John Oliver

The facts will not speak for themselves, so we must speak for them

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August 3, JDN 2457604

I finally began to understand the bizarre and terrifying phenomenon that is the Donald Trump Presidential nomination when I watched this John Oliver episode:

https://www.youtube.com/watch?v=U-l3IV_XN3c

These lines in particular, near the end, finally helped me put it all together:

What is truly revealing is his implication that believing something to be true is the same as it being true. Because if anything, that was the theme of the Republican Convention this week; it was a four-day exercise in emphasizing feelings over facts.

The facts against Donald Trump are absolutely overwhelming. He is not even a competent business man, just a spectacularly manipulative one—and even then, it’s not clear he made any more money than he would have just keeping his inheritance in a diversified stock portfolio. His casinos were too fraudulent for Atlantic City. His university was fraudulent. He has the worst honesty rating Politifact has ever given a candidate. (Bernie Sanders, Barack Obama, and Hillary Clinton are statistically tied for some of the best.)

More importantly, almost every policy he has proposed or even suggested is terrible, and several of them could be truly catastrophic.

Let’s start with economic policy: His trade policy would set back decades of globalization and dramatically increase global poverty, while doing little or nothing to expand employment in the US, especially if it sparks a trade war. His fiscal policy would permanently balloon the deficit by giving one of the largest tax breaks to the rich in history. His infamous wall would probably cost about as much as the federal government currently spends on all basic scientific research combined, and his only proposal for funding it fundamentally misunderstands how remittances and trade deficits work. He doesn’t believe in climate change, and would roll back what little progress we have made at reducing carbon emissions, thereby endangering millions of lives. He could very likely cause a global economic collapse comparable to the Great Depression.

His social policy is equally terrible: He has proposed criminalizing abortion, (in express violation of Roe v. Wade) which even many pro-life people find too extreme. He wants to deport all Muslims and ban Muslims from entering, which not just a direct First Amendment violation but also literally involves jackbooted soldiers breaking into the homes of law-abiding US citizens to kidnap them and take them out of the country. He wants to deport 11 million undocumented immigrants, the largest deportation in US history.

Yet it is in foreign policy above all that Trump is truly horrific. He has explicitly endorsed targeting the families of terrorists, which is a war crime (though not as bad as what Ted Cruz wanted to do, which is carpet-bombing cities). Speaking of war crimes, he thinks our torture policy wasn’t severe enough, and doesn’t even care if it is ineffective. He has made the literally mercantilist assertion that the purpose of military alliances is to create trade surpluses, and if European countries will not provide us with trade surpluses (read: tribute), he will no longer commit to defending them, thereby undermining decades of global stability that is founded upon America’s unwavering commitment to defend our allies. And worst of all, he will not rule out the first-strike deployment of nuclear weapons.

I want you to understand that I am not exaggerating when I say that a Donald Trump Presidency carries a nontrivial risk of triggering global nuclear war. Will this probably happen? No. It has a probability of perhaps 1%. But a 1% chance of a billion deaths is not a risk anyone should be prepared to take.

 

All of these facts scream at us that Donald Trump would be a catastrophe for America and the world. Why, then, are so many people voting for him? Why do our best election forecasts give him a good chance of winning the election?

Because facts don’t speak for themselves.

This is how the left, especially the center-left, has dropped the ball in recent decades. We joke that reality has a liberal bias, because so many of the facts are so obviously on our side. But meanwhile the right wing has nodded and laughed, even mockingly called us the “reality-based community”, because they know how to manipulate feelings.

Donald Trump has essentially no other skills—but he has that one, and it is enough. He knows how to fan the flames of anger and hatred and point them at his chosen targets. He knows how to rally people behind meaningless slogans like “Make America Great Again” and convince them that he has their best interests at heart.

Indeed, Trump’s persuasiveness is one of his many parallels with Adolf Hitler; I am not yet prepared to accuse Donald Trump of seeking genocide, yet at the same time I am not yet willing to put it past him. I don’t think it would take much of a spark at this point to trigger a conflagration of hatred that launches a genocide against Muslims in the United States, and I don’t trust Trump not to light such a spark.

