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Is the Bush Administration Trying to Take Down Fannie Mae?

By Scott Thill, AlterNet. Posted January 28, 2008.


The government-backed lender is embroiled in a murky battle.

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It all came back to Friedman's single-minded message: Everything went wrong with the New Deal. That's when so many countries "including my own, got off on the wrong track" … Friedman's war on the "welfare state" and "big government" held out the promise of a new font of rapid riches -- only this time, rather than conquering new territory, the state itself would be the new frontier, its public services and assets auctioned off.

--Naomi Klein, The Shock Doctrine


"I love my grandfather," CNN chatterhead Glenn Beck complained on his eponymous show, "but I just want to slap him across the face for liking FDR. I think that was one evil son of a bitch."

Beck's complaint was echoed by his guest for the segment, supply-side economist Stephen Moore, one-time president of the Club for Growth, fellow at think tanks like the Cato Institute and Heritage Foundation, author of Bullish on Bush and now a Rupert Murdoch employee on the Wall Street Journal's editorial board. Together, they tag-teamed the history books so hard on Roosevelt and the New Deal that one could have been forgiven for forgetting that the four-time president's policies not only carried America through the Great Depression, but defeated both Hitler and Mussolini to score a geopolitical hat trick. In Beck and Moore's rhetorical attacks, FDR comes out looking like the very fascists he defeated, one who actually lengthened the Great Depression in an attempt to "nationalize," as Beck asserted, everything in sight and screw honest, hard-working businessmen out of their deserved paydays.

Of course, Moore and Beck are not alone: Naomi Klein's stunning The Shock Doctrine, a deeply researched and scathing condemnation of Milton Friedman's free-market ideology (and ideologues), catalogs neoconservative attempts over the last several decades to unwind everything FDR's New Deal has accomplished. Taken together, the attacks on FDR share one major goal: To privatize what is left of the New Deal and undermine its programs to help the poor and unlucky of the United States navigate their way into the middle class.

The Federal National Mortgage Association (FNMA), more commonly known by its portmanteau nickname Fannie Mae, is one such government entity created by the New Deal, initially to inject liquidity -- or cold, hard cash -- into the mortgage market. That is, until 1968, when it was converted into a private corporation that ceased to guarantee loans made by the government. Since then, it has existed in a nebulous state otherwise known as a government-sponsored entity (GSE), like its smaller GSE-in-arms Freddie Mac, which also buys and pools loans on the secondary market to package them into mortgage-backed securities for sale to investors on the open market. Even though Fannie and Freddie receive no direct funding or backing by the government, the loans that they securitize have the implicit support of the U.S. government behind them, thereby making it easier to land favorable lending rates, buy prices and what passes for financial security in the capital and mortgage markets.

And if that sounds like a bureaucratic labyrinth to you, that's because it's supposed to. Good luck navigating it. But the tangled acronyms and economic jargon still cannot hide one major problem: The GSEs are neck-deep in the housing meltdown and sinking fast.

As of last report, Fannie and Freddie were holding upwards of $4.8 trillion in mortgage-backed securities, financial instruments at the dark heart of our current housing crisis. And because many of those securities are built up of nothing more than debt, one could argue that they're holding onto a whole lot of nothing at all. Which, of course, is the realization that the markets came to over the last several months, when mortgage-backed securities collapsed like a house of cards, taking the American economy, and others it supports, down the rabbit hole.

The U.S. economy has yet to recover. The dollar is on what seems like a permanent nosedive, liquidity has dried up and been replaced with even more debt, stocks are tanking and both the legislative and executive branches are hastily arranging bailout plans that may do little to stop the recession many economists argue has already occurred. In other words, things suck.

Worse yet, there are those who believe Fannie and Freddie's weakened state and powers have been influenced by the Bush administration. The problem, however, is that those who so believe are ex-Fannie employees who have been sued for securities fraud. Franklin Raines, the Fannie Mae CEO from 1999 to 2004, who served under Carter and Clinton and was one of the few African-American suits running a Fortune 500, was accused in 2004 of manipulating earnings in order to skim bonuses for himself and his pals off the top. In 2006, Fannie Mae's regulatory body, the Office of Federal Housing Enterprise Oversight (OFHEO), made it official with a lawsuit against Raines and two other officials in hopes of recouping over $100 million of ill-gotten gains.

