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Bank Buster: Elizabeth Warren is Wall Street's Worst Nightmare

Can DC's top bailout cop beat the finance lobby—and Larry Summers?

David Corn

(Getty Images)

By her own reckoning, Elizabeth Warren
had two transformative experiences on the way to becoming official
Washington's most unconventional expert on the financial industry.
Let's start with the second. It was 2003, and Warren, an
earnest-sounding and ever enthusiastic Harvard law professor who
specializes in bankruptcy, was on the set of Dr. Phil. She had written a book with her daughter called The Two-Income Trap: Why Middle-Class Mothers & Fathers Are Going Broke,
and she'd expected to sit next to the host and explain its key points.
Instead, Dr. Phil was interviewing a stressed-out couple with serious
medical and financial troubles. After they mentioned they had obtained
a second mortgage to pay off their credit card debt, the lights went up
on Warren, and Dr. Phil asked her if this had been a smart step. No,
she declared, because now they could lose their home if they defaulted.

As soon as her turn was over, Warren found herself thinking, "You've
been doing this work for 20 years now, and it is unlikely that any of
it has had as direct an impact as these 45 seconds." She had reached
millions, some of whom might actually pay attention to her advice. "So
here you are, Miss Fancy-Pants Professor at Harvard. What do you plan
to do now? Is it all about writing more academic articles, or is it
about making a difference for the families you study? I made a decision
right then: It was for the families, not the self-aggrandizement of

years later, Warren is applying that people-first philosophy by
simultaneously running the Congressional Oversight Panel, which
monitors the $700 billion TARP bailout program on behalf of the taxpayers, and pushing for a new agency to protect consumers from predatory lenders.
Now, as Congress seriously considers her proposal (and lobbyists
maneuver to kill it), the question is: Can a middle-class populist in
Ivy League garb change the world-or at least Big Finance?

Warren, 60, grew up in Oklahoma in what she terms "modest
circumstances." Her father was a maintenance man; her mother worked for
Sears. After graduating early from high school, she headed to college
on a debate scholarship. Eventually she landed at Rutgers' law school,
where she admits starting out somewhat clueless: When a fellow student
asked if she would try out for the law review, she didn't know if he
meant a magazine or a theatrical show. "All I knew was, if the smart
kids were doing it, count me in."

She graduated in 1976, with no job lined up and nine months pregnant
with her second child. Soon she'd started her own practice, handling
wills, real estate closings, and the like. Later she taught nights at
Rutgers, and then found a position at the University of Houston's law
school-one of the first women ever hired there, she says, and the first
who was not married to a faculty member. She began teaching bankruptcy
law. "Bankruptcy," she says, "is about economic death and rebirth, a
story of failure but survival, how people come back, how businesses
come back. It's an American story."

It was around this time that Warren had her other epiphany.
Conventional wisdom held that bankruptcy law was too friendly to
debtors, and she shared that view. So she teamed up with two other
academics to conduct research that, she thought, "would expose
those crafty debtors exploiting loopholes in the law." To her surprise,
the study-one of the largest of its kind-demonstrated that most
bankruptcies were filed by struggling workers dealing with the loss of
a job, a medical problem, or a family breakup. "It changed my vision
not only of the bankruptcy system, but of the American economy," she
says. "It put me face-to-face with hundreds of thousands of people who
worked hard and played by the rules, but a pink slip, a bad diagnosis,
or a spouse who ran off had left them in economic shambles." From that
point on, Warren focused on how financial policy and law affected folks
at the kitchen-table level, and by 2005 she was testifying on the Hill
against legislation sought by credit card companies and the financial
sector-and eventually passed by Congress-that made it tougher to file
for bankruptcy.

Her passionate advocacy for family-friendly economic policies caught the eye of Sen. Harry Reid
(D-Nev.), who'd disagreed with her on the bankruptcy bill. "He was
struck by her articulate views on pro-consumer issues," a spokesman
says, and so, last November, Reid appointed Warren to the TARP panel.

