Cats
and Dogs
Many Americans—who briefly experienced recent but fleeting contentment,
wellbeing, and joy—probably didn’t connect those feelings with the fact Congress was out of
session all of last week. But that bliss ends when both chambers return to DC tomorrow
for their regular grappling/snarling sessions. Just take a ticket—they’re free—sit
down and watch the one circus in the world where the participants primarily are
just elephants and asses, all of which double as spectacle clowns.
They’ll grumble about Obamacare, immigration, the Ukraine,
ISIS, Keystone Pipeline, funding the Department of Homeland Security (an issue
which makes the R’s cringe as each chamber’s majority tries to stab each other
in the procedural back), global warming, cutting IRS funding so the agency
can’t pursue tax cheaters, and whatever else was on the front or editorial pages
of the back home newspaper.
A general waste if time. But, here are some ideas for them
to consider if they want to do something with value.
GSE
Stuff--Gretchen Morgenson’s Column
If I’m
on the Hill, What Would I do….?
Gretchen Morgenson’s superb column, in the Feb. 15th Sunday
NYT, detailing the government’s obfuscation and delay tactics in carrying out Judge
Margaret Sweeney’s “discovery order,” continues to stimulate discussion. I was
asked by one prominent reporter if anyone on the Hill has reacted to it or
plans to utilize her work?
“I have no idea,” I told the gentleman, "wait until they return.".
But, if I was a member of either the House or Senate Banking
Committee—or a staffer to same—especially if I was a “Newbie,” trying to
establish my bona fides, I would think along these lines.
First, I would expand knowledge of the work.
I would send a “Dear Colleague” letter to the entire
Senate or House (depending on the sender's position, since Hill letters seldom
are sent across “to the other chamber”) or just to the members of my House or Senate Banking Committee, making sure they saw Ms. Morgenson’s work and calling their
attention to what I believe is very unusual, evasive treatment of 3-6 year old
government reports, memos, email, etc., the release of which the Obama Admin
unconvincingly claims could bring markets crashing or some other
fiscal/economic catastrophe. (Oh no,
Fannie almost dropped its acceptable credit scores from 720 to 715 in 2009,
thank God they waivered. Can you imagine the worldwide blowback?")
I might then put Morgenson’s column in the Congressional
Record—every Senator’s or House Member’s right--with an appropriate introductory
statement, calling attention to the points she made and expanding Morgenson’s
audience which might begin to question this rather bizarre F&F government treatment.
If I dropped it in the Record, I might also issue a press release
noting my own actions. (Congressional truth: “He who tooteth not his own horn
shall not have the same tooted.”)
If I was a SBC or HBC member, I might call on my Chairman
to formally
look into these matters or……I might ask SBC Chairman Dick Shelby
(R-Ala.) and/or HBC Chairman Jeb Hensarling (R-Tex.) to hold a hearing—with
Treasury and Justice witnesses—to explain the rationale for their transparent obfuscation.
Are
these Republicans too deferential to ask, “Is anyone downtown covering up the
legal/political mistakes of prominent former Democrats or a few still present?
I mean, where is Reince Priebus, when you need him?
And, finally, I might ask my Chairman to demand the
Administration send to the committee the documents, which Ms Morgenson identified,
for committee oversight perusal.
(If I did the latter, I would issue a press release,
telling the Capitol media and the western world what I had suggested to “the Chairman.”)
Judge Sweeney/DoJ
discussion
Before everyone laughs and says, “Well it’s only Fannie and
Freddie, so who cares,” I want to make sure people are aware of this exchange,
three weeks ago, between Judge Margaret
Sweeney and Justice Department lawyers. (Thanks
Glen Bradford for generating this.)
DOJ attorney confirmed in Judge Sweeney's court the
independence of the GSE's. "Our position is, yes, they are
independent — independent companies"...
http://www.glenbradford.com/2015/02/fnma-court-transcription-from-last-session/
Excerpts from Jan 28, 2015
Judge Sweeney' court
Mr. Schwind, DOJ attorney
THE COURT: Okay. So, I don’t understand — it
sounds like you’re somehow trying to say that the — or
imply that the Government has been circumvented when the
Plaintiff seeks documents from — directly from Fannie
and Freddie, but how can you complain because you’re
saying that Freddie and Fannie are not components of the
United States Government, therefore, this case should be
dismissed? It sounds to me like you’re trying to have
it both ways, but perhaps I’m missing something.
http://www.glenbradford.com/2015/02/fnma-court-transcription-from-last-session/
Excerpts from Jan 28, 2015
Judge Sweeney' court
Mr. Schwind, DOJ attorney
THE COURT: Okay. So, I don’t understand — it
sounds like you’re somehow trying to say that the — or
imply that the Government has been circumvented when the
Plaintiff seeks documents from — directly from Fannie
and Freddie, but how can you complain because you’re
saying that Freddie and Fannie are not components of the
United States Government, therefore, this case should be
dismissed? It sounds to me like you’re trying to have
it both ways, but perhaps I’m missing something.
MR. SCHWIND: Well, Your Honor, we’re not trying to have it both ways.
THE COURT: Okay.
