest backers of EFCA don't like Obama"

What possible proof do you have of this?  Particularly given how much support Obama got from unions?

(3) "and they don't like people who support Obama."

This is even more off-the-wall.  This is Limbaugh talk.

(4) What about the strongest opponents of EFCA, such as the GOPosaur crowd????

(5) Are you getting PAID to post this garbage?

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


[ Parent ]
I think he wants to spend it all on healthcare and green energy (0.00 / 0)
And hopefully financial regulations. I think that in 2010, we should have enough votes to pass it, and if we primary a few of the democrats who are waffling on EFCA (Specter, Bennet(CO), Lincoln(AR))  I think Obama will see the writing on the wall and consider putting some political capital into it if that happens.

[ Parent ]
I understand (0.00 / 0)
Harkin and Spector have been behind closed doors working on a compromise bill.  I believe this is what Obama is waiting for.  I would venture to say that will come out very strong on this Harkin/Spector bill.  

And if he doesn't... (4.00 / 1)
what will that indicate to you?

[ Parent ]
But but but (4.00 / 13)
we were supposed to STFU about the bailout because Obama was saving his capital for EFCA. Then we were supposed to STFU about torture for the same reason.

How long before we are told to STFU about EFCA, and what will the excuse be this time?

Montani semper liberi


It's the clinton years again (4.00 / 2)
and in 2012 we'll be told to stop our bitching and get back in line, because we wouldn't want to cause a Republican to be elected through our complaining.

[ Parent ]
Hard stuff (4.00 / 1)
The changes which are most necessary to turn the country around are also the most difficult to accomplish, so difficult that even the most optimistic activists have to reckon with the possibility that superficial and cosmetic changes as the best we can hope for. I'm thinking of things like the return to a sane foreign policy, a reversal of government surveillance of damned near everybody, genuine justice for butchers, sadists and torturers, the de-christianization of the armed forces, the demilitarization of state and local police forces, and an end to the war on drugs and immigrants.

I'd also include in that near-impossible category the reversal of our current economic policies, which are based on the gospel that we should be content with a low-wage service economy, that financial services are the crown and glory of that economy, and that things like EFCA, single-payer health care, and a commitment to paying the true costs of public education would be its death-knell. (In all fairness to the plutocrats, their political analysis here is spot-on, which is why we aren't getting anywhere with our elected representatives when we ask them to do the right thing. No one is more heavily invested in the status quo than they are, including President Obama. Given that they benefit enough from it to ignore the fact that we don't, this is understandable, but it complicates any effort to go to them for help.)

Short of pitchforks and torches, it's not going to be an easy task to change any minds in Washington or New York, and restoring order isn't going to be the work of a national election cycle or two, or even a generation or two, even if we continue to get better press than Rush Limbaugh.

We all know this, of course, but I think we needed to be reminded of it from time to time. Events may help us -- the abandonment of Phoenix or Las Vegas to global warming may change important minds in a way that the abandonment of New Orleans manifestly didn't -- but we have to prepared for the possibility that some events may hurt us. Imagine what would happen if we wound up having urban riots even on the scale of 1968, or if Dick Cheney's wet dream of nukes in the hands of non-state actors came to pass.

Anyway, Sadie, they can tell us to STFU all they want to, it won't put the genie back in the bottle. They may not know this yet, but we should. In some ways the knowledge is comforting, but much of it is pretty daunting. It should be.


[ Parent ]
Silver Lining (4.00 / 1)
One thing I do like about Obama taking such a hands-off position on most legislation is that it gives Congress the opportunity to re-assert its role in the legislative process. Now I'm not saying Congress is necessarily going to USE that opportunity, but it's a lot better than every member of Congress happily taking marching orders from Congress. Maybe we should be applying pressure to key congressmembers rather than the White House.  

I agree that it's important to let Congress (4.00 / 4)
take the lead in legislation. It's good to have Congress reassert it's role, and good to have a president who respects this.

That said, the president is also constitutionally empowered to recommend legislation.  That goes beyond just noting what he supports, which is why presidents don't just give Congress a list, but actually make the case.  And Congress has difficulty operating without some guidance from the White House about priorities. Maybe this should change, but for the moment, we are stuck with that reality (which Obama has acknowledged on issues that he has made a priority.)

