Spain’s Financial Crisis: First Principles

Europe’s debt crisis has many contributing elements: bloated government bureaucracies, unaffordable social welfare programs, and productivity stifling labor and commercial laws.  However, none is as central as the condition and behavior of those European banks that overlent to and undercharged many European governments, and whose potential insolvency should one or more European governments default (as Greece has already to some extent) has dominated the EU’s slow, halting approach to dealing with it. Focusing on the case of Spain, the following note illustrates the importance for the future of Europe’s financial markets of resolving the banking sector’s problems properly.

Overview

In some respects the financial and debt situation of Spain is similar to that of the U.S.[1] Its central government debt is less than the U.S.’ and Germany’s (68%, 103%, and 83% respectively). This year its public sector deficit is expected to be 5.9% (8.5% last year), less than the U.S. at 7.6%, but more than Germany’s at 1.3%. Its total debt (public and private) to foreigners (external debt) is less as well (84%, 103%, and 142% respectively). Spain’s housing bubble and subsequent collapse were average. The decline in Spain’s real housing prices from their peak in 2007 of about 20% was about the same as the UK’s and the Euro zone’s and less than in Ireland and the U.S.

To over simplify, what sets Spain apart is a) its lack of competitiveness (its current account deficit with the rest of the world relative to GDP was 9.6% in 2008 and is currently almost 3% while the Euro area as a whole is balanced – i.e., 0); b) the heavy reliance of its banks on borrowed funds (its loan to deposit ratio is about 150% compared with 80% for U.S. banks; and c) its banks’ large exposure to the real estate and construction sectors (56.5% compared to 30% for U.S. banks). In addition, Spanish and European banks in general operate on much less capital than do American banks. Going into the recent financial crisis—2007—the ratio of total European bank assets to capital—i.e., the leverage ratio—averaged around 30, while for American banks it averaged around 13 (i.e. capital gearing ratios of 3.3% and 7.7% respectively).

Spain was confident that it could make sufficient budgetary and policy adjustments to convince markets that it was still safe to lend to while gradually winding down excess spending and liberalizing rigid labor and product markets (its no bailout strategy). But after four years of inadequate measures Spanish voters ousted the Socialist Party and gave the center right party of Mariano Rajoy a solid majority in Parliament with a mandate to move more aggressively. Prime Minister Rajoy’s reform program has been a mixed bag (see “Spain’s Economic Reforms: A Mixed Bag”). The central government’s spending and deficit are falling rapidly, though excessive regional government spending remains a problem. Labor market reform has been quite quick and strong and is already producing improvements in competitiveness. However, Spain has fallen back into recession and unemployment is the highest in Europe at over 24%.  (see Rajoy government reform program)

Spain’s Banks

Spain’s primary vulnerability comes from its banks. In fact, a central feature of the European debt crisis is the relatively large exposure of European banks, including German banks, to the sovereign debts of Greece, Portugal, Ireland, Italy, Spain, etc. If depositors think that their deposits are at risk, they will move them. If they think all banks in Spain suffer this risk, they will move them out of Spain to other banks that accept Euros. If depositors withdraw their deposits too rapidly (i.e., bank runs) then even solvent, well capitalized banks can have trouble liquidating assets fast enough to fund the withdrawals. The total deposits of Greek banks have fallen from 245 billion at the end of 2009 to 175 billion at the end of April 2012. However, Spanish banks’ deposits have not begun to decline until very recently.

Countries limit the risk of deposit runs by explicitly insuring bank deposits up to a limit and/or by standing ready to intervene (bailout) failing banks. In Spain, all deposits are insured up to 100,000 per depositor. If governments guarantee all deposits as a result of a comment to bail out insolvent banks, deposit insurance is redundant and not needed. Even a full deposit guarantee provides some market discipline of bank behavior if the regulator intervenes promptly when a bank becomes insolvent, because shareholders lose all of their investment in the bank. Market discipline is strengthened further if bank bondholders also incur losses when the assets of an intervened bank are not sufficient to cover their repayment.

The Importance of Bank Capital

Without deposit insurance or government deposit guarantees, their bank’s capital is the primary protection for depositors against the risk of loss.  If depositors think that their bank’s capital is too low to cover potential losses, they will move their deposits to safer banks. Unfortunately, the value of a bank’s capital cannot be known with certainty. Economic capital (net worth) is the difference between the value of assets and the value of liabilities. A large share of banks’ assets is loans. The value of a loan is less than its face (book) value if it is not repaid fully or on time. It is impossible to know for sure which loans are “good” and which are doubtful and how doubtful they might be in the future.

