Michael Hirsh: Why Obama is no FDR, and how he got rolled by Wall St.

http://www.newsweek.com/2010/08/29/how-obama-got-rolled-by-wall-street.html

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The president proudly called the new law (FinReg) “the toughest financial reform since the one we created in the aftermath of the Great Depression.” What Obama left unsaid was that his administration had argued against many of the toughest amendments in the bill. And Wall Street, in the end, didn’t complain about it all that much. The biggest firms knew that much of what their powerful lobbyists had failed to block or water down in the bill could be taken care of later on. They’d still be able to influence the vast set of rules on capital, leverage, and other financial issues that would be written by regulators. Led by Summers and Geithner, Obama’s economic team resisted almost every structural change to Wall Street—in particular, Volcker’s plan (initially) and Arkansas Sen. Blanche Lincoln’s idea to bar banks from swaps trading. The administration’s program for getting underwater mortgage holders out of trouble was also criticized as too modest. Obama’s team accepted “too many givens,” says a former senior career Fed official who asked to remain anonymous so as not to offend his former colleagues. Obama’s effort “certainly wasn’t like FDR’s because reform wasn’t driven by the White House,” says Michael Greenberger, a former senior regulator who did much to shape derivatives legislation behind the scenes. “If anything, during most of the journey the White House was a problem and Treasury was a problem.”

Obama’s aides claimed they were only making necessary compromises, placating the Republicans and centrist Democrats they needed to pass the law. And they did stand firm on creating a strong Consumer Financial Protection Bureau. But by midsummer of 2010 the Volcker rule that Obama finally backed was so full of exemptions—allowing banks to invest substantially in hedge and equity funds—that even Volcker expressed dismay. The fundamental structure of Wall Street had hardly changed. On the contrary, the new law effectively anointed the existing banking elite, possibly making them even more powerful. The major firms got to keep the biggest part of their derivatives business in interest-rate and foreign-exchange swaps. (JPMorgan, Goldman Sachs, Citigroup, Bank of America, and Morgan Stanley control more than 95 percent, or about $200 trillion worth, of that market.)

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Obama can hardly take all the blame for the surprising persistence of high unemployment and slow growth. Among the new headwinds beating the economy down in recent months was Europe’s currency crisis, for example. But the leadership question can’t be ignored. Financial and economic reform just never seemed to be a subject that kindled Obama’s passions, his critics say. (The White House strenuously disagrees: “Financial reform has been a top priority to the president since day one,” administration spokeswoman Jennifer Psaki told me.) For much of his first 18 months in office, Obama always seemed to be finding some new thing to focus on. He spoke about financial reform, but he often seemed to address it on the fly, as he was tackling other priorities, like health care. To be fair, Obama was also juggling two wars. Yet all in all, he seemed perfectly willing to leave things to his trusted lieutenants, Geithner and Summers, puzzling some Democratic allies on the Hill. “Doesn’t the president realize he’s got a big flank exposed here?” said one Democratic staffer pushing for tougher restrictions on Wall Street early in the summer of 2010.

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Obama was clearly not pushing very hard to be FDR or even his trust-busting relative Teddy Roosevelt. Now it looks like grim growth and unemployment numbers could extend all the way into 2012. Distracting himself with health care and other issues, Obama may have politically maneuvered himself out of the only major remedy that could bring unemployment down and growth up enough to assure his re-election: another giant fiscal stimulus. Today, after engendering Tea Party and centrist Democratic resistance to more government spending by pushing his health-care plan, the question is whether he has the political capital he may well need, in the end, to save his presidency. And after a two-year fight over financial reform, one other question still lingers: has Wall Street come out the big winner yet again?