Meanwhile, liberal policy wonks are looking on in horror, wondering how anyone could be so stupid as to believe him—and even publicly basically calling people stupid for believing him. Or sometimes we say they’re not stupid, they’re just racist. But people don’t believe Donald Trump because they are stupid; they believe Donald Trump because he is persuasive. He knows the inner recesses of the human mind and can harness our heuristics to his will. Do not mistake your unique position that protects you—some combination of education, intellect, and sheer willpower—for some inherent superiority. You are not better than Trump’s followers; you are more resistant to Trump’s powers of persuasion. Yes, statistically, Trump voters are more likely to be racist; but racism is a deep-seated bias in the human mind that to some extent we all share. Trump simply knows how to harness it.

Our enemies are persuasive—and therefore we must be as well. We can no longer act as though facts will automatically convince everyone by the power of pure reason; we must learn to stir emotions and rally crowds just as they do.

Or rather, not just as they do—not quite. When we see lies being so effective, we may be tempted to lie ourselves. When we see people being manipulated against us, we may be tempted to manipulate them in return. But in the long run, we can’t afford to do that. We do need to use reason, because reason is the only way to ensure that the beliefs we instill are true.

Therefore our task must be to make people see reason. Let me be clear: Not demand they see reason. Not hope they see reason. Not lament that they don’t. This will require active investment on our part. We must actually learn to persuade people in such a manner that their minds become more open to reason. This will mean using tools other than reason, but it will also mean treading a very fine line, using irrationality only when rationality is insufficient.

We will be tempted to take the easier, quicker path to the Dark Side, but we must resist. Our goal must be not to make people do what we want them to—but to do what they would want to if they were fully rational and fully informed. We will need rhetoric; we will need oratory; we may even need some manipulation. But as we fight our enemy, we must be vigilant not to become them.

This means not using bad arguments—strawmen and conmen—but pointing out the flaws in our opponents’ arguments even when they seem obvious to us—bananamen. It means not overstating our case about free trade or using implausible statistical results simply because they support our case.

But it also means not understating our case, not hiding in page 17 of an opaque technical report that if we don’t do something about climate change right now millions of people will die. It means not presenting our ideas as “political opinions” when they are demonstrated, indisputable scientific facts. It means taking the media to task for their false balance that must find a way to criticize a Democrat every time they criticize a Republican: Sure, he is a pathological liar and might trigger global economic collapse or even nuclear war, but she didn’t secure her emails properly. If you objectively assess the facts and find that Republicans lie three times as often as Democrats, maybe that’s something you should be reporting on instead of trying to compensate for by changing your criteria.

Speaking of the media, we should be pressuring them to include a regular—preferably daily, preferably primetime—segment on climate change, because yes, it is that important. How about after the weather report every day, you show a climate scientist explaining why we keep having record-breaking summer heat and more frequent natural disasters? If we suffer a global ecological collapse, this other stuff you’re constantly talking about really isn’t going to matter—that is, if it mattered in the first place. When ISIS kills 200 people in an attack, you don’t just report that a bunch of people died without examining the cause or talking about responses. But when a typhoon triggered by climate change kills 7,000, suddenly it’s just a random event, an “act of God” that nobody could have predicted or prevented. Having an appropriate caution about whether climate change caused any particular disaster should not prevent us from drawing the very real links between more carbon emissions and more natural disasters—and sometimes there’s just no other explanation.

It means demanding fact-checks immediately, not as some kind of extra commentary that happens after the debate, but as something the moderator says right then and there. (You have a staff, right? And they have Google access, right?) When a candidate says something that is blatantly, demonstrably false, they should receive a warning. After three warnings, their mic should be cut for that question. After ten, they should be kicked off the stage for the remainder of the debate. Donald Trump wouldn’t have lasted five minutes. But instead, they not only let him speak, they spent the next week repeating what he said in bold, exciting headlines. At least CNN finally realized that their headlines could actually fact-check Trump’s statements rather than just repeat them.
Above all, we will need to understand why people think the way they do, and learn to speak to them persuasively and truthfully but without elitism or condescension. This is one I know I’m not very good at myself; sometimes I get so frustrated with people who think the Earth is 6,000 years old (over 40% of Americans) or don’t believe in climate change (35% don’t think it is happening at all, another 30% don’t think it’s a big deal) that I come off as personally insulting them—and of course from that point forward they turn off. But irrational beliefs are not proof of defective character, and we must make that clear to ourselves as well as to others. We must not say that people are stupid or bad; but we absolutely must say that they are wrong. We must also remember that despite our best efforts, some amount of reactance will be inevitable; people simply don’t like having their beliefs challenged.