Minimizing the risk of deposit runs via capital adequacy consists of three elements:

  1. The level of capital banks are required to hold in normal times (dynamic or cyclically adjusted capital requirements deserve more serious attention) must be sufficient to absorb possible losses. Higher capital requirements provide more deposit protection.
  2. The rules for valuing assets and thus capital must reflect their real value as best as possible. Most bank loans have no secondary market from which to measure their value. Thus bank regulators have established rules of thumb for estimating the probable loss in value for loans that are not performing or are at risk of falling into arrears and potentially defaulting. Banks are required to provision (write down capital) to cover such probable losses. This is the equivalent of “marking to market” the probable value of loans that have no market. Loan valuation and loan loss provisions need to realistically reflect and cover the most likely repayment outcomes.
  3. Depositors must have confidence in the adequacy of the first two measures and the faithfulness with which banks apply them. This is the issue of transparency. The recent deployment of stress tests, when properly explained (especially when undertaken by third parties, such as the IMF), is meant to reduce the uncertainty surrounding the adequacy of measured capital.

The risks to Spanish bank depositors come primarily from three sources:

  1. The potential losses from loans to Spain’s now busted housing and construction markets and from holdings of sovereign debt of Greece are uncertain and have almost certainly been underestimated and under provisioned in the past. Significant exposure to Spanish sovereign debt is now becoming an issue as well. Capital injections are needed just to keep actual capital at currently reported levels. Higher levels of capital are needed to compensate depositors for the uncertainty of the actual level of capital.
  2. The ability of Spain to honor its deposit insurance commitments or its implicit commitments to cover deposits in the event of an intervention are increasingly in doubt because the ability of the Spanish government to borrow additional amounts to cover such commitments is in doubt.
  3. The ability of banks to fund their loans from non-deposit sources or to fund deposit withdrawals even if they are well capitalized are in doubt in current market conditions. This is a liquidity problem, not a solvency problem, and should be handled by the provision of central bank liquidity.

Spanish banks fund a large part of their loans with relatively short-term borrowed money rather than deposits. Access to such funds has become difficult and expensive. From the beginning of central banking, a core function of central banks has been to provide banks with the liquidity they need in such circumstances. The long-established principle is that the central bank should provide illiquid but solvent banks with all the liquidity they need (generally by lending to them against good collateral), but should not lend to insolvent banks (banks lacking sufficient good assets to cover their deposit and other liabilities). The ECB’s three-year Long Term Refinancing Operation is addressing banks’ liquidity problem (#3).

But even without deposit runs (or walks), Spanish and other European banks (especially) need to reduce the extent to which they lend long-term on the basis of short-term borrowed funds. They can only do so by reducing lending until their deposits finance a larger share of it and/or by increasing capital. The bank deleveraging now underway around the world is an important source of reduced bank lending and the slow pace of recovery (see Carmen M. Reinhart & Kenneth S. Rogoff, “This Time is Different: Eight Centuries of Financial Folly”).

Spanish banks were better capitalized than most at the onset of the international financial crisis but more recently have been overwhelmed by the magnitude of the collapse of Spain’s housing and construction markets. The government (previous and current) has taken measures to address banking sector weaknesses but always a bit behind the curve.  Seven failing cajas (regional savings banks heavily exposed to real estate) were merged in 2010 to form Bankia making it Spain’s fourth largest bank. In May the bank was largely nationalized (costing the Spanish government around 20 billion Euros to date) and trading of its shares was suspended on May 25, 2012. Deposit insurance was established then raised. Government guarantees of senior bank bond holdings were introduced (October 2008).

As time passed, depositors have only become more concerned about the safety of their deposits. In an effort to finally get ahead of the curve, the authorities have increased the provisions required against weak and doubtful loans and other assets, and initiated third-party stress tests of its banks. The IMF’s recent Financial Sector Stability Assessment found Spain’s large internationally active banks to be well capitalized and able to absorb the new capital strengthening requirements. However, its former savings banks and some of its medium and small private sector banks are more vulnerable and will need capital injections from the government to cover insured or guaranteed deposits. Because of its own financing difficulties, the government of Spain has turned to the EU to backstop its ability to recapitalize (replace capital lost by or potentially lost by defaulting loans) those of its banks with inadequate capital. For this purpose the EU has committed 100 billion.

