Bush Did Try to Save Enron

By Sam Parry, The Consortium. Posted June 3, 2002.

Since Enron Corp. plunged into bankruptcy six months ago, George Bush's defenders have said the administration's refusal to bail out the sinking energy trader is proof of Bush's integrity, given that Enron's Chairman Kenneth Lay was one of Bush's top financial backers.

The story line has been that all of Ken Lay’s millions couldn’t buy George W. Bush. For that reason, Enron has been called a financial scandal, not a political scandal.

Growing evidence, however, shows that this Bush-can’t-be-bought story line isn’t true.

It is now clear that prior to Nov. 8, when the Securities and Exchange Commission delivered subpoenas to Enron, the Bush administration did what it could to help Enron replenish its coffers with billions of dollars. Enron desperately needed that money to prevent the exposure of mounting losses hidden in off-the-books partnerships, a bookkeeping black hole that was sucking Enron toward bankruptcy.

As Enron’s crisis worsened through the first nine months of the Bush presidency, Ken Lay got Bush’s help in three principal ways:

• Bush personally joined the fight against imposing caps on the soaring price of electricity in California at a time when Enron was artificially driving up the price of electricity by manipulating supply. Bush’s rear-guard action against price caps bought Enron and other energy traders extra time to gouge hundreds of millions of dollars from California’s consumers.

• Bush granted Lay broad influence over the administration’s energy policies, including the choice of key regulators to oversee Enron’s businesses. The chairman of the Federal Energy Regulatory Commission was suddenly replaced in 2001 after he began to delve into Enron’s complex derivative-financing schemes.

• Bush had his National Security Council staff organize an administration-wide campaign to pressure the Indian government to accommodate Enron, which wanted to sell its generating plant in Dabhol, India, for $2.3 billion. Bush administration pressure on India over the Dabhol plant continued even after Sept. 11, when India’s support was needed for the war on terrorism. The administration’s threats against India on Enron’s behalf didn’t stop until Nov. 8.

On Nov. 8, Enron disclosed the formal SEC investigation and admitted overstating earnings by $586 million with losses hidden in off-the-books partnerships run by Enron’s Chief Financial Officer Andrew Fastow. Over the next four weeks, Enron stumbled toward its bankruptcy filing on Dec. 2.

Kenny Who?

When the corporate wreckage was complete, the toll was devastating. Investors lost tens of billions of dollars; retirees were left nearly penniless; and 5,000 Enron employees were laid off. Beyond that, Enron’s accounting tricks discredited its accounting firm, Arthur Andersen LLP, and sent shock waves through U.S. securities markets.

As the accounting scandal provoked disgust across the country and across party lines, the White House sought to minimize its relationship with Enron. In spite of a personal acquaintance best symbolized by Bush’s nickname for "Kenny Boy," Bush began to act as if he barely knew Lay. On Jan. 11, Bush told reporters that Lay "was a supporter of Ann Richards in my run in 1994," implying that he had gotten to know Lay as Gov. Richards’ holdover appointee to a Texas business council.

Striking a note in personal disapproval, Bush said his sympathies rested with laid-off Enron employees and small Enron investors who saw their life savings wiped out. Bush said his own mother-in-law lost $8,000 when Enron collapsed.

The administration’s basic line of defense was that it did nothing to bail out Enron. Exhibit One in this argument was the fact that the administration took no substantial action to help Enron after Lay sounded out senior Bush officials in late October by placing calls to Commerce Secretary Donald Evans and Treasury Secretary Paul O’Neill.

By late October, however, it could also be argued that Enron’s troubles were too advanced – and the public spotlight too intense – for the administration to launch a rescue mission. News of Enron’s financial difficulties already was spreading through the business press and the SEC had started to investigate.

In fact, the record shows that, in spite of the risk, the Treasury Department did respond to Lay’s call for help. The New York Times reported that Secretary O’Neill instructed Under Secretary for Domestic Finance Peter Fisher to "look into the condition of Enron." Fisher responded by following up with Enron President Greg Whalley, speaking with him "six to eight times" over a few day period in late October and early November. After the conversations, perhaps recognizing the political peril, Treasury decided against further support. [NYT, 1/13/02]

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