Yet even all this is probably not enough. Many people don’t watch mainstream media, or don’t believe it when they do (not without reason). Many people won’t even engage with friends or family members who challenge their political views, and will defriend or even disown them. We need some means of reaching these people too, and the hardest part may be simply getting them to listen to us in the first place. Perhaps we need more grassroots action—more protest marches, or even activists going door to door like Jehovah’s Witnesses. Perhaps we need to establish new media outlets that will be as widely accessible but held to a higher standard.

But we must find a way–and we have little time to waste.

Selling debt goes against everything the free market stands for

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JDN 2457555

I don’t think most people—or even most economists—have any concept of just how fundamentally perverse and destructive our financial system has become, and a large chunk of it ultimately boils down to one thing: Selling debt.

Certainly collateralized debt obligations (CDOs), and their meta-form, CDO2s (pronounced “see-dee-oh squareds”), are nothing more than selling debt, and along with credit default swaps (CDS; they are basically insurance, but without those pesky regulations against things like fraud and conflicts of interest) they were directly responsible for the 2008 financial crisis and the ensuing Great Recession and Second Depression.

But selling debt continues in a more insidious way, underpinning the entire debt collection industry which raises tens of billions of dollars per year by harassment, intimidation and extortion, especially of the poor and helpless. Frankly, I think what’s most shocking is how little money they make, given the huge number of people they harass and intimidate.

John Oliver did a great segment on debt collections (with a very nice surprise at the end):

But perhaps most baffling to me is the number of people who defend the selling of debt on the grounds that it is a “free market” activity which must be protected from government “interference in personal liberty”. To show this is not a strawman, here’s the American Enterprise Institute saying exactly that.

So let me say this in no uncertain terms: Selling debt goes against everything the free market stands for.

One of the most basic principles of free markets, one of the founding precepts of capitalism laid down by no less than Adam Smith (and before him by great political philosophers like John Locke), is the freedom of contract. This is the good part of capitalism, the part that makes sense, the reason we shouldn’t tear it all down but should instead try to reform it around the edges.

Indeed, the freedom of contract is so fundamental to human liberty that laws can only be considered legitimate insofar as they do not infringe upon it without a compelling public interest. Freedom of contract is right up there with freedom of speech, freedom of the press, freedom of religion, and the right of due process.

The freedom of contract is the right to make agreements, including financial agreements, with anyone you please, and under conditions that you freely and rationally impose in a state of good faith and transparent discussion. Conversely, it is the right not to make agreements with those you choose not to, and to not be forced into agreements under conditions of fraud, intimidation, or impaired judgment.

Freedom of contract is the basis of my right to take on debt, provided that I am honest about my circumstances and I can find a lender who is willing to lend to me. So taking on debt is a fundamental part of freedom of contract.

But selling debt is something else entirely. Far from exercising the freedom of contract, it violates it. When I take out a loan from bank A, and then they turn around and sell that loan to bank B, I suddenly owe money to bank B, but I never agreed to do that. I had nothing to do with their decision to work with bank B as opposed to keeping the loan or selling it to bank C.

Current regulations prohibit banks from “changing the terms of the loan”, but in practice they change them all the time—they can’t change the principal balance, the loan term, or the interest rate, but they can change the late fees, the payment schedule, and lots of subtler things about the loan that can still make a very big difference. Indeed, as far as I’m concerned they have changed the terms of the loan—one of the terms of the loan was that I was to pay X amount to bank A, not that I was to pay X amount to bank B. I may or may not have good reasons not to want to pay bank B—they might be far less trustworthy than bank A, for instance, or have a far worse social responsibility record—and in any case it doesn’t matter; it is my choice whether or not I want anything to do with bank B, whatever my reasons might be.