Those following the FDR breadcrumbs would appreciate knowing that Raines' middle name is Delano. Franklin. Delano. Raines. You can't make this stuff up.

For his part, Raines accused the White House of what the Washington Post described as "a coordinated plan within the Bush administration to depress Fannie Mae's stock price," one that goes by the name of "Noriega." That title is in honor of the Panamanian dictator captured by Bush's father, after hours of bombardment not by shock-and-awed heavy metal, but shockingly bad heavy metal music. Raines' attempts to subpoena the White House for pertinent records was met with the type of stonewalling the administration is well-known for. The subpoena was also summarily dismissed by judge Richard J. Leon, appointed by George W. Bush on Sept. 10, 2001. But the roots go deeper: Leon also served as special counsel in 1994 on the Whitewater investigation that failed to nail Bill Clinton with criminal conduct. Bush tabbed him to replace Judge Norma Holloway Johnson, who, for her part, ruled an investigation into whether or not Clinton gadfly Kenneth Starr had improperly leaked grand jury information.

The partisan soap gets thicker still.

The director of OFHEO, who is suing Raines and two other Fannie Mae employees, is James B. Lockhart, a classmate of Bush at Andover and Yale, as well as a loyal campaign contributor. Before Bush appointed him in 2006 to oversee the OFHEO and Fannie/Freddie, Lockhart was with the Social Security Administration and spent a few road trips with disgraced Sen. Rick Santorum and other public officials trying to sell the nation on -- what else? -- privatization. Since the Social Security Administration is one of FDR's most lasting New Deal legacies, the move raised the hackles of the watchdog group Citizens for Responsibility and Ethics in Washington, which claimed that the maneuver repeated the administration's "demonstrated pattern of misrepresenting important information to the public." Before that, deeper down the tree, Lockhart served four years under Bush's father as the executive director of the Pension Benefit Guaranty Corp.

And so the partisan battle lines have been drawn down the years, like the Capulets and Montagues of Romeo and Juliet, in concert with a depressed American economy and a cratered housing market. Meanwhile, Fannie Mae and Freddie Mac have come to possess about two-thirds of all the mortgage-backed securities on the books, an increase of almost 50 percent from the second-quarter of 2007. On one end, you have Raines and his Democratic associates accused of cooking the books, Enron-style, and getting no love from their Whitewater-hardened, Bush-appointed judge in hopes of shedding light on what they claim is a Bush conspiracy to weaken and/or privatize the public trust. On the other end, you have a series of well-connected Bush appointees trying to nail Clinton grads for skimming millions off the top of two titans in a mortgage-backed securities scam, built almost wholly out of debt.

Trying to pull nuance from this pitched battle is like trying to suck water out of sand.

"We're probably not going to go on the record for this interview," Mark Fabiani, a lawyer associated with the Raines defense team, as well as the Clinton and Gore teams, told me after what could only be described as an email courtship over the course of what seemed like weeks. (Raines plays hard to get.) "There are plenty of legal briefs filed in the various cases that state our position well," he added, "and we are inclined to rely on those."

Meanwhile, the OFHEO played easy to get. Going anywhere else was the problem.

"Are you an accredited journalist?" OFHEO spokesperson Stefanie Mullen asked me, after repeatedly refusing to answer one of my questions and referring me to Lockhart's recent speech to the American Enterprise Institute. Rather than read another speech to what Klein called "a Friedmanite think tank" in The Shock Doctrine, I need an original quote, I explained. "We don't comment on pending litigation. You need to go and do your homework," she added as she tried to, in her words, "educate" me.

Fine. We were breaking up already. I could handle that; except she kept calling, if only to argue that I wasn't interested in the "pertinent facts." I was perturbed but flattered. It was the first time an interview subject had called to stonewall me. You don't see that every day.

