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Judge Rakoff is interviewed by Adam Liptak as an essay by Rakoff appears in the December 22 issue of The New York Review of Books. Judge Rakoff is critical of the Justice Department for not prosecuting individuals responsible in the 2008-2009 financial crisis and merely offering excuses. He discounts the Justice Department argument that proving intent is difficult or that proving fraud is hard because of the sophisticated counterparties on both sides. He says assistant attorney general in the criminal division Bauer's assertion that you have to prove the individual involved made a false statement, intended to commit a crime, and that the other side depended on this for what they were doing, is misleading. The government is not required to prove that one party to a transaction relied on another party. On the difficulty to prove wilful criminal intent for individuals several layers above those who made and marketed the bad securities, Rakoff says the legal doctrine of wilfull blindness could have been used. Reflecting on why the Justice Department has not prosecuted individuals for wrongdoing the way Milken, Keating and Skilling were prosecuted in prior financial crises, Rakoff comes up with a explanation. He says the government's own role and the role of firms throughout the financial system is suspect in the 2008-2009 financial crisis unlike prior crises. Not only regulators are failing to to do their job. The financial system offers incentives for the packaging of bad debt securities. Fannie Mae has government backing and its management buys these securities to expand access to housing for low income people. The profits made on these securities brings U.S. and foreign banks into this business and leads to a proliferation of these securities around the globe to the point that small towns near the North Pole end up with these securities in their portfolio. This complicates things for prosecutors who in some situations have themselves worked for banks selling these securities. In its slow deliberative way the Obama administration, the Justice Department, and the S.E.C.'s new head, move to prosecute firms during the administration's second term, but not enough is done and tackling individual responsibility for deterring future wrongdoing in the interests of a safe and fair financial system seems a long way off....

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Von Mark Schieritz of Germany's Zeit Online describes the changes underway following the election campaigns in the U.S., and France, and the Brexit vote in Britain, all signalling the discontent of people left behind by the tech, capitalism, trade and globalization changes of the last two decades. The appeal of one time fringe politicians using racist slogans and divisive rhetoric to appeal to those left behind, appealing to people lacking intergenerational mobility, and without much hope for a better future, is a serious concern. People who are gullible enough, lack college education, or racially isolated so that they are not likely to look carefully at what is being offered in terms of programs and change of competing parties, and likely to overlook the hard and difficult road for corrective course of action, because of anger and pentup fears. Schieritz cites as part of this change the unanimously approved conclusion in its final declaration at the G-20 meeting in Chengdu, China- "The benefits of growth need to be shared more broadly within and among countries to promote inclusiveness." Yet this can be a sort of "too little, too late."  Bankers who are cited in an email going around Wall Street lack credibility with groups on Main Street, to people adversely affected by tech, trade and globalization changes that have been persistently ignored for over a decade, close to two decades. More convincing is the tone of Theresa May, the British prime minister's first statement outside 10 Downing Street- who spoke of the "burning injustices" and her determination to make this a top priority of her government. Still more convincing are the programs to invest $275 billion over 10 years in infrastructure put forward by the leading candidate in the U.S. presidential election of 2016, to provide easier access to public universities and colleges to those left behind, as a sure way to create new jobs and address intergenerational mobility. In fact every leading candidate had made the loss of upward mobility their central plank already in 2015, long before Trump and Sanders started their campaign. The real hope lies in western leaders Merkel, May, and Clinton, all keenly aware students of changes, all women by the way who have sensed the injustice and have the ability to come up with something new and promising for the future, after learning the lessons of the past. ...

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David Stockman, director of the Office of Management and Budget under Reagan, is interviewed by Tom Keene. Stockman says the US has $52 trillion of debt on a $14.5 trillion economy, a ratio of 3.6 times GDP. Historically, before 1980, it has been around 1.6. This debtification of the US, he says, is the major problem facing the US today. Stockman sees little or no economic growth in the next 5 to 10 years, as debt reduction progresses.