The Way Forward

Deposit runs on Spanish banks (including the drying up of wholesale funding) can be prevented only by convincing depositors that their money is safe, i.e. that their banks have sufficient capital to cover any losses. This requires honest accounting and full implementation of the indicated provisioning, and adequate capital; or creditable government guarantees.

For the future health of Spanish banks, it is important that Spain’s banking interventions preserve the intended discipline of excessive risk taking that results from imposing losses on shareholders and senior bond holders while honoring its commitments to protect depositors. Thus liquidity support should only be given to solvent banks. Nonperforming loans should be properly provisioned. Banks that are critically undercapitalized and are unable to raise their own capital to required levels within a reasonable period should be intervened. Intervened banks should be resolved according to the least cost principle (least cost to the tax payer). Shareholders and senior bondholders should be wiped out before government money is injected to cover other liabilities. Viable banks should be continued and sold to new owners within a reasonable period of time. Non-viable banks should be wound down (liquidated) paying off all insured or guaranteed depositors with the help of public funds as needed.

In requesting EU financial assistance, Spain is committed to abiding by EU rules on state aid to banks. However, emergency responses to a financial crisis much too often produce the foundation of moral hazard and excessive risk taking that creates the next crises delaying true and long-lasting resolution. More market discipline of risk taking needs to be reintroduced via a sound bank resolution policy. Spain will contribute to the future soundness and vitality of its banking sector and that of all of Europe if it adheres to the above principles as it “cleans up” its financial sector.


[1] The International Monetary Fund’s “Financial Sector Stability Assessment”  provides an excellent summary as of May 2012.

European Vacation Musings

Following a very enjoyable river cruise from Amsterdam to Budapest, and three days in Prague, Ito and I are now relaxing in Munich for three weeks before traveling on the Bob Mundell’s annual gathering of economists at his home near Siena, Italy.

This afternoon, while reading my first book on an iPad (my friend Michael Lind’s new history “Land of Promise: An Economic History of the United States”) in our hotel lobby, I was intrigued by overhearing the hotel manager discussing some repair work with two tradesmen in English. Obviously the workers were not German. After the manager left, I was further intrigued by the fact that the workers continued to convers with each other in English even though English was obviously not their first language. However, as is common in Europe, it was the common second language shared by them.

Several hours later a third worker joined the first two and all three conversed in English. I overcame my natural reserve and called out to one of them. “Excuse me. You are all speaking English to each but English is obviously not your first language. Where are you each from.” “I am Iranian,” the obvious leader of the group replied. “The electrician over there is from Spain, and our IT guy there is also from Iran.”

I love such things. It makes the world more interesting. But it has also made Germany, two Iranians and a Spaniard better off as well.

It reminds me of a conversation I had a few years ago in Dubai with an Arab citizen. Less than twenty percent of the residents of the United Arab Emerates (UAE) are Emeratis. Over 50% are Pakistanis, Indians, Filipinos, and Bangladeshis, whose second language is English. “Why is it,” I asked, “that you Arabs all speak such good English.” “We have to,” he replied in his pristine white thawb. “English is the language of international business and we are businessmen. In addition, it is the only way we can talk to the help.”

Virtual Life after Death

Hi from Munich,

A recent spam email from a dead colleague has caused me to reflect again on the awkwardness of our Internet existence (email addresses, Facebook and Linkedin profiles etc.) after our flesh and blood, biological one has ended. It is spooky when Linkedin suggests that I might want to connect to someone I know is dead. But the continuing messages to deceased friends on their Facebook page are a touching and sometimes disturbing feature of our evolving modern lives.

A long time but still young (early 40s) friend died well over a year ago at the end of what he had reported as so far very successful chemotherapy. I did not know his family and we did not share other friends who might have notified me of his death. So when he did not return my email and phone messages I eventually checked his Facebook page. As I read through the recent posts from friends it became clear that they were saying good-bye.

I checked it again today over a year later. He still lives there. Friends continue to post messages, one on Thanksgiving and several on his Birthday and one frequent poster for no particular reason at all. For most of them it is clearly a dialog with the dead and quite touching. But I am not sure about the frequent poster. Does he know that J is dead and just keeps talking to him, or does he not know and must wonder why J never replies. I could tell him, though I do not know him, but perhaps (if he doesn’t already know) he doesn’t want to know. I am not yet fully adjusted to the Internet world.