I take this matter quite personally, for it is by the selling of debt that, in moral (albeit not legal) terms, a British bank stole my parents’ house. Indeed, not just any British bank; it was none other than HSBC, the money launderers for terrorists.

When they first obtained their mortgage, my parents did not actually know that HSBC was quite so evil as to literally launder money for terrorists, but they did already know that they were involved in a great many shady dealings, and even specifically told their lender that they did not want the loan sold, and if it was to be sold, it was absolutely never to be sold to HSBC in particular. Their mistake (which was rather like the “mistake” of someone who leaves their car unlocked and has it stolen, or forgets to arm the home alarm system and suffers a burglary) was not to get this written into the formal contract, rather than simply made as a verbal agreement with the bankers. Such verbal contracts are enforceable under the law, at least in theory; but that would require proof of the verbal contract (and what proof could we provide?), and also probably have cost as much as the house in litigation fees.

Oh, by the way, they were given a subprime interest rate of 8% despite being middle-class professionals with good credit, no doubt to maximize the broker’s closing commission. Most banks reserved such behavior for racial minorities, but apparently this one was equal-opportunity in the worst way.Perhaps my parents were naive to trust bankers any further than they could throw them.

As a result, I think you know what happened next: They sold the loan to HSBC.

Now, had it ended there, with my parents unwittingly forced into supporting a bank that launders money for terrorists, that would have been bad enough. But it assuredly did not.

By a series of subtle and manipulative practices that poked through one loophole after another, HSBC proceeded to raise my parents’ payments higher and higher. One particularly insidious tactic they used was to sit on the checks until just after the due date passed, so they could charge late fees on the payments, then they recapitalized the late fees. My parents caught on to this particular trick after a few months, and started mailing the checks certified so they would be date-stamped; and lo and behold, all the payments were suddenly on time! By several other similarly devious tactics, all of which were technically legal or at least not provable, they managed to raise my parents’ monthly mortgage payments by over 50%.

Note that it was a fixed-rate, fixed-term mortgage. The initial payments—what should have been always the payments, that’s the point of a fixed-rate fixed-term mortgage—were under $2000 per month. By the end they were paying over $3000 per month. HSBC forced my parents to overpay on a mortgage an amount equal to the US individual poverty line, or the per-capita GDP of Peru.

They tried to make the payments, but after being wildly over budget and hit by other unexpected expenses (including defects in the house’s foundation that they had to pay to fix, but because of the “small” amount at stake and the overwhelming legal might of the construction company, no lawyer was willing to sue over), they simply couldn’t do it anymore, and gave up. They gave the house to the bank with a deed in lieu of foreclosure.

And that is the story of how a bank that my parents never agreed to work with, never would have agreed to work with, indeed specifically said they would not work with, still ended up claiming their house—our house, the house I grew up in from the age of 12. Legally, I cannot prove they did anything against the law. (I mean, other than laundered money for terrorists.) But morally, how is this any less than theft? Would we not be victimized less had a burglar broken into our home, vandalized the walls and stolen our furniture?

Indeed, that would probably be covered under our insurance! Where can I buy insurance against the corrupt and predatory financial system? Where are my credit default swaps to pay me when everything goes wrong?

And all of this could have been prevented, if banks simply weren’t allowed to violate our freedom of contract by selling their loans to other banks.

Indeed, the Second Depression could probably have been likewise prevented. Without selling debt, there is no securitization. Without securitization, there is far less leverage. Without leverage, there are not bank failures. Without bank failures, there is no depression. A decade of global economic growth was lost because we allowed banks to sell debt whenever they please.

I have heard the counter-arguments many times:

“But what if banks need the liquidity?” Easy. They can take out their own loans with those other banks. If bank A finds they need more cashflow, they should absolutely feel free to take out a loan from bank B. They can even point to their projected revenues from the mortgage payments we owe them, as a means of repaying that loan. But they should not be able to involve us in that transaction. If you want to trust HSBC, that’s your business (you’re an idiot, but it’s a free country). But you have no right to force me to trust HSBC.