MR. SCHWIND: We did not object to the document discovery from the GSEs. Our position is, yes, they are independent — independent companies
(A few moments later—)
THE COURT: Well, no, let’s be clear, then. I wasn’t focused — I wasn’t concerning myself at that
point with any — because these are third parties. I mean, it’s up to a third party to come in and complain
that they have been served with a document request. It’s not up to the United States Government to do that, and, in fact, it would lend credence to — and support to Plaintiffs’ position that, in fact, these third-party entities are controlled by the United States Government, because the Justice Department, who represents government agencies in Federal Court, is coming in to complain on their behalf.
MR. SCHWIND: Your Honor, we don’t control them, and with respect, we don’t think pointing out to the
Court that discovery directly from the GSEs and from the auditors exceeds what — not only what Plaintiffs asked for in limited discovery but what the Court has allowed.
We think we are allowed — we do have standing, essentially, to come in here and say that the discovery
that Plaintiffs seek exceeds what the Court has allowed...
Maloni takeaways
from the exchange
A few things worth noting here. One is the BS about “we
don’t control them…”
Talk about situational ethics (also known as lying, “speaking
with forked tongue,” or talking out of both sides of your mouth). It’s been
affirmed time and again, that the FHFA (and likely Treasury behind the scenes)
blesses every business decision Fannie and/or Freddie makes.
The two are not free and can't make their own market judgments, so
maybe Lawyer Schwind was speaking narrowing about his Justice Department’s ties
with F&F, but he surely couldn’t have been addressing the relationship
between Treasury/FHFA and F&F.
Second and more politically compelling for free market Conservatives
thinking, “Pish-tush, it’s only F&F.”
If the Treasury is treating these two
“independent” entities in this manner (pretending they’re private and control themselves), it could chose to do the same to
any other corporation/business, even ones nearer and dearer to the GOP’s heart. You know, companies that
believe they are abuse-immune because they are not Fannie and Freddie?
GSE
Stuff--Earnings
At the end of last week, Freddie and Fannie both announced
their final fourth quarter 2014 earnings figures (see link below), which were
lower in each instance because of losses on their derivative hedges, losses
that will return to them in subsequent reporting periods. Both still had
positive earnings and will sent “dividend” payments, as per usual, to the
Treasury next month, adding to the $225 Billion already sent, and now exceeding
by @$40 Billion the $187 Billion Treasury infused in them in 2008.
With the permission of Inside Mortgage Finance publisher, Guy Cecala, and writer Paul Muolo, I am reprinting Muolo’s F&F
earnings story.
By Paul Muolo
Fannie Mae and Freddie Mac late this week released fourth
quarter results, reporting much lower profits and huge hits due to losses on
their derivative positions. Not to make this too complicated, but the GSEs
(and many other financial institutions) use derivatives to prevent large
losses when interest rates unexpectedly take a sharp turn in either
direction. And that’s exactly what happened in late December: the yield on
the benchmark 10-year Treasury went south, heading toward the Equator. (Two
weeks ago rates went north again, reversing the trend.) Freddie’s 4Q hit from
derivatives was an ugly $3.4 billion, Fannie a milder $2.5 billion. But how
can that be? Fannie’s book of business is $2.803 trillion, Freddie’s $1.663
trillion. Shouldn’t Fannie have a larger loss on derivatives than its little
brother? Anyway, as the weekend approached some GSE watchers were taking note
of the differential.
But don’t expect any Congressional
hearings on the topic. It would mean that our elected leaders would first
have to understand hedging, derivatives, interest rate swaps and much
more that is, if they want to speak
intelligently about the matter.
One theory is that either Freddie
was being too conservative with its hedging or that Fannie wasn’t being
conservative enough. One GSE watcher raised the issue of whether maybe Fannie
was “flying naked” on some of its positions. In other words, it wasn’t
hedging everything.
Then again, what does it matter?
If you listen to the explanations of Tim Mayopoulos of Fannie and Don
Layton of Freddie you get the sense that a hedging loss in one quarter
turns into a profit the next when rates rise. Right?
Perhaps the most important issue
raised during the GSE earnings calls this week was the capital “buffers” of
the two. In 2018 the allowable buffer falls to zero dollars. Zilch. Nada.
Hopefully by then, President Bush or President Clinton will have
worked out a GSE reform deal with Congress
|
What
Others are Saying
Memories,
memories… Congressional Reference Service (CRS) GSE Thoughts in 2008
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Wealth
gap
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Excellent
David Min article
Professor David Min was one of the first commenters to detail the many
flaws and holes in the Ed Pinto/Peter Wallison “research” claiming Fannie Mae
did little but originate subprime loans in the 1990’s. Of course their
definition of subprime never matched any standard definition
and very few of the Fannie loans originated in the 90’s defaulted then or even
in the following decade.
But that fact—as well as several other rebuttals from
serious mortgage observers and government agencies--never has stopped the AEI
pair from peddling the line.
In this very thoughtful article, Professor Min discusses
the future of the nation’s mortgage finance system.
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NY
Daily News
Cato
Institute (should we, dare we…)
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AG Holder
seeking (some, any, all) mortgage bad guys?
Just when the Wall Street/PLS guys thought it was OK to
come out of hiding, the AG speaks up!!
Longtime Republican Michael Smerconish reacts to Obama criticism
http://www.cnn.com/videos/tv/2015/02/21/smerconish-commentary-02212015.cnn
Maloni-2-23-2015