The weekend in Kabul

Friday is the “weekend” in Muslim countries. Thursday afternoons people (who have jobs) tend to leave early. This Thursday our IMF team scheduled no outside meetings in order to work in the Guesthouse on drafting our report. Around 2:00 pm I decided to stop fighting my drowsiness and take a short nap. As I was about to stretch out on my bed, I heard a loudspeaker announce: “Duck and cover, duck and cover. Stay away from windows” which was repeated several times. I was too sleeping not to nap but decided to lie down on the floor next to the bed so as to be out of sight of the window, which in any event has shatter proof glass.

I had invited Scott Brown, now with USAID here in Kabul, for dinner at the Guesthouse for Thursday evening. Scott and I had first met in Sarajevo, Bosnia and Herzegovina in 1996. We had both worked in Kosovo and Iraq as IMF staff as well. When the Canal Hotel (UN headquarters) in Baghdad was bombed in 2003, which started the deterioration of security in Iraq, Scott was seriously injured and largely lost the use of one of his arms. During dinner I mentioned the Duck and Cover announcement during the afternoon and he explained that it was the weekly practice drill at the U.S. Embassy (a few blocks away).

Today, Friday, is a beautiful sunny day. I was able to take an afternoon break from our work to sit out in the yard and smoke one of the Cuban cigars given to me by the Swiss National Bank (SNB) the previous week following a twenty year anniversary of the Swiss membership in the IMF and participation in its technical assistance program. The SNB’s first undertaking with IMF technical assistance was my mission to Kyrgyzstan and the National Bank of the Kyrgyz Republic in 1992. I was join for cigars by three other members of our team before we returned to the drafting of our report, suspending our work at midnight until tomorrow morning (good night).

A Nation of Riches

America is a rich nation, despite its many problems and challenges, many, such as war adventurism, the product of hubris born of our success. Many elements contribute to our riches, but overwhelmingly toping the list are the people who have come here to live in freedom and with the opportunity to achieve their ambitions with hard work and a bit of luck.  “Eternal vigilantes” is the price we must pay to preserve the institutions and attitudes that help defend our way of life from those who want to run them for us.

We are rich in many ways. We are rich in our neighborliness toward our fellow man (we are the largest charity givers in the world), born in part by our gratitude for the respect for our persons and property shown to us by our neighbors. We are rich in the diversity with which we are able to live and conduct our lives, within the domain of mutual self-respect.

Our fellow citizens have come from all over the world. They are self-selected by their desire to be free and to work hard. And they bring with them those elements of their cultures that have enriched their lives in their home countries.

I shared in and enjoyed some of that richness last night at a concert by the Washington Balalaika Society featuring Olga Orlovskaya (soprano) at a local Presbyterian Church. The WBS (www.balalaika.org) is dedicated to performing traditional Russian music with Russian folk instruments (Balalaika, dombra, bayan). Olga Orlovskaya is a great granddaughter of Fyodor Chaliapin, the greatest Russian opera singer of the 20th century. Of the dozens and dozens of concerts and plays to choice from in the Washington area last night (or most any night) my Russian friend Andrei Makarov convinced me to attend this one and what a treat it was. America is indeed a rich country.

The Hutchinson Lecture at the Universtiy of Delaware

Tuesday (April 17) I spent an enjoyable day in Newark, Delaware as the guest of the Economics Department of the University of Delaware. My afternoon, more technical, lecture to the graduate students and faculty covered my proposal for the reform of the international monetary system: http://works.bepress.com/warren_coats/25/

My evening lecture, this year’s Hutchinson Lecture, is reviewed here by the U. of Delaware newspaper (in which there is also a link providing background on the Hutchinson Lecture): http://www.udel.edu/udaily/2012/apr/HutchinsonLecture042012.html.

The War on Drugs

Like most of our elected wars, the war on drugs is producing more costs than benefits. In the United States, those drugs that were around for the last one to two hundred years have been legal at times and illegal at other times. There was no significant difference in the recorded use of these drugs when they were legal and when they were not (the data has to be rather sketchy, however). So there has been no measurable benefit.

The costs of outlawing drugs, however, have been enormous. The large expenditures on police, armies, courts, jails are nothing compared with the costs to society (on both sides of our Southern border) of creating the large criminal industry that grows, refines, transports, and markets these drugs and the lawlessness that accompanies it. Over the last thirty years 50,000 deaths have been attributed to drug related violence in Mexico alone. The Presidents of Colombia, Guatemala and Mexico are all now calling for a reconsideration of this war as an effective approach to dealing with the harm of some of these drugs.

http://www.washingtonpost.com/world/the_americas/latin-american-countries-pursue-alternatives-to-us-drug-war/2012/04/10/gIQAFPEe7S_story.html

As George Will puts it:  http://www.washingtonpost.com/opinions/should-the-us-legalize-hard-drugs/2012/04/11/gIQAX95QBT_story.html?wprss=rss_todays-opeds

Another good article in the Washington Post: http://www.washingtonpost.com/opinions/from-latin-america-a-new-strategy-in-the-war-on-drugs/2012/04/12/gIQAowenDT_story.html

Marijuana should be regulated like tobacco and cocaine and opium should be regulated like alcohol. We seem to be moving in the right direction on this issue but too slowly.

