Free Markets, Free People

Daily Archives: May 1, 2009


Reinventing The Flat Tire – Chrysler Set To Try A Variation Of The British Leyland Model

There’s some interesting stuff out there to read about the Chrysler bankruptcy, like people asking “why wasn’t this done in the beginning”?

Simple answer – in the beginning there was no way to secure the UAW a majority stake in the company. Now, as Felix Salmon points out, that’s been accomplished:

The broad outlines of a deal are already clear: Fiat will take a 35% stake in the company and manage it; the UAW will have a 55% stake; and all the government’s TARP funds will be converted into a 10% stake. Present-day creditors do not get equity but rather get cash; the sticking point is exactly how much cash they will get. And of course present-day shareholders — Cerberus and Daimler — are wiped out, and top management will be replaced.

Of course the reason Chrysler is headed into bankruptcy is because all of its bondholders weren’t satisfied with the deal offered through taxpayers money. As you might imagine, Think Progress has the “progressive” spin on the situation:

As Bloomberg reported, “Obama’s team had first offered secured lenders $2 billion for their $6.9 billion in loans, and then raised the offer to $2.25 billion. In a game of chicken, the holdouts asked for $2.5 billion, and Obama’s patience ran out.” Steven Pearlstein put these numbers into perspective:

What you need to know about these vultures is that their idea of fairness is throwing 100,000 people out of work and denying retirees their pensions and their health benefits just so they can liquidate the company and maybe squeeze an extra 15 cents on the dollar from their Chrysler debt. Of course, to get that extra 15 cents, the hedge funds would probably have to fork over a penny or two to pay the army of $700-an-hour lawyers needed to spend two years working it through the bankruptcy process.

The greed factor here is really appalling, but bad intentions can sometimes produce a good result.

The greed factor here certainly is appalling, but not on the part of the group Think Progress would like us to believe is the problem. I mean, how dare secured lenders ask for more money than a paltry 30% of what they lent Chrysler? In the new world of what’s fair, apparently asking for 30% is unfair and greedy. And frankly with an administration which has tossed trillions around like they were beads at Mardi Gras, it seems that somehow $250 million more was just a “bridge too far” when it came to keeping the deal together.

More importantly, what in the hell is the President of the United States doing involved in this sort of process to begin with? Oh, wait, the UAW gets 55% ownership?

Nevermind.

Salmon again:

All of this is necessary but not sufficient for Chrysler to have any hope of a long-term future. One of the more interesting things going forward will be how Chrysler manages to turn itself into a smaller, nimbler, change-oriented company while being majority owned by the UAW — which is nobody’s idea of a change agent. In general, if you need a dose of creative destruction, big unions are not the place to look.

You think? Another wonderful deal put together by the folks who want to run your health care. And yes, I know this isn’t perfectly analogous to the British Leyland situation, but it certainly has some striking similarities. A labor union will most likely have to decide between it’s previous decades of focus and producing cars that people want and can afford. And government involved in the deal up to its armpits.  In case you missed it, the government will appoint four of the nine member board and the Canadian government will appoint one.  Fiat is essentially a management entity with only 3 on the board and a 35% stake.  And while the UAW will only have one seat, it will be a seat representing 55% ownership.

Yeah, nothing can go wrong with that.

~McQ


“Cram Down” Bill Defeated By Senate

An moment of sanity prevailed in the Senate today:

For the second time in two years, a provision to allow bankruptcy judges to modify mortgages died in the Senate today, handing the Obama administration a significant defeat in its plans for arresting the foreclosure crisis.

Supporters argued the measure would keep 1.7 million borrowers in their homes, but it ultimately foundered in the face of fierce financial industry and Republican opposition. The bankruptcy modification provision, which was offered an amendment to a broader housing bill, failed by a vote of 45 to 51.

I love how this is reported by the WaPo. The measure failed because of ‘fierce financial industry and Republican opposition?”

Apparently it failed because 14 Democratic Senators said “no”.

Of course, passage of such a measure would make legal contracts in this country subject to review by the courts and arbitrarily changed based on political concerns. Certainly, in this case, such power is only being given for changing mortgage amounts – but as we all know, precedent is what courts operate under, and such a precedent would just as certainly be used to attempt to give the court similar power with other types of contracts.

It’s a phenomenally bad idea, but one you can expect to see attempted again and again, as promised by Dick Durbin:

“I’ll be back. I’m not going to quit on this,” said Senate Majority Whip Richard J. Durbin (D-Ill.), who sponsored the measure.

[...]

“At some point the Senators in this chamber will decide the bankers shouldn’t write the agenda for the United States Senate. At some point the people in this chamber will decide the people we represent are not the folks working in the big banks, but the folks struggling to make a living and struggling to keep a decent home.”

You’ve got to love the populist rhetoric and the absolute misrepresentation of what he and those that were trying to get this monstrosity passed were attempting. A fundamental change in how this country has operated since its inception. If courts can arbitrarily change the terms of a contract for social/political reasons, we’re doomed. And that’s precisely what Durbin and his ilk are proposing.

Unfortunately I have no confidence that he won’t manage, at some future time, to push this piece of legislation through. But at the moment, it’s where it needs to be – in the virtual garbage heap of bad legislation.

~McQ


Petraeus Says Next 2 Weeks Critical For Pakistan

Gen. David Petraeus says it is put up or shut up time for Pakistan. They’ve let the Taliban establish itself within Pakistan’s Swat valley and they are now threatening other areas. We covered that in a post about the price of appeasement.

Petraeus said:

“The Pakistanis have run out of excuses” and are “finally getting serious” about combating the threat from Taliban and Al Qaeda extremists operating out of Northwest Pakistan, the general added.

But Petraeus also said wearily that “we’ve heard it all before” from the Pakistanis and he is looking to see concrete action by the government to destroy the Taliban in the next two weeks before determining the United States’ next course of action, which is presently set on propping up the Pakistani government and military with counterinsurgency training and foreign aid.

Earlier in the month the Talibs had advanced within 70 miles of the capital, Islamabad. So what about the nuclear weapons?

The officials who spoke with Petraeus, however, said he and they believe that even were Zardari’s government to fall, it was still conceivable that Kayani’s army could maintain control over the nuclear arsenal.

That is because the Pakistani arsenal is set up in such a way — with the weapons stockpile and activation mechanisms separated — so as to prevent easy access by invaders. Moreover, the Taliban is not believed at present to possess the sophisticated technical expertise necessary to exercise full “command and control” over a nuclear arsenal, and would probably require weeks if not months to develop it.

Oh wonderful – they don’t possess the knowledge now, but a few months, and the Taliban could be nuclear. And, of course, we know what organization would be a beneficiary of such a capability, don’t we?

Pakistan is suddenly a much more critical story than either Iraq or Afghanistan. So what is our plan?

As for the security of the Pakistani nuclear arsenal, Secretary of State Hillary Clinton said last Saturday, in an interview with FOX News in Baghdad, that the U.S. believes the arsenal to be “safe” but only “given the current configuration of power in Pakistan.”

She described as “the unthinkable” a situation in which the the Zardari government were to be toppled by the Taliban, adding “then they would have the keys to the nuclear arsenal of Pakistan, and we can’t even contemplate that. We cannot let this go on any further…”

You know, say what you will about the last administration, but if they had said what Clinton said, I’d pretty well understand what they meant. But with this administration I have no idea what “we cannot let this go any further …” means.

~McQ