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Wadhwa describes the impact of patent trolls on the U.S. patent system. He says the patent system in its current form, with extensive patent defenses by technology firms costing billions of dollars, litigation by companies that are not representing inventors, and the overall negative effects on new companies, actually reduces innovation. There has been a surge in lawsuits regarding smartphone and software patents as a result of businesses that collect patents and sue to earn money through legal settlements.

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Electricity production and consumption data from the provinces has been overstated say experts making the decline in economic growth in China look less severe than it really is. Coal stockpiles at one key storage location in Qinhuangdao port reached 9.5 million tons in June, says an analyst for Wood Mackenzie, global energy consulting firm, a level not seen since the level of 9.3 million tons in November 2008 during the height of the 2008 financial crisis.

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GM shares have fallen to $32 by April 2011, having dropped by 13.5%. Ford Motor shares have dropped by 9%. All automobile manufacturers have been affected by rising oil prices. And the government's plans to sell all of its GM shares this summer at a loss create additional uncertainty about the value of GM stock. A sense that the IPO roadshow for GM last summer may have oversold GM and created expectations that may not be fulfilled.

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This WSJ editorial says the U.S. Federal Reserve needs a chairman who is politically independent, especially since the Fed has not been politically independent since 2008. It calls Ben Bernanke a political sidekick of Timothy Geithner at Treasury since 2008. A Summers Fed would have become too much influenced by the White House, which would not serve the country well, as new policies will be needed to wind down the loose monetary and fiscal policies, says the editorial.

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Ways in which the the bankruptcy system can be made to provide a fast and orderly way for acompany to reorganize itself, including some protections that are added by the government. Something that could have been used by a Lehman instead of being forced to liquidate quickly and suddenly. Subsequent costly attempts by the Fed and Treasury to prevent a Lehman style collapse with costly bailouts of AIG and Citigroup and other firms, were also not a desirable alternative.

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The European Economic Recovery Plan adopted in November 2008 includes money for social cohesion policy spending. This spending is designed to ensure that there is money in the pipeline for spending on infrastructure and transport, training and education. Poland for example was entitled to 67.3 billion euros for 2007 through 2013 and has been able to maintain its spending in these areas with the help from the E.U. Ith has also helped Germany and the U.K.

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Ring-fencing the retail operations of UK banks from possible losses in the investment banking activities was part of proposals by the Independent Commission on Banking in the UK. Now a parliamentary commission calls for periodic reviews of such ring-fences to ensure this separation is actually still in place, and not been diluted or otherwise removed by bending the rules to favor banks because of lobbying by the banks. It says "over time the ring-fence will be tested and challenged by the banks. Politicians too could succumb to lobbying from banks and others, adding to pressures to put holes in the ring-fence." The report emphasized that a lot more needs to be done to restore standards in banking, especially after recent reports of LIBOR and other revelations of market rigging and corruption. The emphasis in the report is for banks "to be discouraged from gaming the rules."

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The view from Asian officials and scholars that it was not the savings glut that originated in Asia that caused the economic crisis in the U.S. The idea of a"savings glut" that caused low rates for along time and set up conditions for a housing bubble was presented by Ben Bernanke in 2005 before he was governor of the Fed. It was considered acontributing factor in the crisis. Mr Panitchpakdi, head of the UN Confreence on Trade and Development says that Asians did not borrow heavily for consumption and Americans did. Consumption levels he says are normal in Asia and average 40% of GDP. Household consumption in China is 36% but thats because growth in investment and exports has been very strong, npot because consumption has been weak. Speaking at the same conference Chinese central bank governor Zhou Xiaochuan sais Chinese consumption needs to rise and saving rate fall but micro factors like regulation played an overwhelming part. Zhou says the increase in the savings rate in recent years comes not from households but from corporate savings as retained profits. Lawrence Lau, another economist, says China's trade surplus was at 2% for many years till 2005 when it jumped to 5% of GDP. ...