“But banks might not be willing to make those loans, if they knew they couldn’t sell or securitize them!” THAT’S THE POINT. Banks wouldn’t take on all these ridiculous risks in their lending practices that they did (“NINJA loans” and mortgages with payments larger than their buyers’ annual incomes), if they knew they couldn’t just foist the debt off on some Greater Fool later on. They would only make loans they actually expect to be repaid. Obviously any loan carries some risk, but banks would only take on risks they thought they could bear, as opposed to risks they thought they could convince someone else to bear—which is the definition of moral hazard.

“Homes would be unaffordable if people couldn’t take out large loans!” First of all, I’m not against mortgages—I’m against securitization of mortgages. Yes, of course, people need to be able to take out loans. But they shouldn’t be forced to pay those loans to whoever their bank sees fit. If indeed the loss of subprime securitized mortgages made it harder for people to get homes, that’s a problem; but the solution to that problem was never to make it easier for people to get loans they can’t afford—it is clearly either to reduce the price of homes or increase the incomes of buyers. Subsidized housing construction, public housing, changes in zoning regulation, a basic income, lower property taxes, an expanded earned-income tax credit—these are the sort of policies that one implements to make housing more affordable, not “go ahead and let banks exploit people however they want”.

Remember, a regulation against selling debt would protect the freedom of contract. It would remove a way for private individuals and corporations to violate that freedom, like regulations against fraud, intimidation, and coercion. It should be uncontroversial that no one has any right to force you to do business with someone you would not voluntarily do business with, certainly not in a private transaction between for-profit corporations. Maybe that sort of mandate makes sense in rare circumstances by the government, but even then it should really be implemented as a tax, not a mandate to do business with a particular entity. The right to buy what you choose is the foundation of a free market—and implicit in it is the right not to buy what you do not choose.

There are many regulations on debt that do impose upon freedom of contract: As horrific as payday loans are, if someone really honestly knowingly wants to take on short-term debt at 400% APR I’m not sure it’s my business to stop them. And some people may really be in such dire circumstances that they need money that urgently and no one else will lend to them. Insofar as I want payday loans regulated, it is to ensure that they are really lending in good faith—as many surely are not—and ultimately I want to outcompete them by providing desperate people with more reasonable loan terms. But a ban on securitization is like a ban on fraud; it is the sort of law that protects our rights.

The credit rating agencies to be worried about aren’t the ones you think

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JDN 2457499

John Oliver is probably the best investigative journalist in America today, despite being neither American nor officially a journalist; last week he took on the subject of credit rating agencies, a classic example of his mantra “If you want to do something evil, put it inside something boring.” (note that it’s on HBO, so there is foul language):

As ever, his analysis of the subject is quite good—it’s absurd how much power these agencies have over our lives, and how little accountability they have for even assuring accuracy.

But I couldn’t help but feel that he was kind of missing the point. The credit rating agencies to really be worried about aren’t Equifax, Experian, and Transunion, the ones that assess credit ratings on individuals. They are Standard & Poor’s, Moody’s, and Fitch (which would have been even easier to skewer the way John Oliver did—perhaps we can get them confused with Standardly Poor, Moody, and Filch), the agencies which assess credit ratings on institutions.

These credit rating agencies have almost unimaginable power over our society. They are responsible for rating the risk of corporate bonds, certificates of deposit, stocks, derivatives such as mortgage-backed securities and collateralized debt obligations, and even municipal and government bonds.

S&P, Moody’s, and Fitch don’t just rate the creditworthiness of Goldman Sachs and J.P. Morgan Chase; they rate the creditworthiness of Detroit and Greece. (Indeed, they played an important role in the debt crisis of Greece, which I’ll talk about more in a later post.)

Moreover, they are proven corrupt. It’s a matter of public record.

Standard and Poor’s is the worst; they have been successfully sued for fraud by small banks in Pennsylvania and by the State of New Jersey; they have also settled fraud cases with the Securities and Exchange Commission and the Department of Justice.

