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Friday, March 20, 2009
Kevin James :: Townhall.com Columnist
Obama Squandered the Leverage to Stop the AIG Bonuses
by Kevin James
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Just two weeks ago, President Obama and his Congress handed over another $30 billion to AIG (on top of the two prior rounds of taxpayer money AIG got under Bush – with Obama’s support).

Therefore, just two weeks ago, Obama and his Congress -- indeed only Obama and his Congress -- had the ability to force AIG executives and former executives to forego the hefty bonuses.

Obama had the BILLIONS – thus Obama had the LEVERAGE.

Once Obama handed over the billions (as he so happily did), he squandered the leverage.

Here’s how it could have played out…. President Obama: “It’s simple Mr. AIG Executive, either you voluntarily forego your obscene bonuses (retention or otherwise) or we keep our $30 billion. Your choice.”

What do you think AIG would have done? Me too.

Mr. Obama has tried hiding behind the irrelevant claim that his administration didn’t write the contracts requiring the bonuses. It’s irrelevant because having the billions, like Obama did, enabled Obama to say “get rid of the contracts or I keep my billions.” It was then AIG’s choice to modify those contracts – irrespective of who wrote the damn things.

Listening to President Obama, his administration and his Congress the last few days, one would think they are all mere victims of the greedy and clever fat-cats over at AIG.

They are not. Their incompetence is the reason the outrageous AIG bonuses were paid. By logical extension, therefore, such “executive branch” incompetence is the reason Americans are so furious – as we should be.

If incompetence is not the explanation for this grossly negligent misuse of American taxpayer dollars, then dishonesty is (as demonstrated so well Wednesday by Senator Dodd).

Which is it? Is the White House unable to successfully “out-play” the execs at AIG? Is Congress so unable? Or, are all of these players simply lying to the American people?

Either way, we lose.

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About The Author

Kevin James began his professional career in 1988 as a lawyer with one of Los Angeles' largest law firms. Soon thereafter, Kevin spent more than 3 years as an Assistant U.S. Attorney in LA, and then more than 10 years as a litigator in high profile entertainment matters.

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Bonus?
Is something contractually obligated really a "bonus"?

Can everybody now admit
that Oblaba is not ready for prime time? Almost 60 million were aware of that in November and now another 20 million conservative independents and Democrats are figuring it out. Valentine flight when he just told us how critical the porkulus bill was (bogus) and now doing the "love me" tour (bowling, Leno) to cover his a-$ on this special little clause in that same bill. This guy is a walking catastrophe and if we don't start slamming these reps to shut him down or be gone our country is doomed.

philo bitter aka matt mullet
sol
Location: CA
Reply # 43
Date: Mar 18, 2009 - 10:21 AM EST Oh My ! Phylo Se Fiser
came across this post:

Welcome to elephantslayer.com.

Are you tired of seeing bogus Republican arguments win over the hearts and minds of too many of our fellow citizens? Well, this is the place where bogus Republican arguments come to die. I'll select a few of the bogus Republican arguments of the day, and the I'll break down why the arguments are bogus. I'm new at this whole blogging thing, so we'll see how it goes.

I also like to harass right wing columnists over at townhall.com under the pen name Phylo Se Fiser, which is a reference to the fact that I am an amateur philosopher. I'm currently working on a book that will correct the metaphysical problems underlying most of Western philosophy. I'll make some of that available as soon as I can figure out how to do that.

Looking forward to any comments. I love a good debate.

Matt Mullen

Posted by Matt Mullen at 2/4/2009 9:36 AM | Add Comment

http://blog.elephantslayer.com/

Understaffed @ Treasury
Can it be that little Timmy G. has 3 openings for assisstants because he can't find anyone who wants to be connected to the sinking HMS Obama? Where's Lassy when we need her? Timmy fell into the well.

Facts ...
The retention bonuses were agreed upon with highly experienced staff members to ensure they would stick around for the last year and assist AIG in reducing their exposure to the Credit Defaults Swaps that blew up the firm in the first place. They managed to reduce their exposure from 2.6 TRILLION to 1.7 TRILLION.
Neither Obama nor AIG could have stopped those payments. Only the people receiving them could have returned them (some gave back 50%) but why should they ? They did the job they were contracted to do. You don't want to pay they declare bankruptcy otherwise, rule of law.

The ignorance on display in this post is stunning. These bonuses were reasonable business decisions made to try and minimize the huge risk of the Credit Default Swaps at AIG.

Glad to see it...
I'm glad to see Barky take the day off from destroying the economy so he can go on Leno and insult the differently-abled.

to Jeff in PA:
Your statement "Neither Obama nor AIG could have stopped those payments" is just flat WRONG.