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Canada is the largest supplier of oil to the U.S., supplying more than 2 million barrels of oil imports a day. Here the heads of the U.S. and Canadian Chambers of Commerce argue that a new pipeline from Alberta, Canada to Texas would supply an additional 1.1 million barrels of oil a day. The pipeline project- called the Keystone XL pipeline- has been under review by the U.S. government since 2008. An Energy Dept study in February 2011 found that the project should go ahead, but it is being held up for further environmental studies by the Obama administration. The delays may be the result of opposition to Canadian oil sands development. At the same time significant progress has been made in reducing the environmental impact of oil sands development. About 80% of the water used in the process is now being recycled. Tailing ponds containing waste product from the oil shale process are also being reclaimed for green land and replanted with trees and shrubs. TransCanada says the Keystone XL pipeline could create 20,000 new American jobs for construction, and 250,000 jobs in the long run. Strict environmental standards can be followed say Donahue and Beatty, because the U.S. is partnering with Canada....

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John Taylor, a professor of economics at Stanford, points out that the numbers being thrown back and forth in the budget debate can be confusing. He suggests a better way to look at this. The U.S. budget was 20% of GDP in 2007, and has been at or below that level in recent years, before the higher spending to counteract the effects of the 2008 financial crisis. As the economy recovers and private investment increases it makes sense to bring the spending back to levels where it has been- spending levels that do not endanger the country's credit rating and are a prudent way to manage the nation's finances. Taylor asks the question- if the U.S. got by by spending 20% of GDP in 2007, then why is it not possible to do this in future years when the GDP will be higher. In 2000 spending was actually 18.2% of GDP. Taylor says that with higher incomes people will be moving into higher tax brackets which should increase revenues in future years. In three years since 2009 the spending levels are up to 24.4%. Under this scenario private investment would make up for lower government spending and debt, leading to higher employment and GDP as business confidence rises. ...

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Differences between the U.S. and Germany at the Munich Security Conference on the approach to a settlement in Ukraine. Russia wants more autonomy for the rebel held areas and continues the flow of arms and men to eastern Ukraine. Russia's economy has been hurt to a limited extent by sanctions and larger extent by the plunge in crude oil prices, with inflation at about 15% in Feb 2015. Relations with the U.S. and Germany are at a low point, making negotiations more difficult. With Russia calling the conflict a civil war, and Ukraine's currency plunging, and the U.S. considering sending arms to Ukraine, France's Hollande and Germany's Merkel personally conduct difficult negotiations in Moscow in Feb. 2015. Merkel tells the Munich Security Conference that "this cannot be won militarily," as the reason to oppose U.S. sending arms to Ukraine. And Vice President Biden says he agrees, yet he says its important "to be equally clear: We do not believe Russia has the right to do what they're doing." U.S. Senator Graham supports sending arms aid. Senior officials say the Hollande-Merkel peace initiative gets some help from the U.S. approach as all earlier settlements have not been carried out by Russia....

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The current number of American soldiers in Afghanistan of 32,000 in May 2014 will be reduced to about 9,800 after 2014, which would be cut to about 5000 in 2015, an leave only a small force of specially trained forces to protect the embassy and for additional security. Residual forces will include trainers and Special Operations forces to keep a check on Quaeda loyalists in remote parts of Afghanistan and in the mountains. The drones have accomplished much of the work done in earlier phases of the war by ground troops. The Afghan war has also been all about Pakistan. The completion of a full term in office of a democratically elected government for the first time, and the election of the Sharif government, including the participation of tribal and other Muslim extremists in elections, have been the hidden face of the war changing its face in other ways. The beginning of a focus on development in Pakistan and India, and the election of a new government in Aghanistan, the peace talks with the Taliban, are other parts of the shift to winding down America's presence coming from changes in the region itself- by changing the very nature of the conflict itself and isolating the most extremist elements....

