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Mr. Trump's conflict with the Justice Department in the last weeks of his presidency to appoint a new Attorney General with intent to contest the results of the presidential election of 2020, is shown in this report in NYT. This created risks for American democracy. The cracks in social cohesion following four decades of foreign wars 1980-2021, irresponsible behavior of financial institutions leading to financial crises and impoverishment of America, incompetent elites, neglect of rural America, ceding of technology and competitive position to China, failure to fund education, healthcare and infrastructure, under presidents Reagan, elder Bush, Clinton,  Bush, Obama, led to a situation of revolt against the status quo by a maverick politician using a new and proven dangerous form of communication social media. Ultimately this put democracy at risk. Lessons from this are only now being learned as people in the Biden administration and outside of it reflect on what happened. In this WSJ report Mr. Trump is seen pressuring officials of the Justice Department to agree to appointment of a new Attorney General shortly after the election. This was seen as an effort to question the results of the 2020 presidential election. A leading senator on the Judiciary Committee says this would lead to "shredding the US Constitution to stay in power." Of this and also of four decades of neglect in America Washington has this to say in his first Inaugural Address on April 30, 1789- "The blessed religion revealed in the word of God will remain an eternal and awful monument to prove that the best institutions may be abused by human depravity; and that they may even in some instances be made subservient to the vilest of purposes. Should, hereafter, those entrusted with the management of this government, incited by the lust of power and prompted by the supineness or venality of their Constituents, overleap the known barriers of this Constitution, and violate the inalienable rights of humanity: it will only serve to shew, that no compact among men (however provident in its construction and sacred in its ratification) can be pronounced everlasting and inviolable- and if I may so express myself, that no wall of words, that no mound of parchment can be so formed as to stand against the sweeping torrent of boundless ambition on the one side, aided by the sapping current of corrupted morals on the other." ...

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US Supreme Court Justices fail to grasp the importance of education and education affordability in the rise of America as an industrialized nation in the last 150 years- from a largely agricultural rural country to an advanced industrial economy. Comments by Supreme Court Justices show this clearly. Justice Roberts compares a college education to starting a lawn business, failing to grasp the importance of education and it being affordable for all when he asked yesterday whether it made sense to forgive loans made out by students and not say ones made out to someone starting a lawn care business.  Astonishingly the same lack of awareness prevails among Justices appointed by Democrats. Justice Kagan said- "Congress passed a law that dealt with loan repayment for colleges, and they did not pass a law for loan repayment for lawn businesses. And so Congress made a choice, and it may have been the right choice or the wrong choice, but that's Congress's choice." Kagan shows a lack of conviction about the value of education for the US economy, and the serious crisis with the lack of affordability of education in America in America's ability to compete with China and the European Union, through her words. Reporting in the WSJ has shown in the past year- the lack of college enrollment for young men graduating from high school where lack of affordability makes a college education out of reach, and young men falling behind young women. This is a serious problem that America has not seen in its rise as an industrialized advanced nation. The pandemic has worsened this problem. Reporting also shows federal funding of education remains underutilized today because it is seen as burdening with debt. President Biden seeks to change this perception of education that is deindustrializing America and failing the country in its efforts to compete in the world. Justice Roberts and Justice Kagan have both failed the country.     ...

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We show here discussion of the the opinion of Samuel Alito Jr who made it an issue of state sovereignty so that Congress could but the federal government could not ban states from approving sports gambling. Yet in today's cost of living crisis with 4 out of 10 Americans lacking enough savings for a medical emergency, it shows that how even the Supreme Court lacks an understanding of the economic issues facing the Nation. Add to this that it made no difference whether they were liberal or conservative as Justice Breyer supported Justice Samuel Alito. The NCAA and NBA, most sports organizations, say the 1972 ban was needed for the integrity of sports. Alito in his opinion mentioned but did not give weight to the problems the SC was creating of "hook the young on sports gambling, encourage people of modest means to squander their savings, and corrupt professional and college sports." In calling the ban in his opinion "a more direct affront to state sovereignty is not easy to imagine," Justice Alito showed, and the 7-2 majority showed how little it cared about the effects on workers and their families of sports gambling. At a time of cost of living crisis and soon after the pandemic and people still struggling the Justices as in their decision on student debt relief have shown how little they understand the American people and the basic of freedoms. What Franklin Roosevelt called in 1935 State of the Union " the right to obtain for him and his a proper security, a reasonable leisure, and a decent living throughout life" that today is threatened from so many quarters. ...