What was it Alice said? Curiouser and curiouser? Exactly.

"This is a curious matter," mortgage-backed securities hater, market columnist and The Long Emergency author James Kunstler explained to me via email, without knowing how dead-on his choice of words would become. "It's possibly a dangerous accusation, since it suggests something like a criminal conspiracy to defraud bondholders. I can understand why Raines would want to go this route, since apparently he was left -- in the immortal words of Nixon -- to 'twist slowly, slowly in the wind.'"

Twist is a nice word for what Raines has been left to do, although no one should shed a tear for a man who may have cooked the books to land $50 million in free money. But according to a brief filed in the case, the OFHEO has allegedly delayed and ignored court orders to supply documents critical to Raines' defense. That brush-off, familiar to those who follow the administration, is making Raines look more like a victim and less like a perp.

"At this late stage," argued Raines' attorney Kevin Downey, "OFHEO alone should suffer the consequences of its noncompliance."

Yet the Raines defense, as well as the OFHEO lawsuit, is irrelevant to the greater matter at hand, which is the future of Fannie Mae and Freddie Mac, two New Deal entities slowly being stripped, like most everything else FDR set in motion, of their mandate to serve the greater good. Instead, it has become a safe haven for scam artists trafficking in GSEs, MBSs, CDOs, SIVs and a bunch of other crafty acronyms that add up to screw jobs for Average Joe and Jane. And now that the two agencies, as well as their neutered overseer OFEHO, have been admonished by everyone from Democrats and Republicans to Fed Chairman Ben Bernanke for their economic gamesmanship, their future is as dark as Glenn Beck finds their past.

If FDR was a son of a bitch, as Beck whines, then that would make Fannie and Freddie the grandchildren of that same bitch. And the privatization payback, rumored to be from that very same bitch family, seems to be well on its way. Perhaps just in time for another Clinton to take office and rewind the whole curious narrative again. Until the Cheshire cat's immortal grin has been turned upside down into a pained frown.

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See more stories tagged with: fanny mae

Scott Thill runs the online mag Morphizm.com. His writing has appeared on Salon, XLR8R, All Music Guide, Wired and others.

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View:
The Shock Doctrine for Fannie and Freddie ?
Posted by: mmckinl on Jan 28, 2008 1:00 AM   
Current rating: 5    [1 = poor; 5 = excellent]
It sure looks that way.

"Meanwhile, Fannie Mae and Freddie Mac have come to possess about two-thirds of all the mortgage-backed securities on the books, an increase of almost 50 percent from the second-quarter of 2007."


They are loading the two up with bogus loans right and left. Senator Schumer mumbled something about investigating the Atlanta Branch of Fannie after they took tens of billions of suspect paper from Countrywide, then fell silent. Like Klein says, get ready for when they try to pull one over when the Panic sets in.

The one weak spot for them is that the housing market needs Freddie and Fannie, or something like them to sort out the housing market. Banks wil be loath to step in this meltdown anytime soon.

Should Freddie and Fannie go belly up Congress would have to charter new entities just like them ! The whole question is willl tax payers rescue Fannie and Freddie, and should they? Why not just start over and let the companies and their owners take the hit ? That's what Warren Buffet is doing getting into the Muni Insurance business as AMBAC and MBIA look to need about 200 Billlions to set them straight over bad Credit Default Swaps.

And just why is Bush giving away 100 Billions to taxpayers ? Stimulus ? Actuallly what they won't say is that this will enable the Fed to print One Trillion debt based fractional Dollars to patch up the Bond Insurers ( 200 Billions ), the banks ( 140 Billions for now ) and Fannie and Freddie ( God knows how much). And guess who pays the bill ?

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National Stockholm Syndrome
Posted by: NoPCZone on Jan 28, 2008 1:48 AM   
Current rating: 5    [1 = poor; 5 = excellent]
Just trying to figure out an explanation of how so many Americans can be so stupid for so long- even as their economic throat is being cut, their civil liberties are being trampled and their children's future destroyed before their very eyes. Can we collectively be this ignorant/insane?