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What is behind the runup in oil prices and commodities prices? Gongloff of WSJ sees a decoupling between commodities prices and economic fundamentals. Oil inventories are the highest they have been in a decade, according to information from the Energy Department. And global supplies are high compared to the demand. Two factors are influencing the price of oil which reached $68 on the Nymex crude oil futures- $80 is a realistic prospect. According to one commodity strategist at BMO Capital Markets, China has more than doubled its gold holdings since 2003, and is accumulating bigger inventories of crude, copper, and other materials both for future use and to protect against the potential decline in value of its huge dollar holdings. The other factor is the huge amount of global liquidity as a result of the action of the central banks of the US, Europe, England and other countries. Morgan Stanley Economists Fels and Pradhan say, the ratio of global money supply to GDP has never been higher, which supports a "global liquidity cycle" that puts cash into the hands of investors. These investors bid up the prices of commodities. Fels and Pradhan say similiar cycles propped up the tech-stock and housing bubbles....

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A native of Turin, who was a debonair lawyer then retrained as a physiotherapist, is beloved as "Alberto" to the Afghan people. He runs the Red Cross Afghan Rehabilitation Center in Kabul, and is the most loved westerner in Afghanistan. Its a visible location, but in all these years of war it has never been attacked. In the tradition of the Red Cross founded in 1860 as a neutral entity, the Red Cross's orthopedic centers make no distinction by political affiliation and help combatants on all sides because only the name is asked, as well as civilians who have lost legs to landmines. About 90,000 people have received new limbs since 1988, and 70,000 revisit the centers each year for replacement or adjustment of their prostheses, which last an average of 2 to 3 years for adults and as little as 6 months for children. All the treatments, including overnight stays at the centers that can run for weeks, are free. About 10 million mines were strewn across the landscape in the Soviet invasion from 1979 to 1988. Because most of these mines have been cleared by the UN and charities like the Britain's Halo's Trust, patients now recieve help for congenital deformities, polio, tuberculosis, and accidents as well as other war injuries....

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Big about face from Paulson, Treasury will no longer buy troubled assets. And any funds from Teasury will be given to borrowers only after the borrowing institution has gone out and raised private capital. The World Bank announced yesterday a new initiative for developing country banks, in which it will put $1 for every $2 the banks raise from others. Douglas Elmendorf of the Brookings Institution and a part of Obama's transition team agrees, and says it has the virtue of getting the private sector's judgement on the viability and management of these financial firms. Treasury will instead of buying troubled assets continue to inject capital into financial institutions. When $50 billion of distressed assets were purchased from AIG it was done by the Fed, again to conserve the capital needed by Treasury, as most of the $350 billion in the first tranche approved by Congress has already been committed. The new economic team of Obama, including chairman Volcker and others may also have conveyed their views to Treasury in discussions, and this may have been decided to be the best course considering the need for funds not just in the financial sector but other industries like the auto industry....

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Christina Pretto, a Citigroup spokeswoman says the company was carefuly managing its employee levels, nothing has changed. Statements like this, a kind of corporatese speak that has been around for years is taking on a new life these days, as companies go through heart wrenching change, yet put on many different faces. Citigroup executives are saying that in addition to the 9100 layoffs expected to be announced next week, another 25% reduction in employees will likely take place by end of 2009, which would take the total employee levels to 264,000 from 354,000. Everyone from investment bankers to the backoffice functions and legal and human resources divisions will be hit. Citi's stock has lost 68% of its value this year, and is now down to single digits. On November 13 Citi fell to $9.45. The company is losing money, and will likely need more government money next year. And Vikram Pandit who has been in the CEO position for a year after selling his hedge fund to Citigroup for $165 million, appears to have lost focus, and with the loss of the Wachovia merger and the opportunity to lure deposits and built up its branch network, it is simply going forward without a strategy....