And you are absolutely right that we should be applying more pressure on Congress. (Not just on this bill, but on everything - there is too much focus on the president - which is part of what Sirota calls presidentialism.) But I think its entirely appropriate for a president who campaigned on an bill, that is directly related to his primary issue (the economy), to pressure Senators, especially those who previously committed to support this bill but balk now that it might actually pass.

Politics is the art of the possible, but that means you have to think about changing what is possible, not that you have to accept it in perpetuity.


[ Parent ]
Allowing Congress to form legislation (4.00 / 5)
is one thing.

Sitting back, shrinking from the bully pulpit, and doing absolutely nothing to help advance Congressionally-formed legislation you claim to favor is another.


[ Parent ]
Even Worse--Pritzker's On WELFARE! (4.00 / 6)
There's a local organizing effort around hotel workers here in Long Beach, and one of the major focuses has been on the fact that hotels--Hyatt chief among them--have been beneficiaries of enormous public subsidies: hundreds of millions of dollars in Long Beach alone.

I've written about this myself for Random Lengths News, but this is from Reuters:

New Study Finds Long Beach Hotel Workers Living in Poverty While Industry has Benefitted from Millions in Taxpayer Dollars
Wed Feb 4, 2009 10:31am EST

Coalition Says Hotels Failed to Provide a Fair Return on Public`s Investment

Over $750 Million Received in Taxpayer Subsidies Since 1980 LOS ANGELES--(Business Wire)--A new study released today by the Los Angeles Alliance for a New Economy (LAANE) on behalf of the Long Beach Coalition for Good Jobs & a Healthy Community found that taxpayer subsidies to the tourism industry have not yielded a fair return on the public`s investment. The report, entitled "A Tale of Two Cites: How Long Beach`s Investment in Downtown Tourism Has Contributed to Poverty Next Door" can be viewed at: www.goodjobslongbeach.com....

Report Findings

According to a review of tourism-related expenditures, Long Beach has invested an estimated $750 million since the early 1980s to reinvent its Downtown area as an attractive destination for tourists and convention attendees. Hotels have received at least an estimated $114 million in direct subsidies since 1983, in addition to benefiting indirectly the city`s investment in local tourism attractions.

In 1978, Long Beach was ranked by a Federal Government report as among the most socially, economically and financially distressed cities in the country; yet by 2007, the city`s investment in the area revitalized the region into a desirable location for visitors. This dramatic turnaround is notable for a city that was transitioning from a manufacturing-based economy to a service-based one.

Despite receiving millions in taxpayer subsidies, it is clear that the tourism industry has failed to invest in its workforce and assist in revitalizing local communities. Today, more than 18% of Long Beach residents live below the federal poverty line, a measure of extreme poverty. The tourism industry and hospitality jobs created by the city`s investments have contributed to these rates of poverty. According to a city study in 2006, tourism, arts and hospitality jobs paid an average of $19,000/year. This is 65% less than the $54,078 self-sufficiency threshold to meet the basic needs for a family of four in the Los Angeles and Long Beach area in 2007. For essentially the same job, hotel and motel workers in Long Beach make 12.2% less than their counterparts in the LAX area, 13.6% less than their counterparts in Anaheim, 25.4% less than their counterparts in Santa Monica and 26.9% less than their counterparts in Downtown Los Angeles.

"Hotels in Long Beach have been thriving thanks to taxpayer subsidies, yet their workers are living in poverty, many using public assistance to survive," said Norma Chinchilla, a professor of sociology at Cal State University Long Beach. "It is time for city officials and the hospitality industry leaders to ensure a fair return on the public`s investment in tourism in the form of good jobs and tax revenue."

As if that weren't bad enough, Hyatt is now being sued for failure to even pay wages it owes:

Hotel Workers File Class Action Lawsuit Against Hyatt Global Corporation and Hyatt Long Beach

Lawsuit Brought Against Hotel Company that benefitted from Public Tax Dollars Alleging Violations of CA State Labor Law Workers Say They Were Not Paid for All Hours Worked

Hotel workers from the Long Beach Hyatt filed a class action lawsuit against the Hyatt Regency Long Beach, the Global Hyatt Corporation, and the Hyatt Corporation today alleging that the company failed to pay them for all hours worked, that workers were not allowed to take meal and rest breaks, and that the hotel failed to compensate workers for missed breaks, all of which employers are required to do under California Law. The workers also allege that Hyatt failed to pay members of the Plaintiff Class money owed them under the minimum wage and overtime requirements.

