Bernanke to Engage in Another Illegal Power Grab

by: Matt Stoller

Tue Oct 07, 2008 at 08:41



Ben Bernanke's Fed today announced it's going to start buying short term commercial paper.  The commercial paper market is normally used to fund solid corporate activity, but in the last few years it has become rife with questionable financing operations.  

One tiny problem is that it's not legal for the Fed to do this (read Secrets of the Temple for a great book on how secretive and powerful the Fed really is).  Another tiny problem is that this plan by the Fed is probably larger than the $700 billion bailout, and there's no Congressional authorization for any of this.  Yet another tiny problem is that it's not going to restore confidence to the market.

Matt Stoller :: Bernanke to Engage in Another Illegal Power Grab
But the possibility of propping up the vast market for commercial paper could represent an undertaking even broader than the Treasury Department's plan to buy as much as $700 billion in mortgage-backed securities.

In statements on Monday morning, the Federal Reserve and the Treasury said they were "consulting with market participants on ways to provide additional support for term unsecured funding markets."

By referring to "unsecured funding markets," policy makers signaled that they wanted to intervene directly in the credit markets. Officials said on Monday evening that they wanted to finish a plan as quickly as possible, perhaps as early as Tuesday.

But the effort is fraught with legal complexities. Though the Federal Reserve has sweeping power to create money and lend it out, experts said it was normally prohibited from buying assets that could lose money.

One way around that legal limitation would be to provide money to a separate legal entity that would do the buying and investing on the Fed's behalf. That would be similar to Maiden Lane Funding L.L.C., a special-purpose entity that officials created last spring to hold $29 billion in hard-to-sell securities from Bear Stearns.

But so far, the myriad efforts by government regulators to shore up confidence have seemed to yield little relief among investors, some of whom believed the actions have taken on a haphazard air.

"People are slowly but surely coming to the realization that playing 'Whack-a-Mole' with each of these issues as they arise, on an ad hoc basis, doesn't get the job done," said Max Bublitz, chief strategist at SCM Advisors, an investment firm in San Francisco.

Bernanke needs to resign.  He's got a year left on his term, but he should go before then.  

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this dicking around postpones talk of a real solution another week (4.00 / 1)
well I had hoped we would get discussion of direct recapitalization of the banks this week, and yesterday it was looking like that would have to happen sooner than later.

but damn the Fed and Treasury are pulling out all the stops to avoid wacking the equity their best friends hold.

this won't work, it will put tax payers on the hook for a lot of risk, and it will postpone discussion of the only real possible solution at least a week. this solution needs to run its full course: set it up, waste the money, fail. 10 days probably.

the hilarious thing is we'll be into bailout plan 3 before Paulson's bailout plan 1 is even off the ground.

Michael Bloomberg, prince of corporate welfare


Bailout (0.00 / 0)
Right now Paulson could purchase $1 million worth of assets from some company for $1 billion and back it up with $1 billion in non-voting stock.  That would be basically be direct recapitalization.  He should get on that.

[ Parent ]
Congress has abdicated ... (4.00 / 1)
it is clear ... you can blame Nancy and Harry for that ... they'd rather someone else do their job

No reappointment (4.00 / 1)
Resignation will just give us some other Republican clown for the rest of W's term and going forward to 2009.  We need to make sure that Democratic Presidents don't continue to reappoint Republican Chairmen like Greenpan.  The Fed has two roles to grow the economy and to keep down inflation.  A generation of Fed chairmen including Volcker, Greenspan, and Bernanke seem preoccupied with inflation.  Who was the last real pro-growth Democrat to hold this job?  William McChesney Martin under LBJ?

From what I can see, this should have been done instead of the bailout (0.00 / 0)
I admit to being a novice on these issues, but for the last three weeks I've been trying to catch up (see here), and it seems to me that the Commercial Paper market is the fault line between financial and non-financial businesses, so while this is a radical step, it seems like a much more direct (and thereby probably much more sensible) action to take than the bailout.

Says here (0.00 / 0)
One tiny problem is that it's not legal for the Fed to do this

It says here in the Washington Post that:

The Fed program was instituted under an emergency authority it was granted during the Depression to lend to any "individual, partnership or corporation," in "unusual and exigent circumstances." It also used that authority to engineer a buyout of Bear Stearns in March and to take over insurance company American International Group in September.

The quote refers to Section 13 of the Federal Reserve Act, "as added by act of March 9, 1933 (48 Stat. 7) and amended by act of Sept. 21, 1968".


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