Despite the naysayers from the NeoCon echo chamber-ministry of newspeak, Roosevelt's reforms not only kept the system from tanking, it probably prevented a wholesale uprising in the streets. Things were pretty desperate out away from the corridors of power and wealth in the 1930's and the spike in interest in the Socialist and Communist movements were largely driven by people in despair and fear.

The Republicans have spent the last 30-40 years dismantling many of the reforms of that era and neutering the regulatory agencies set up to provide oversight. We see history repeating itself as many of the same actors, sometimes with different names, are the perps in the economic peril we find ourselves in. CitiCorp, current bad biy in the 'sub-prime' scandal, is the direct successor of the First National City Bank that was such a player in the shenanigans leading up to and contributing to the Wall Street meltdown of 1929.

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Barely SEcret Program to Complete Privatization of Fannymae & Fanniemac
Posted by: bart on Jan 28, 2008 2:25 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Does this mean right wing think tanks,i.e.banks, got Fannie Mae and Fannie Mac to end up holding the bag with most subprime defaults in it? I have always found the ruling class making all sorts of bully moves like those right in the common people's faces.Police brutality toward political demostrators keeps people home. Everyones picture is taken and identified.The ruling class does not allow physical opposition. Huge wealth was stripped out of black America by the subprime hustlers. More money would come to be made off foreclosures than original house sales. It is bewildering how fast paced privatization procedes.Commoners subsist, while businesses get cannibalized by corporations. And viscious MBA's forget their origins and find new ways to strip working people of their very inadequate incomes. Before the New Deal, the American ruling class was into eugenics on their poor: they taught Hitler about what to do with useless eaters.But they did need the children of the poor to fight some wars. So, our rulers threw the crumbs called the New Deal. Now a days: two million,loyalist, pariot producing homes were foreclosed on in the US last year: ten million people displaced, on the move, lives totally disrupted.That's the Newest Deal, and also the hospitals, bridges,and schools are gone.I'm leaving a lot out, but the scene sounds like a description of Iraq, another culture our rulers are blowing to smithereens.

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i didn't hear this on FOX NEWS?
Posted by: jwpa13 on Jan 28, 2008 3:45 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
i wonder why i didn't hear the news that "fannie" and "freddie" had taken on so much of the sub-prime bad debt on FOX (or abc, nbc or cbs)?
i guess their reporters were busy covering suspicious deaths in Hollywood.

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A lack of regulation?
Posted by: thoughtcriminal on Jan 28, 2008 7:30 AM   
Current rating: 5    [1 = poor; 5 = excellent]
Bloomberg: Fannie, Freddie May Face $16 Billion Losses, Credit Suisse Says, Jan 22

"McLean, Virginia-based Freddie Mac's subprime securities may be worth $8 billion to $11 billion less than the prices at which the company is carrying them on its books, while Washington-based Fannie Mae's bonds may be worth $2.25 billion to $5 billion less, according to Credit Suisse..."

What led up to this mess?
N.Y.'s Cuomo alleges appraiser, lender collusion upped home values, Chronicle, Nov 2007
"New York's attorney general has accused appraisers of helping fuel the nation's foreclosure crisis by pumping up home values at the behest of lenders and other real estate professionals."

The scheme commonly being pushed was to issue subprime loans, and then get the homes re-appraised at a higher property value within a few years, then re-finance the original subprime loan. Each time a loan was sold, the broker makes money - and brokers were paid higher commissions for high-rate subprime loans.

Inside the Countrywide Lending Spree, NYT 2007

"As a result, former employees said, the company’s commission structure rewarded sales representatives for making risky, high-cost loans. . . .While mortgage brokers’ commissions would vary on loans that reset after a short period with a low teaser rate, the higher the rate at reset, the greater the commission earned. . ."

Okay - this is how businesspeople can be expected to behave - which is why we have regulation by government of credit markets - otherwise, it turns into nothing but Ponzi schemes.