The Trayvon Martin Tragedy continues

The Trayvon Martin – George Zimmerman story has a way to run.  Every day seems to bring something new. Last week’s doctoring of audio tapes between Zimmerman and the 911 dispatcher aired by NBC (http://www.washingtonpost.com/blogs/erik-wemple/post/nbc-to-do-internal-investigation-on-zimmerman-segment/2012/03/31/gIQAc4HhnS_blog.html?hpid=z6 ) are now under internal investigation by NBC (a once reputable news source).

Yesterday David Franke passed along the following article by friend Walter Williams and his own observations that:

“Walter Williams is SO good!

“Right now we are witnessing the biggest lynch mob in the U.S. since the heyday of the Ku Klux Klan.  I refer to the mob out to lynch that “white” hispanic, Zimmerman.  This is a lynch mob made up of “black leaders” and MSNBC white-as-white-bread liberals.

“I have no idea whether Zimmerman is guilty or not, but I am willing to wait and let the police and courts and lawyers on both sides—and a jury, no doubt–go through the process of determining that.  And then, based on the evidence, I might venture whether I agree or disagree with the jury and the authorities.

“Not this lynch mob, however.  They KNOW who is guilty, and don’t confuse them with any facts or due process. “

http://www.lewrockwell.com/williams-w/w-williams117.html

The Trayvon Martin Tragedy

The shooting death of an unarmed black boy, Trayvon Martin, in the Florida town of Sanford, by a white Hispanic neighborhood watch volunteer, George Zimmerman, has raised many questions and issues. The positive side of this tragedy for me is that almost everyone wants to know the truth of what happened and to proceed from there. Moreover, our system of justice has procedures and mechanisms that maximize the prospects of uncovering and sorting out the truth from what is still a very confused mix of partial facts and assertions by interested parties (the friends and parents of Trayvon and of George).

When Trayvon’s death first rose to national attention, everyone’s initial reaction was colored by his or her personal biases (“priors”). If you are black, you initially and immediately accepted the outrage of Trayvon’s parents at the failure of the police to arrest the shooter of their unarmed son. If you are one of George’s friends you immediately accepted George’s claim of self-defense (the somewhat later revealed claim that he had been attached and beaten by Trayvon and fired in self-defense).

For most of the rest of us, the fact that Trayvon’s pictures depict him as a handsome, smiling, friendly youth (looking, as President Obama ill advisedly claimed, much like his own son would if he had one), while Zimmerman’s pictures depict him as, well, more or less the opposite, activated a bias toward beauty.  Because Russian President Putin (and even more so outgoing President Medvedev) is handsome and fit, we assume he must be a better guy than fat and ugly Nikita Khrushchev (I just reviewed Khrushchev’s picture for the first time in many years and he actually isn’t THAT ugly). Because Israel’s Prime Minister, Benjamin Netanyahu, is handsome and speaks excellent American English, we assume that he must be right and good for Israel (despite all the evident to the contrary).

These are natural biases. We shouldn’t pretend that they don’t exist. What is important is that we can move beyond them when faced with contrary evidence. As allegations from each side of the Stanford tragedy (everyone agrees that it was a tragedy) along with bits of actual evidence accumulate, what seemed clear in the beginning to each of us (depending on where we started – i.e., our biases) becomes less clear. Trayvon’s past is not spotless. Did Zimmerman have blood on his cloths from being beaten by Trayvon as he claims (a surveillance video when he was taken into custody suggests not)? Whose voice was it shouting on the 911 recording (not Zimmerman’s according to two unofficial expert analyses)? ETC. ETC. With the passage of time and the collection of and vetting of more facts, the truth should clarify and emerge.

The positive side of the sad story is that virtually everyone outside of the immediate families genuinely wants to know the truth of what really happened. Hometown power figures have always been more able to bend our rules and procedures of justice to their interests than others but not without limit. Those limits in many ways have grown tighter. In this case, a southern town is bending over backward (after a slow start) to be and to appear to be fair. I suspect it would have been different fifty or a hundred years ago. Public opinion (i.e., our priors –biases), an important foundation of our conception of justice, has changed for the better.