And, your next statement, "Only the people receiving them could have returned them..." is misguided.

As the post states, if the $30 billion is withheld, there is no money to pay the bonuses to begin with. No $30 bil, no bonuses.

So Obama stops the bonuses by making the $30 billion CONDITIONAL on AIG execs and former execs AGREEING to forego the bonus. It's that simple. If they don't AGREE to forego the bonus, there's no $30 bil (and thus no bonus).

In other words, if Obama and Congress had done their job, the AIG execs and former execs weren't going to get the bonuses either way.

If the execs and former execs don't agree to forego them, and Obama holds the funds, then they declare bankruptcy and we see which contracts are satisfied and which ones aren't, etc. But neither current nor former AIG execs want that. Their best shot at getting any of the bonus money if Obama does his job and makes the $30 billion conditional on the agreement to voluntarily forego the bonuses ... is to voluntarily forego the bonus now and see how AIG fares down the road with the latest infusion of funds.

Now, with all the outrage, it'll be that much harder for AIG to obtain further funds.

Chris Dodd says:
I did not do it, I did not know it was done, No one told me, I was forced to do it, I was misunderstood, I had to do it to save America!


indyconantidim asks: "Can everybody now

admit that Oblaba is not ready for prime time?"

Probably NOT, since there are a lot of lemming liberals out there....


BUT, yesterday even Juan Williams said that the question isn't if Geithner is us to the task, but if Obama is up to the task.


Dodd like Frank and O are liars
Senator Christopher Dodd (D-Conn) specifically added an executive-compensation restriction to the *stimulus* bill. That amendment provided an “exception for contractually obligated bonuses agreed on before Feb. 11, 2009” — which exempted the very AIG bonuses Dodd and others are now seeking to tax.

The amendment made it into the final version of the bill, and is law. BUT NO ONE READ THE BILL.

Separately, Sen. Dodd was AIG’s largest single recipient of campaign donations during the 2008 election cycle with $103,100, according to opensecrets.org.

One of AIG Financial Products’ largest offices is based in Connecticut.

Now, Dodd is screaming that he is "shocked, just shocked" by the bonuses. He is the one who put this system into place and protected his buddies in the first place.

He lied about Countrywide and his mortgage, he lied about Freddie and Fannie being sound, and he should be driven from office. Send him a tea bag, too.

Why
is he still campaigning? If you stand back a little from current events, you really see how he is in over his head. It is frightening.

Kevin, strong arm, really?
Are you seriously suggesting that Obama should have strong armed AIG into breaching its contracts? That's a tort buddy-roe: interference with a contractual relationship. Why should the power of the federal government be used to threaten a company enough to force it to break contracts? If those contracts are not safe from government interference, why would you think your contracts are safe? Slippery slope....this way.

What I'd like
is an explanation as to why 85 Republicans voted for that 90% tax bill that will be on one group of people...for now.
I'd like an explanation from these idiots about what is to stop them from taxing any American who gets too much in pay or bonus's when these knuckleheads get an automatice raise every year, this year it's $4700. Did they give it back? No way..I guess they need it more than the people they steal it from..US!
It is neither here nor there whether the people receiving the bonus's merited them or not,
it is the CONTRACT Stupid! What don't these
Republican's understand about contracts..when
most of the Congress on both sides are LAWYERS!
We expect corruption from the Democrats but we expect more integrity from the Republicans and they went right along with this Charlie TAX CHEAT RANGLE. The jerk who told that citizen
his tax cheating ws none of his G... business.

Tea Party
It's pretty obvious that our republicans are afraid to step out of the Washington social bubble. They are to afraid of being on the wrong side of a phony dog and pony show to
do the right thing.

A pox on them all!!!

if
there was no bailout, there would be no obscene bonuses. so, the chimp in chief bails out an undeserving company, fulfills his obligations to pay back a big campaign contributor, rewards the malfactors, and starts getting the public accustomed to the idea of a 90% income tax. very neat. we will rue the day we exchanged bumbling republican incompetence for the cold calculated ruthless crime of the democrats.

AIG, go after them
These executives and politicians who stole our money should be dealt with like drug lords. Seizure of property, money, all assets. Put them on a chain gang busting rocks after that. Zero tolerance. Maybe put them in Angola prison. Somewhere really hot & miserable.