The practice of trading in high-interest debt that has largely been generated by various collusions between brokers, banks, real estate agents, developers, and speculators is indeed a lot like a Ponzi pyramid scheme, although in many cases, the actual goal was capture of the homeowner's property - which was then developed and resold:

Minority and Low Income Homeowners More Likely to Receive High Interest Mortgages, Nov 2000

". . .Subprime borrowers pay higher rates and fees, and they are much more likely to be the victims of predatory lending practices which strip them of the equity in their homes and can even lead to foreclosure.

Where were the regulators? Who is supposed to keep an eye on this?

First, you had Enron & Arthur Anderson fraud in the deregulated energy trading business, and now the likes of Citigroup and Goldman Sachs are deeply involved in the subprime meltdown. In both cases, the leading firms involved donate heavily to politicians who then appointed industry-linked members to critical positions:

Bush S.E.C. Pick Is Seen as Friend to Corporations, NYT 2005.

"Mr. Cox - a devoted student of Ayn Rand, the high priestess of unfettered capitalism - has a long record in the House of promoting the agenda of business interests that are a cornerstone of the Republican Party's political and financial support.

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» RE: A lack of regulation? Posted by: VZEQICVA
DE-REGULATION, NOT SUCH A GOOD IDEA
Posted by: VZEQICVA on Jan 28, 2008 7:42 AM   
Current rating: 5    [1 = poor; 5 = excellent]
The banking industry was allowed to operate like a free for all for many years. It wasn't always that way. Thank you Mr. Reagan! People need rules, they just do. We're finding out the hard way. Privitization is nothing more than hiding from public scrutiny. Anything that involves the public's money should operate in full view of the people who fund the business. That's us. As usual the wrong people are losing their jobs. Thanks, ANNA

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In other words, things suck!
Posted by: garry minor on Jan 28, 2008 8:43 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
That line at the end of page one say's it all!
In other words, things suck!


Vote Hemp!
Food, fuel, shelter, medicine, pleasure, spirituality, unity!

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Peg the Sub Primes at 2% above Prime..
Posted by: TJ-stars4peace on Jan 28, 2008 12:32 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
We can solve the sub prime mortgage crisis by simply pegging these mortgages at 2% above Prime and forgiving all penalties to date 1/2 of which are illegal anyway..!

This would stop tax payers from paying for a huge bail out or Fannie Mae going belly up..!

Simple as that..!

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One Ring to rule them all
Posted by: Ardie on Jan 28, 2008 1:41 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Friedman's neoliberalism (i.e., laissez faire capitalism) doesn't work. The General Equilibrium Model was refuted in the 60s. If you want an example of Friedman's neoliberalism it is Iraq. It is the arrest of all social values in which all is turned into a dead commodity, including human life. Neoliberalism is best portrayed in Tolkien's Lord of the Rings. In fact Tolkien's personal background for LOTR came from being a firsthand witness to the effects of Robber Baron capitalism.

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Bush is taking down America
Posted by: jeffrey7 on Jan 28, 2008 1:58 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Fannie Mae is the latest,behind Saddam,that's on the administrations hit list.
If he had any real balls he'd back an old-school way of stimulating the economy. Not with his vendetta/war. That's proved itself an unworthy cash flow assistance. No he'd zero out everyone's debts. Not the coporations,they get far to many tax breaks now. I mean for the real people in America. The middle and Low income classes. Where the real economic stimulus should be. He won't do it because he hates anyone he does'nt see as in his league. That's most of us. We need someone that's really from the People,not a put-up job made to look like someone from the trenches of society, But someone that;s been there climbed up a little and sees what the country really needs.
www.youtube.com/RevJeffrey7
Might just be the best known unknown candidate going. For damn sure he's not owned by the Coperations or Special intrest groups or Lobbyists. Throw the corpies out.It's our only way to save our People from this and other administrations sacrifice of homeowners and their lenders

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Are the bushies trying to take down Fannymae?
Posted by: willymack on Jan 28, 2008 4:58 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Are they trying to destroy Social Security? Are they spying on us? Did they take us to a tragic disaster in Iraq using dirty lies? Do they want to "privatize" our interstate highways? Have they given carte blanche to polluters, the oil, drug, insurance, and every other big business who'll support them? Does a rabbi wear a beanie?