Moody’s has also been sued for fraud by the Department of Justice, and all three have been prosecuted for fraud by the State of New York.

But in fact this underestimates the corruption, because the worst conflicts of interest aren’t even illegal, or weren’t until Dodd-Frank was passed in 2010. The basic structure of this credit rating system is fundamentally broken; the agencies are private, for-profit corporations, and they get their revenue entirely from the banks that pay them to assess their risk. If they rate a bank’s asset as too risky, the bank stops paying them, and instead goes to another agency that will offer a higher rating—and simply the threat of doing so keeps them in line. As a result their ratings are basically uncorrelated with real risk—they failed to predict the collapse of Lehman Brothers or the failure of mortgage-backed CDOs, and they didn’t “predict” the European debt crisis so much as cause it by their panic.

Then of course there’s the fact that they are obviously an oligopoly, and furthermore one that is explicitly protected under US law. But then it dawns upon you: Wait… US law? US law decides the structure of credit rating agencies that set the bond rates of entire nations? Yes, that’s right. You’d think that such ratings would be set by the World Bank or something, but they’re not; in fact here’s a paper published by the World Bank in 2004 about how rather than reform our credit rating system, we should instead tell poor countries to reform themselves so they can better impress the private credit rating agencies.

In fact the whole concept of “sovereign debt risk” is fundamentally defective; a country that borrows in its own currency should never have to default on debt under any circumstances. National debt is almost nothing like personal or corporate debt. Their fears should be inflation and unemployment—their monetary policy should be set to minimize the harm of these two basic macroeconomic problems, understanding that policies which mitigate one may enflame the other. There is such a thing as bad fiscal policy, but it has nothing to do with “running out of money to pay your debt” unless you are forced to borrow in a currency you can’t control (as Greece is, because they are on the Euro—their debt is less like the US national debt and more like the debt of Puerto Rico, which is suffering an ongoing debt crisis you may not have heard about). If you borrow in your own currency, you should be worried about excessive borrowing creating inflation and devaluing your currency—but not about suddenly being unable to repay your creditors. The whole concept of giving a sovereign nation a credit rating makes no sense. You will be repaid on time and in full, in nominal terms; if inflation or currency exchange has devalued the currency you are repaid in, that’s sort of like a partial default, but it’s a fundamentally different kind of “default” than simply not paying back the money—and credit ratings have no way of capturing that difference.

In particular, it makes no sense for interest rates on government bonds to go up when a country is suffering some kind of macroeconomic problem.

The basic argument for why interest rates go up when risk is higher is that lenders expect to be paid more by those who do pay to compensate for what they lose from those who don’t pay. This is already much more problematic than most economists appreciate; I’ve been meaning to write a paper on how this system creates self-fulfilling prophecies of default and moral hazard from people who pay their debts being forced to subsidize those who don’t. But it at least makes some sense.

But if a country is a “high risk” in the sense of macroeconomic instability undermining the real value of their debt, we want to ensure that they can restore macroeconomic stability. But we know that when there is a surge in interest rates on government bonds, instability gets worse, not better. Fiscal policy is suddenly shifted away from real production into higher debt payments, and this creates unemployment and makes the economic crisis worse. As Paul Krugman writes about frequently, these policies of “austerity” cause enormous damage to national economies and ultimately benefit no one because they destroy the source of wealth that would have been used to repay the debt.

By letting credit rating agencies decide the rates at which governments must borrow, we are effectively treating national governments as a special case of corporations. But corporations, by design, act for profit and can go bankrupt. National governments are supposed to act for the public good and persist indefinitely. We can’t simply let Greece fail as we might let a bank fail (and of course we’ve seen that there are serious downsides even to that). We have to restructure the sovereign debt system so that it benefits the development of nations rather than detracting from it. The first step is removing the power of private for-profit corporations in the US to decide the “creditworthiness” of entire countries. If we need to assess such risks at all, they should be done by international institutions like the UN or the World Bank.

But right now people are so stuck in the idea that national debt is basically the same as personal or corporate debt that they can’t even understand the problem. For after all, one must repay one’s debts.