This is just one city.  Imagine how much welfare Pritzker has benefited from nationwide, if not worldwide.  Talk about a Chicago welfare queen!

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


Now we know (4.00 / 3)
what Reagan was talking about when he described welfare queens who ride limousines to pick up their government checks -- the Hyatts!

Finally it makes sense.

Montani semper liberi


[ Parent ]
Obama hasn't used his capital on anything, yet... (0.00 / 0)
....and maybe he never will... I suspect he will use his capital on health care, if that becomes necessary... but, it's getting a little maddening that he's hoarding the capital so much.

From what I've read, Obama backed of pushing EFCA once Specter made his announcement against it, causing the dominoes to fall amongst the conservadems.  The reasoning was that that couldn't pass this year...  would need more Senate Dems to do so after, hopefully, 2010...

Once Specter changed his tune, a white house spokesman said that the view from the white house changed significantly, and they will get involved if there is a realistic chance of a bill passing...

So far, we aren't there, yet... if for no other reason than Franken is not seated....  I guess we'll see... a big health care win should give Obama the impetus to push for a few more things.... I hope!

REID: Voting against us was never part of our arrangement!
SPECTER: I am altering the deal! Pray I don't alter it any further!
REID: This deal keeps getting worse all the time!


Patience on this one, I think... (0.00 / 0)
I think he may be waiting until Franken gets seated, perhaps for a good portion of his "controversial" legislation.

Why does the 60th vote matter (4.00 / 2)
if multiple Dem Senators are coming out against the bill?  In order for Franken to make a difference, we would need to hold the rest of the caucus while we wait.  

Politics is the art of the possible, but that means you have to think about changing what is possible, not that you have to accept it in perpetuity.

[ Parent ]
Why bother fighting now... (0.00 / 0)
If the 60th vote still hasn't been seated?  May as well fight when it becomes actually possible.

[ Parent ]
I don't understand your point (0.00 / 0)
This seems similar to arguing that it's not worth trying to get a hit in baseball because it's only the first inning, and you can't win the game till later - while true, being in the hole will make it harder to win later.

You don't win battles by taking the status quo for granted. You win by changing the status quo. One thing that Republicans have had over the Democrats for some time is that the Dems give up if they are vote shy. No need to have a vote, not need to press, to publicize that other legislators stood in the way. Republicans see 4 votes and think about how to get to 5, then 10. When they don't have the votes, they pressure those in the party who haven't signed on, and attack the other side. They think long term. They draw distinctions. We need to do the same.

I said the same in an earlier thread: I think Republicans do a great job of signing people onto bills, slowly, over time, in order to gauge their strength, to see where to apply pressure, and change what is considered possible.  

Harry Reid seems to think you talk behind the scenes until you have an ubermajority, and if that doesn't work, you give up.  That is bad politics, and terrible for democratic accountability.

If Obama wanted, he could put some pressure on these Senators - especially those who voted for it before, who have no excuse to oppose the bill as currently written. He could challenge the lies that have been used, including by Democrats, to sink the bill. Failing to do that imperils the bill, regardless of the size of the caucus.

Politics is the art of the possible, but that means you have to think about changing what is possible, not that you have to accept it in perpetuity.


[ Parent ]
My point is... (0.00 / 0)
Things become easier when Franken is seated... that's it.

If Obama expends political capital now to convert a few senators then maybe he'd get up to 59 votes instead of 60, the issue will come up for a vote and it won't pass, and Obama will have wasted political capital for nothing.  May as well wait until things become slightly easier with Franken.


[ Parent ]
can't labor play hardball with harry reid? (4.00 / 2)
if EFCA passes the Senate then it's all over yes? the house won't be a problem neither will Obama's signature?

can't labor say to Reid 'no EFCA passing on the Senate = no labor support at all at the november 2010 election'?


Serendipity of thought. (0.00 / 0)
I was very interested to see that I am not the only person who is a little suspicious regarding our President and EFCA (http://the-one-about.blogspot.com/2009/05/one-about-is-president-obama-using-vice.html) Personally it seems to me that the people to whom President Obama and Vice President Biden are making the most noise about EFCA are the Unions, which are already naturally for it.  Why not put a little of this enthusiasm out there to the corporate leaders who want to either kill EFCA outright or neuter it until it may as well be dead?

My mind is the master of my reality.  My will is the tool through which this mastery is achieved.

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