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Like Beck, Moore and Friedman I also detest what FDR did.
Posted by: amacd on Jan 29, 2008 6:46 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Like Glenn Beck, Stephen Moore and Milton Friedman I also detest what FDR did with corporatist capitalism ---- but for a different reason.

FDR nursed a rattlesnake back to health, "saved it from itself", and then provided it with a perfect disguise called 'Vichy America'.

I hate to say it, but in this matter I find myself in total agreement with H. Ross Perot, who famously said, "the first one who sees the rattlesnake should kill it." ---- and, he might have added, "should certainly not help disguise it"!

FDR saw the rattlesnake of deadly poisonous corporate finance capitalism sink its fangs into the body of American democracy and inject the venom of negative externality debt poison.

But instead of chopping off the head of the rattlesnake, sucking out the first smaller dose of this deadly poison, and nursing the American democracy back to health, FDR nursed the rattlesnake back to health and gave it better camouflage to deceive and strike again.

Sure FDR installed some rattlesnake fences of financial 'regulations' (like Glass-Steagall, which Bill Clinton and a Republican Congress tore down as 'antiquated'), and sure FDR provided small doses of rattlesnake antidote (like FDIC insurance, which the Bush/Greenspan looting team has now overwhelmed with larger doses of 'debt bomb' venom), but FDR did not take the single and essential action of simply killing the rattlesnake. And thus, American democracy is now mortally poisoned.

I find myself in full agreement with John Edwards, Al Gore, and Raul Julia:

Edwards is now famous for speaking the truth and saying, "you can't negotiate with these powerful (and poisonous) interests" [which he implies, but falls short of actually calling a deadly corporatist Empire, attempting to kill democracy.] "You are naive if you don't understand that the only way to win (IE. survive) is to fight them."

While a much more informed and toughened Al Gore in 2008 says, in his fabulous new book, "Assault on Reason", among the radical right corporate faction (Empire) there is utter contempt that there is even "such a thing as 'the public interest'; (they believe) that phrase represents a dangerous fiction created to impose unfair burdens on the wealthy and powerful". Gore believes that only a frontal assault on this powerful and dangerous "corporate capitalist faction" (Empire) can save our democracy.

Finally, Raul Julia in my favorite scene from the film "Havana" explains to Robert Redford why they must actually 'fight' the American corporate backed, and proto-fascist pawn Batista regime, simply states --- "But they will not leave, by asking NICELY."

Yes, I agree that FDR has proven to be an ineffective dolt and deceiver. Not because he imposed a few short-term controls on the unredeemable 'rattlesnake' of corporate finance capitalism --- but because he did not immediately "kill the rattlesnake".

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The People Who Pay
Posted by: shikejian on Jan 29, 2008 3:47 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Let's all ignore the people who are paying out the ass: those holding student loans. 3% sounds great til you find it's compounded monthly. What's going to happen to the millions who are 5-6 figures in education debt to Fannie Mae and have no way out? Now, when they retire, Fannie Mae can take 25% of their SSA retirement.

The focus of this article kindly left out the most important complication, effect, result. The thieves will never get nailed but the victims will get fucked.

This article never got off the ground. It never dealt with FDR's New Deal reasons: protection of the people. It skimmed over one form of corruption (taking money from the rich) and left the most insidious, hurtful results of raping the victim completely out of the equation.

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Carrion, old Chaps
Posted by: GPFrank on Jan 29, 2008 7:29 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
The Vulture is of the Bustard family,
Does it like the Eagle but much more cheaperly,
One million foreclosed houses pitched on the Email,
What are you waiting for, buy and sell some more,
You Friedmanites, take your pick,
Until the stench shall make you sick.

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Is this what it takes?
Posted by: dejavu2 on Jan 31, 2008 8:12 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
When will the American people wake up and see how they're being screwed with? From sub-prime, to shorting stocks, to the blatent cronyism that's been going on with this administration...I just don't know what it will take. I'm afraid perhaps a major depression might do the trick.

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