Shuttling between Cambridge and the panel's offices in DC-tucked
away in a corner of the Government Printing Office-Warren broke the
mold of the typical government commission. Instead of endlessly
studying the issue before producing a bland, predictable doorstop of a
report, the panel would publish a to-the-point, easy-to-comprehend
assessment of a different slice of TARP each month. One of the reports
revealed that the Treasury Department had paid $78 billion more than
market value for the assets it purchased from banks. Another said that
despite the hundreds of billions of dollars spent on the bailouts, the
financial system is still polluted by toxic assets that could trigger
another meltdown. And the September report found that taxpayers might
not recover up to $23 billion in TARP funds doled out to Chrysler and GM.
Warren herself has done her part to publicize her panel's work,
delivering testimony to Congress and appearing widely in the media (on The Daily Show,
Jon Stewart inquired whether she had "powers to crush" companies that
had gotten sweetheart deals from TARP), often bluntly taking Treasury
to task for failing to make its programs transparent. At one point she
told lawmakers that "Congress and the American public have no clear
answer" from Treasury regarding its overall TARP strategy.


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"She's done a great job calling attention to the Treasury's failing in ensuring that the taxpayers get a fair deal," says Dean Baker, codirector of the Center for Economic and Policy Research. "That really is extraordinary in DC." Nobel Prize-winning economist Joseph Stiglitz remarks, "What she is doing is making a lot of people very uncomfortable."

Indeed. In April, Thomas Cooley, a Forbes
columnist, blasted Warren for politicizing the oversight panel to
advance an anti-bank agenda, and one of the five-person panel's two
Republican members, Jeb Hensarling,
has criticized her for focusing the commission's work "on issues not
central to our mandate." He also pushed for releasing the transcripts
of the panel's private meetings, a move that Warren resisted because, a
spokesman says, the members need to have "candid discussions" about
their ongoing investigations.

Beyond monitoring how the government is mopping up after the
financial crisis, Warren is pushing a proposal that could help prevent
the next one: creating a Financial Product Safety Commission to protect
consumers from abusive lenders. Mortgages and credit cards, she wrote
in a 2007 journal article about the proposal, "should be subject to the
same routine safety screening that now governs the sale of every
toaster, washing machine, and child's car seat."

Straightforward as that sounds, it would represent a fundamental
shift. "Regulating financial products based on fairness, simplicity,
and appropriate risk is an entirely new paradigm," notes Reid Cramer, director of the New America Foundation's
asset building program. In the wake of the financial meltdown, the idea
has gained traction in Washington, thanks in part to Warren's
plainspoken advocacy. "Almost unique among people with deep financial
insight, Professor Warren speaks a language that ordinary people can
easily comprehend," says Laurence Tribe, a colleague at Harvard Law.
For example, when testifying before a congressional committee in June,
Warren summed up the shift in banking this way: "Today's business model
is about making money through tricks and traps."

Warren's proposal, of course, terrifies the finance industry, and
with the White House vowing to push for it and Congress expected to
start hammering out legislation, lobbyists have been preparing for
battle. The American Bankers Association has proclaimed its opposition. Bill Himpler, executive vice president of the American Financial Services Association,
says Warren's commission would "take us essentially back to the 1970s,
where we had double-digit interest rates...and one-third the consumer
credit available that we have now." Earlier this year, the Republicans
on the Congressional Oversight Panel, Hensarling and former Sen. John Sununu,
dissented from a panel report that called for the new watchdog, arguing
that it "could well undermine the health of banks." In June, financial
policy analyst Jaret Seiberg said that the industry's worst nightmare
is that should Congress create such an agency, Warren would run it.

Does she want the position? "I have a job I love," she says. And
while Warren would be a natural choice, she may not be a shoo-in. One
senior Obama economic adviser told me that Lawrence Summers, the
national economic adviser, "has a thing about her"-meaning he's not a
fan. (The White House did not respond to a request for comment from
Summers.) For her part, Warren says that she and Summers are friends,
and a source familiar with their relationship characterizes them as
sparring partners. "They're like two tennis players at Wimbledon:
energetic, uncompromising. But they're adversaries, not enemies. When
they put down the tennis rackets, they can still go out for a drink."

But a Warren colleague at Harvard (who admires her) notes that
Summers-who as Harvard president speculated that women may not have the
same innate math and science ability as men-might share the sentiments
of fellow Harvard economists who dismiss Warren as insufficiently
theoretical. "They think she shouldn't be talking about bankruptcy
except as someone in the economics department would-that is, with
formulas and theorems, not about how it affects real people." In
Washington, though, that skill-explaining how grand financial concepts
affect real-world families-may prove Warren's greatest asset. As she
once put it on The Rachel Maddow Show,
her rule for financial products is very basic: "If you can't explain it
so the person on the other side can understand it, then you shouldn't
sell it to them."

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