Please kind sir, we'd like to see the
Wizard of Dodd. No Way! No how! Can you see the Wizard!
http://stopthepresses2.blogspot.com/search/label/Christophe r%20Dodd

Kevin
Hey Stupid! If you should hear those words, they are speaking to you! What we see today is "Political Theater". 85% of the people in congress are Lawyers. Translation; They understand the law which surrounds Contracts. I used the word "Surrounds" for a reason. President Obama played along with his righteous indignation. Any reasonable person understands that $165,000,000.00 is a insignificant sum given our circumstances. What the "Dumb As" republican party and it's members should be asking is; What are they "Hiding"? Unless of course, you are apart of this "Theater"!

my 2 cents
the hypocrisy we are seeing today in both houses of congress on both sides of the aisle is truly breathtaking.


NE Conservative
Sir, you are no conservative at all. You are a populist shill like the 85 Reps who voted for the 90% tax. The conservative answer is simply to let them fail. Its realy quite simple, no government interference, no congressional grand standing just letting capitalism work.

Sick and Tired of Hypocrisy
from both liberals and people who call themselves Conservatives (Such as Kevin James). Liberalism and hypocrisy are mutually inclusive. True Conservatism and hypocrisy are mutually exclusive. Double standards are supposed to be reserved exclusively for the libs. The AIG bonuses are exposing the hypocrites on both sides of the aisle and it is sickening.

Since the bonus contracts were already in place long before Geithner began initial negotiations back in September, and since there is broad agreement within the legal community that these contracts were legally binding and constitutionally protected, neither the Bush nor the Obama administrations are responsible for the bonuses being paid. Neither are they responsible for the fact that the agreements were entered into in the first place.

If as some Republicans claim the Obama administration should have dictated to AIG either no bonuses or no bailout in February, regardless of the constitutionality of such a demand, than the Bush administration is responsible for the same failure back in September. The Democrats are of course accusing the Bush administration of not having given the same ultimatum back in September while not accepting that consistency would require them to apply the same standard to the Obama administration in February.

This hypocritical trading of blame back and forth between the two sides is a tragic comedy. It is greatly assisting in the country’s destruction and the international community’s perception of Americans as insanely stupid.

A pox on both your houses.

Way Down South
You are correct both sides are screwing up but the President has to now become a LEADER of this country and quit being a Puppet to Nancy Stalin and Harry Hitler for we all know they are the ones who wrote these Bills along with Dodd and Franks with Fannie and Freddie failures Hell Dodd even took some responsibility, all these people need to do is TELL THE AMERICAN PEOPLE THE TRUTH, QUIT LIEING and acting as if WE THE PEOPLE ARE ALL STUPIUD.

It seems as if the people we elected think we dont read or listen to the MEDIA for everytime they open their PIE HOLES they get caught at a LIE

Also please tell the LIBS in Copngress to become what Joe Biden said, ITS Patriatic to pay taxes, Well he needs to tell his fellow Congressmen and women that, not WE THE PEOPLE for we pay our taxes if we like it or not.

Its time for our Presaident to make a stand and start LEADING this country not MISLEADING this country just for Liberals in Congress to gain Political Power.

We are Americans first not REPS or DEMS, AMERICANS, our only problem is the people we elected arent actg like Americans themselves.

Way Down South
You said, "neither the Bush nor the Obama administrations are responsible for the bonuses being paid"

I disagree, I think both administrations are at fault. They are not responsible for the contracts but they are responsible for using public money to fund "bonuses" that are arguably undeserved.
I don't see the Constitutional issues with telling AIG that if they don't renegotiate their bonus contracts, taxpayer monies will not be provided for that purpose. If AIG would have just been allowed to go into bankruptcy, those contracts would have been renegotiated automatically.

Lying Crapweasels
Watching the congressmen falling all over themselves to get to a microphone and point fingers would normally be hilarious, if things weren't so grim. Rather than just admit that they were obliged to respect a contract or admit that they hadn't read the details revealing the contract, Howdy Doody Dodd said the Administration MADE him do it. I guess they threatened to TELL on him if he didn't do it. This is the kind of behavior one would expect in an elementary school classroom when the teacher came back to the room and wanted to know what happened. There has never been a better arguement for term limits than the display put on by these shysters trying to save their jobs. They can't save their integrity, if they ever had any to begin with. But not to worry – Plugola Biden is on the job now and he's REALLY SERIOUS about taking those people who accept bailout money to task.

gatorbait
I agree with you about "Respect". But as we both know; Respect has to be earned. Unfortunately, 100 years of American history tell me, there is no reason for politicians to respect "US"?

Methusela
I find your position, that both administrations are at fault, to be eminently reasonable. In fact, I agree that both administrations are responsible for many failures in regards to the AIG bailout which I have claimed to be unconstitutional since day one. I was referring to the making of the bonus contracts themselves that were made in-house at AIG, and the unconstitutionality of interfering with private contracts which are the backbone of our capitalist system.