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To give time for the fragile banking system to adjust, and for consumers not to feel the impact of a sharp and sudden devaluation, the government of Russia has used up one third of its reserves shoring up the ruble. Now with currency traders and others testing the limits of the new band in which the ruble is trading, a lower limit of 41 rubles against a basket of euros and dollars is eroding. Last week the rate was at a low of 36 rubles to a dollar. Foreign exchange reserves have dropped from a high of $600 billion to $385 billion. See the link to the sudden erosion of sovereign wealth funds around the world including the Gulf countries. Raising rates aggressively and tightening liquidity too much would hurt the economy, so there is a testing game between currency dealers hoping to profit from the ruble's fall and the Russian government and central bank. Memories of the 1998 collapse of the ruble are still fresh in people's minds, and the government wants to prevent anything like that happening. This has almost become a raison de etre of the Putin government, to prevent the poverty and humiliation after the collapse of the economy during that early post-Soviet period. Most of the money that the government is spending to boost the banking system and the economy is flowing into the currency market instead. Says an economist at Alfa Bank in Moscow, all the rubles out there have been converted into dollars....

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From the National Archives of America here is the letter Mohandas Gandhi wrote to president Franklin Roosevelt calling for American help on July 1, 1942, one month before the launch of the Quit India Movement. With Roosevelt's reply to Gandhi on August 1, 1942, offering his fullest support as stated in his foreign minister Cordell Hull's bold vision of a community of free nations such as India and the idea of the United Nations in Hull's speech made on July 23, 1942. Hull responds to Gandhi' call with the full support of Roosevelt.  Mohandas Gandhi writes to Roosevelt that- "I hold that the full acceptance of my proposal and that alone can put the allied case on an unassailable basis. I venture to think that the Allied declaration that the Allies are fighting to make the world safe for freedom of the individual and for democracy sounds hollow as long as India, and for that matter Africa, are exploited by Great Britain, and America has the negro problem in her own home. In order to make my proposal fool proof I have suggested that if the Allies think it necessary, they may keep their troops, at their own expense, in India, not for keeping internal order but for preventing Japanese aggression and defending China. As fas as India is concerned we must become free even as America and Great Britain are. The Allied troops will remain in India during the war under treaty with the Free India government that may be formed by the people of India without any outside interference, direct or indirect." Gandhi wrote with his proposal to Roosevelt - "It is on behalf of this proposal that I write this to enlist your active sympathy." Roosevelt wrote in his letter that-  "I am sure you will agree that the United States has consistently striven for an supported policies of fair dealing, of fair play, and of all related principles looking towards the creation of harmonious relations between nations... I am enclosing a copy of an address of July 23 by the Secretary of State, made with my complete approval, which illustrates the attitude of this government." Cordell Hull stated in his speech "What we are Fighting For, July 23, 1942, that- "In this vast struggle we, Americans, stand united with those, who like ourselves, are fighting for the preservation of their freedom, with those who are fighting to regain the freedom of which they have been brutally deprived, with those who are fighting for the opportunity to achieve freedom. We have always believed, and we believe today, that all peoples, without distinction of race, color, or religion, who are prepared and willing to accept the responsibilities of liberty, are entitled to its enjoyment. We have always sought and we seek today, to encourage and aid all who aspire to freedom to establish their right to it by preparing to assume its obligations. We have striven to meet squarely our own responsibility in this respect-in Cuba, in the Philippines, and wherever else it has devolved upon us. It has been our purpose in the past, and will remain our purpose in the future- to use the full measure of our influence to support attainment of freedom by all peoples, who by their acts, show themselves worthy of it and ready for it."   ...

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PM makes a point at G7- should not the 1.4 billion people of India most of whom are poor have the same access to energy as the people in the rich countries of the G7? It is to ensure this access to energy for the over 1 billion people in India that India has sourced oil from all countries when geopolitical tensions have made the price of oil to jump to new highs. Modi told a session at the G7 meetings- "All of you will also agree with this that energy access should not be the right of the rich only- a poor family also has the same right to energy. And today when energy prices are sky high due to geopolitical tensions, it is more important to remember this thing." Modi said that it was by "taking inspiration from this principle" that "we delivered LED bulbs and cooking gas door to door in India and showed that millions of tons of carbon emissions can be saved while ensuring energy for the poor." Never before in history has this been done on this scale as hundreds of millions of women have benefitted in poor areas where cooking was done by burning wood, and electricity did not exist. Water by tap water in every home, cooking gas, and electricity are now within the reach of every family in India.  Has G7 even thought of these things? And of the scale of the challenge that is being met and the future challenges for climate, technology and health that are being tackled on an unprecedented scale? ...