I have no doubt that we will eventually know the truth of that night as fully as it is possible to know it.

Extra-judicial killing

We think of autocratic or despotic regimes as those operating above the law or unconstrained by the rule of law.  It does not surprise us when people like Joseph Stalin, Saddam Hussein, or Colonel Gaddafi order the death of those they think threaten their rule.  In civilized, democratic countries we have legal restraints on the use of such power by our leaders. Laws define the processes by which the lives and liberties of those living in our countries may be arrested and jailed—the nature of the evidence needed—the requirements of an independent judiciary system to judge that evident—the right of self-defense, etc.

We would be shocked at the idea that the President of the United States could order the murder of an American citizen without any of the due process required by the law. Why then was there so little out cry when President Obama declared that he has the authority to order the murder (assassination) of American’s that he considers dangerous to our Republic. It is shocking and dangerous that this declaration did not bring millions of American’s into the streets in protest. The reason it did not, I believe, is not that 9/11 has turned us into cowards willing to give up important freedoms for more security. It is, rather, that our traditions of constitutional constraint on government, with its checks and balances and explicit protections of our private, individual rights, makes it difficult for us to imagine the serious abuse of power by our President and our government.

It is not that Presidents have not from time to time abused their power (see for example my review of Arthur Burns’ Secret Diary about Richard Nixon: http://www.compasscayman.com/cfr/2011/07/19/Inside-the-Nixon-Administration–The-Secret-Diary-of-Arthur-Burns,-1969-1974/). However, such abuses have never taken root and become acceptable. Therefore we don’t really take seriously that the President would abuse the new right he is claiming in the interests of our security. Today’s quiet acceptance of his declaration of the right to murder dangerous Americans is thus almost (almost) understandable. It is unimaginable that the President would use such power in any way other than its intended purpose.  But such faith is naive and dangerous. The relaxation of due process today, makes easier further erosion in the future. The weakening of our liberties, which reside in restraining our government as much as our neighbors, is a slippery slope. Presidents do not easily abuse powers they don’t have and can learn to abuse those they do have.

Attorney General Eric Holder attempted to justify these extraordinary powers in a speech at the Northwestern University law school earlier this month. As reported by Congressman Ron Paul:

“Attorney General Holder bluntly explained that this administration believes it has the authority to use lethal force against Americans if the President determines them to be a threat to the nation. He tells us that this is not a violation of the due process requirements of our Constitution because the President himself embodies ‘due process’ as he unilaterally determines who is to be targeted. As Holder said, ‘a careful and thorough executive branch review of the facts in a case amounts to ‘due process.’’ That means that the administration believes it is the President himself who is to be the judge, jury, and executioner.

“As George Washington University Law Professor Jonathan Turley wrote of the Holder speech:

“’All the Administration has said is that they closely and faithfully follow their own guidelines — even if their decisions are not subject to judicial review. The fact that they say those guidelines are based on notions of due process is meaningless. They are not a constitutional process of review.’”

“It is particularly bizarre to hear the logic of the administration claiming the right to target its citizens according to some secret selection process, when we justified our attacks against Iraq and Libya because their leaders supposedly were targeting their own citizens! We also now plan a covert war against Syria for the same reason.

“I should make it perfectly clear that I believe any individual who is engaging in violence against this country or its citizens should be brought to justice. But as Attorney General Holder himself points out in the same speech, our civilian courts have a very good track record of trying and convicting individuals involved with terrorism against the United States. Our civilian court system, with the guarantee of real due process, judicial review, and a fair trial, is our strength, not a weakness. It is not an impediment to be sidestepped in the push for convictions or assassinations, but rather a process that guarantees that fundamental right to be considered innocent until proven guilty in a court of law….

“Sadly, many conservative leaders were silent when Republican President George W. Bush laid the groundwork for this administration’s lawlessness with the PATRIOT Act, warrantless wiretapping, indefinite detention without trial, and other violations. Similarly, as Professor Turley points out, ‘Democrats previously demanded the ‘torture memos’ of the Bush administration that revealed poor legal analysis by Judge Jay Bybee and Professor John Yoo to justify torture. Now, however, Democrats are largely silent in the face of a president claiming the right to unilaterally kill citizens.’ The misuse of and disregard for our Constitution for partisan political gain is likely one reason the American public holds Congress in such low esteem. Now the stakes are much higher. Congress and the people should finally wake up!”