The MAIN point of my post is not whether or not they are both responsible for these particular bonus contracts. My MAIN point is the hypocrisy being leveled by both sides. They can either both be guilty of the bonus payouts, or they can both be innocent. But they can’t both be one and the other at the same time. My post is about both sides trying to have it both ways and how this hypocrisy is destroying the country. (amongst other things)

Your position, that they are both at fault, is eminently reasonable precisely because you apply a non-hypocritical standard when judging both.

In addition, I entirely agree with all other points you have made.

gaitorbait
I definitely agree with what you have written.

Unfortunately, I think that there is zero chance that the new President and his VP will ever start leading us well or that they will ever match the particular promises you have referred to with deeds.

Their campaign rhetoric was just that, campaign rhetoric.

Obama-idiot or evil genius?
Everyone is missing the point....The last stimulous package was thousands of pages long and presented only hours before it was to be voted...Obama is a very cunning man...And he is fully aware of everything he does and he does things for a purpose..
Obama knows full well if you put your hands into a mans wallet you will get his full undivided attention about MONEY...
This is only a smakescreen to divert your attention away from things like taking guns away from pilots thereby saving terrorists lives while accusing the pilots of being the real troublemakers... Or saying the Gitmo soldiers are the torture terrorists and letting the prisoners go free..
and taking away veterans medical assistance only to relent and make the vterans not only dependent on Obama but eternally grateful.. He is truly the messiah of terrorists and muslims..
He has caused more division and damage to America in 2 months and any one in history..

Did Mr. James Take Contracts 101?
It seems we both graduated law school the same year, so I was wondering . . .

At least in *my* law school, we learned about what it takes to make an enforceable contract (offer, acceptance, consideration [which could be the proverbial "mustard seed"]) and I have no doubt that the contracts to pay the bonuses met those conditions. This would make them a contract to pay "wages", which is not only enforceable, but entitled the employee who wins *to their attorneys' fees* on top of the lost wages. It's a winning case for the employee, and a total LOSER for the employer (even if the employer is AIG).

Mr. James appears to be just as good a manager as the congresscritters he flogs in his column, if he thinks the health of the company is going to be *improved* by ultimately paying out not only the bonuses, but ALSO the company's attorneys's fees to defend the lawsuits and the fees of the employees' attorneys on top!

To be clear, I don't *LIKE* the bonuses, but I don't think the company had a legal leg to stand on to take them away. Now, could they have used extortion (i.e., "Give up your legal rights to money that we used to induce you to not bail out on the company, or we'll fire you [after we pay]!")? Possibly. But not probably for most of the affected employees, would be my guess. So we're back to that (VERY COSTLY) legal morass, that puts the company in worse shape. Which is a good reason not to have vox populi in charge of businesses.

methuselah
You said you don't see the Constitutional issues by telling AIG to renegotiate. The only way that can be true is to have never read the Constitution. First, the Federal government has no Constitutional power for bailout, thus such monies given are illegal and theft from the taxpayer.Further there is no power for "national emergency". Congress has very specific and limited powers with which to see to the general welfare of the UNITED STATES, note states, not individuals. See Article 1, Section 8 for these powers, and the phrase "necessary and proper", meaning only those laws necessary forrealizing the above powers are to be passed.
Second, in order to renegotiate, one must have the willingness of both parties. This is not something that can be forced upon a reluctant party. Note that states are prohibited from impairing contracts. Why not the Federal government? Because no one ever imagined the Federal government so breaching its lawful boundaries and involving itself at the individual level, rather than the state level for which it was chartered. At the Constitutional Convention some even protested the inclusion of prohibiting ex post facto laws as making the representatives look foolish for not understanding a basic rule of legislation.

Susan @ 11:21
I am not an attorney but I rely on the opinions of attorney’s in my organization. Experience has shown that putting five attorneys in a room you will invariably receive six different opinions. I believe Mr. James’s point was that some type of contract renegotiation should have taken place prior to the distribution of the money. Similar to what was asked from the automakers in relation to their union contracts. The Government’s position should have been lacking a contract renegotiation there would be no bailout.

Is Obama powerful?
Obama is the ruler of the free world and has power to do the things neccessary to protect the citizens of the United States. Protection does not only apply to terrorism. Protecting means looking out for the citizens, so we aren't wasting our tax dollars by bailing out the AIG executives, while they get to live a life of luxury. Obama could have had strings attached but that would show he understands about morality and "true" responsibility. He would have to stop being weak, and finally show that he has both a spine and moral conviction. He believes in moral relativism, and everyone doing as they please is okay. So, he and the rest of the country will face the consequences.