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Grim warning from chief scientific and medical advisors to the British government that we are not through this yet, there is more ahead. Without strong action there could be 200 deaths a day and 50,000 cases a day, says Sir Patrick Valance, chief scientific adviser. Tens of thousands of deaths could happen in the winter and there is little prospect that restrictions can be lifted for the next 6 months. The chief medical officer to the government says if we do too little the virus is going to take off. Sir Patrick Valance said at a joint appearance with Whitty in Downing Street that if the virus doubles in 7 days, then if we have 5000 cases a day, it would be 10,000 the next week, 20,000 the next week and 40,000 a day the week after. In a month we could be near 50,000 a day. The vaccine the advisors said may be available to small groups by the end of 2020, only in the first half of 2021 will it be a likely scenario of it being available in widespread way. On protection they say most of us are not protected only about 6-8% may be protected in the hope that immunity is gained by having been infected and developing antibodies. We have to deal with it collectively for the next 6 months as it is now growing across the whole country, not just in some places or environments. Doing too little is dangerous and could let it take off speedily and affect hospitals again, doing too much so that unemployment is affected and poverty social deprivation happens is also to be kept in mind. ...

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This report on Mumbai's underground subway by Corinne Abrams was first published in WSJ January 6, 2019 with Lyrarc gist. Then as happened too often in the past it became the victim of a change in government with the new government in December 2019 stalling the rapid work on the project. Only when it was voted out in June 2022 did the rapid work shown in this Jan 2019 WSJ report resume. It has accelerated under Ashwini Bhide's leadership of the METRO organization and work is back to round the clock 24 hours a day. "A 27 station, 21 mile subway is being built under one of Asia's most crowded cities- Mumbai. It is moving ahead at the pace of one mile a month, with 9 miles complete, started in 2016 the $3.3 billion Metro Line 3 is on track to be completed by 2021. The government of prime minister Modi is eager to show that it is able to tackle some of the toughest infrastructure projects like this one and get them done on  time. As the head of the Metro Rail Corporation, Ms. Ashwini Bhide puts it this should have been done yesterday, considering the appalling and difficult rides facing Mumbai's millions of residents every day on its old and creaky rail system. There is she says " a desperation" to get this done as is true for so many of the infrastructure projects that need to be done in India." "When complete it will take 1.6 million riders a day 80 feet underground to destinations across the city in air conditioned coaches." ...

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As a Sunday school teacher Jimmy Carter brought evangelical Christians in the South into the political process. And it encouraged the emergence of other southerners such as Bill Clinton of Arkansas from small towns into Democratic politics. In doing so it distanced the Democratic party from it's roots as a party of the working man, of the working class and labor, of farmers and small business owners, that it had been from 1902 with TR taking up this stance and followed by FDR, Truman, Kennedy-Johnson. Leading to the situation today after Clinton brought China into the WTO and changed world trade, exchanging places with China as a leader in manufacturing, integrating Silicon Valley into the Democratic party under Obama and distancing from working class concerns. Gerald Seib in his tribute to Cater says in WSJ that he was a good man who was president at a bad time. The problems of inflation and cost of living at 10.4% and mortgage rates at 13%, oil prices with the Iran crisis under Carter were problems that were a result of actions taken by the US in the period going back to the 1950's for Iran and embargoes on oil from lack of conservation in oil use in the US. What Carter accomplished is to open the door to new faces out of nowhere- a small town in Georgia was not a place where a presidential hopeful cold be found in previous eras. Washington, Adams, Jefferson, Adams, TR, Wilson, Harding, Hoover, FDR were all from well known families in the East Coast and Northeast. Only Abraham Lincoln emerged from a small town in Illinois. It opened the door for other southerners Clinton from Arkansas and new faces Reagan and Trump.   ...