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The negotiations between the Justice Department and S&P that are likely to lead to a settlement with S&P paying a fine of $1 billion for bad ratings on mortgage securities. This would wipe out operating profits of one year for S&P. It comes after S&P initially responded that the civil suit was a punitive action as a result of its downgrade on U.S. Treasury debt.

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The US Supreme Court will soon make a decision on the power of president Biden to take action on student loan forgiveness for millions of borrowers when Congress has failed to take action. 43 million people in the US holding $1.6 trillion in student debt would get some form of forgiveness under president Biden's $400 billion plan. Arguments will be made at the Supreme Court with a 6-3 Trump appointed majority of Conservative justices and a decision expected in June. Congress has failed to resolve this matter of debt affecting a large part of the US population leaving it to president Biden to offer some form of relief before a larger resolution is backed by Congress. A ruling will be made by June.

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S&P's faulty ratings on U.S. mortgage securities was a critical factor leading to the financial crisis of 2008-2009, and the deep recession that followed in the U.S. Recovery was only made possible by large government stimulus and central bank intervention with monetary easing on a massive scale. The effects are still evident after millions of people lost their homes in foreclosures and widening income inequality. Yet it took about 7 years before S&P accepted responsibility and settled with the Justice Department. Earlier S&P accused the Justice Department of suing the company in retaliation for a downgrade of U.S. government debt in 2011. In the convoluted upside down nature of such lawsuits and protests by defendents, McGraw Hill said that the settlement "contains no findings of violations of law." Yet the government produced 290 million documents in response to discovery requested by S&P. Associate U.S. Attorney General, Stuart Delery, the top negotiator for the government, says "put simply, the department brought this case because S&P committed fraud." Delery says no case in Justice Department history has produced this many documents. The Justice Department cited several instances of breach of duty in a statement signed by both parties. In 2007 an internal group's downgrade recommendation for a large number of mortgage securities was rejected by upper management because of concern S&P would lose business. In another cited instance S&P alters its ratings model for grading complex risky securities in 2004 with the goal of being able to issue grades for "2-3 notch improvements" and resulting "improving of S&P market share." S&P had about $1.9 billion in cash balances in third quarter 2014, say analysts, and the settlement was designed to set the right course but not hurt S&P in carrying out its role of issuing about 95% of ratings globally along with counterparts Moody's and Fitch. Mississippi Attorney General Jim Hood says S&P's responsibility lies in that banks might be expected to do something shady, but credit ratings agencies were the ones the country looked up to to do the right thing and flag this....

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President Biden called for corporations to pay their fair share of taxes so that investments can be made in vital needs of the nation-US infrastructure, education and health, transport, public services. The NYT looks at companies where profits are shifted overseas to reduce taxes. In this case NYT looks into an investigation into shifting of profits to a Swiss subsidiary to avoid billions of dollars in income taxes. 

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Martin Feldstein points out why the recent agreement for a "fiscal compact" is no more than an empty statement about fixing the eurozone's finances. In this respect it is no different than the Stability and Growth Pact it replaces, with serious weaknesses. Feldstein cites the weaknesses in the language of the agreement. Each eurozone country is required to limit its"cyclically adjusted" budget deficit to 0.5% of GDP and bring its debt down to 60% of GDP. Compliance will be performed by the European Court of Justice and fines imposed. In practice the questions loom large- for a country like Spain with a 23% unemployment rate, isn't all of the 6% budget deficit cyclical? Again the agreement says deficits are calculated "net of one-off and temporary measures." Under this provision a lot of the stimulus programs would be considered in the category of "one-off." Other language lets eurozone countries frame budgets based on "exceptional circumstances" and "periods of severe economic downturn." Italy has declining economic growth, does it make sense to have a large budget surplus in that situation to lower debt to GDP, and how does that goal relate to "exceptional circumstances."...

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Whe American entered bankruptcy in Nov. 2011 shares dropped so low they reached 20 cents a share, putting the company's value at an incredibly low $90 million, less than one of its planes! Most shares bought in 2013 have multipled in value 13 times, as the stock surged 46% since opening to $35.98. AMR shares dropped to $2.06 when the Justice Dept. blocked the merger with US Airways in August and were at $7 for 2 months before the airlines made a settlement in November 2013.

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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....