True stuff
Recall how the Bush administration has been criticized for failing to conduct oversight over TARP? This is also an oversight issue, but this time Obama's administration is to blame. Isn't he the guy who spoke so strongly about obscene executive compensation and bonuses? Clearly, he is trying to dance around the blame.

dems pre-planned
ruth
Yes. I do believe that it is a diversion.

But, could this have been pre-planned, so that congress would be given the power to target certain groups in the United States, that they politically disagree with. This could have been a thought up, master plan!!

helter Skelter
If ever that term is applicable to anything it is to the Obama administration, we are leaderless as it seems Mr Obama is still on the campaign trail with all his little outings, flying here and there to townhall meetings, appearing on Leno (putting his foot in his mouth), leaving vacancies in his staff not yet appointed.

Get back to DC sir and remember the election is over and campaigning too!!


Did we elect an Empty Suit?
Add it up fellow bloggers. He's not an economist. He never has run a business. It's hitting the fan and yet he's hiding here in California. When it was time to sign the stimulus to avoid a "catastrophe" as he put it - he took off for Denver. This is the community activist who said "change" a trillion times and got elected.

The Appleseed Project .... RWVA
April 19, 1775

When Marksmanship met History, and Heritage Began ...

What the RWVA (Revolutionary War Veterans Association) is all about:

The Appleseed Program is designed to take you from being a simple rifle owner to being a true rifleman. All throughout American history, the rifleman has been defined as a marksman capable of hitting a man-sized target from 500 yards away — no ifs, ands or buts about it. This 500-yard range is traditionally known as "the rifleman's quarter-mile;" a rifleman can hit just about any target he can see. This skill was particulary evident in the birth of our country, and was the difference in winning the Revolutionary War.

http://www.appleseedinfo.org/


SOS - My Country is under siege
The White house will never be the same after Obama. It will be permanently stained with the residue of a Liberal Leftist running amok in the oval office. Oh how so many fellow Citizens have F'ed it all up by voting for this Fraud. Shame on them...

Obama Team Worried......................
And they should be. There are literally thousands of Tea Party Revolts cropping up across the nation. Last week when I checked there were NO revolts scheduled for my state. This morning there are over 45 across the entire state. There is a awakening or realization that the boy King is a fraud, a phony and an empty suit. This administrations incompetence is stunning. And their LIES are beginning to unravel. Welcome back, Carter, your last day in office will be cause for great celebration: January 13, 2012

Peggy
Maybe sooner(2010), if on the political level enough people reject the leftists and turn to somewhat sane and responsible conservative candidates.

Teresa
Your comments concerning Obama and the office of the President were a little incoherent. The President has the power to carry out the laws that Congress passes and little else. Also his powers are not for protecting individuals except in an indirect manner, such as in war, or his administration of laws on behalf of the states. It is the state governments whose purview is that of the individual. I know this is not how it is practised, but it is what the law(think Constitution) is. It seems that you, like many, have become so accustomed to the employment of usurped powers that you believe it is legitimate.

outrage
The outrage is the stupid people picking on the AIG people and their families.This outrage should be directed at the people in D.C.that are in charge.This bonus deal came up in a congressional hearing earlier this month,so most of the representative should have known about it Gietner,Dodd and Barney Franks

Charles Sch at 4:55
Yes it is still a bonus, as it is not guaranteed, but based on certain conditions, and thus may never actually be dispensed.

Barney Franks
He is saying Fannie and Freddie should not pay bonuses.I agree go back and get the millions from Raines,Johnson and gerelick

An Empty Suit?
Oh no. He knows exactly what he is doing. He is the frontman for the real brains behind this 'nation killer'. He hates whites almost as much as he hates America. So he is their puppet.

That is why he is the ideal water-carrier for the socialists/Marxists who are plottin our overthrow,eventually. He will do whatever they tell him to do or say.

He is spitting in the face of all who he thinks did not support him and we will pay for our foolishness,with our last dime,if necessary.
He wants us to suffer just as he thinks 'his people' suffered at our hand.

Pathetic.

Check your history
1982 Schumer / Hoyer co-sponsor bill that leads to s&l crisis

Most sitting democrats come in during S&L and sit on the various committees that are to protect us from it happening again.

2000 Congress passes bill that allowes compainies to bundle securities.

2006 Congress argues less restrictive Fannie Freddie rules.

2008 Congress says OOPS it's their fault.
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