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Senator Mike Lee: Thank you very much. I’d like to take a step back for a minute and step in a slightly different direction from the fiscal cliff and talk about the long term and medium term economic realities that we face.

Mr Zandi, in your written testimony to this committee you warned against kicking the can down the road indefinitely because of the adverse effect that might have on the economy, the medium and long term impact that might have, and I thought your analysis was definitely something we need to pay attention to on this point.

As you observed that any failure to make progress in this area now could signal that we’ve got bigger troubles ahead, and as you pointed out the Moody’s analytics model that you use breaks down in about 2028 and the reason it does that is because at that point the interest on our ballooning national debt will start to swamp and cripple our economy, thwarting our ability to fund everything from defense and entitlements and everything in between, and we’ll be left without much recourse. At that moment I’m not sure there’s a tax increase on the planet that can suddenly fix that. I’m not sure we can print money fast enough to fix that and if we did we would go the way of Argentina and other countries that have tried that and that doesn’t ever end except in blood and tears.

I tend to think of this medium and long-term risk as the fiscal avalanche. The cliff is something we can see now, we’re approaching where it is based on our current location, our direction and our velocity we know we’re going to hit the cliff if we’re going to hit it. But the avalanche is different. I come from a mountainous state where avalanches happen all the time. The only thing you know about avalanches – you know when the conditions are present, when they might occur.  You know when the snow pack has built up to the point where it could happen. You don’t know exactly when it’s going to happen, you just know it’s coming. And you try to deal with the risk of it, but once it hits you the avalanche becomes completely impossible to control. Do you agree with this characterization about the avalanche and could you sort of elaborate to us about that kind of threat?

Dr. Mark Zandi: Would you mind if I steal that from you? And I’ll give you credit…

Lee: That’d be great. It’s not copyrighted.

Zandi: … but I love that imagery and the metaphor – I think it’s right. I do think that that’s why what you’re doing now is so important. I really think this is a once in a generation opportunity for you to nail these things down, and we’re not that far apart. I really don’t think we are. So if you’re able to put us on a credible fiscal path to sustainable responsibility, roughly get to my 3 trillion dollars, do it in a roughly balanced way, I think we’re golden. I really do. And we’re going to avoid that avalanche. But if we don’t do that, if we kind of kick the can down the road, then ultimately I think we’re never really going to do it until we’re forced by that avalanche.

Lee: How soon would we need to do that in order to avoid the conditions that would lead to the avalanche? How soon would we need to get to balance?

Zandi: I don’t know the answer to that but I do know and that’s why I put it into the testimony – my model breaks down. Of course it’s going to happen long before that point.

Lee: Right. And we’re not going to get to that point. We’re not going to get anywhere close to 2028 without it happening. In fact, it could happen within the next 4, 5, 6 years, certainly the next 10 years, couldn’t it if yield rates start to jump.

Zandi: Certainly. Here’s the thing. The problem is that if we don’t address this and we kick the can, we’re going to be stuck in this slow growth netherworld going forward and most importantly, we’re going to get nailed by something. You know? I don’t know what it is, but something bad is going to happen, and when that bad thing happens that’s going to be the thing that sets off that avalanche, right?

Lee: You mean a credit downgrade … ?

Zandi: No, no no it’s going to be something that we’re not even contemplating that happens in the world to oil prices, to other geopolitical ?? even to our own economy you know it’s just … we don’t know what that will be but it will happen. And we will have set ourselves up for that avalanche because we didn’t get our fundamentals in the right place. That’s’ why it’s so important to get this right, right now.

Lee: What about a credit downgrade? If that were to happen, doesn’t that call into question all kinds of things like money market funds and other types of investment funds are chartered to invest only in a certain grade of funds and if all of a sudden U.S. treasuries were downgraded wouldn’t that have a pretty significant effect on where we are relative to the avalanche?

Zandi: If there is downgrade to treasury debt, this will likely trigger other downgrades. Anything that’s backstopped by the government will be downgraded. Fannie Mae/Freddie Mac debt. Federal home owned bank debt, too big to fail banks … they’re still implicitly backstopped – they’ll get downgraded. JP Morgan, Citi’s of the world. State and local government debt will get downgraded. And you’re right. Money managers have, in their relationships with their clients, agreements not to invest in bonds that have ratings below a certain grade, and they will divest themselves because of the downgrades, and this will cause problems in the credit markets.  The credit markets will ultimately adjust because the reality of what’s happened to the value of these bonds has not changed, the economics have not changed for Fannie Mae and Freddie Mac, so you’ll see hedge funds and private equity firms and other players come in, but that’s a process. And it’ll take time, and between now and then it’ll create a great deal of turmoil. The most important thing isn’t what the credit rating agencies do or say, it’s what this means. It means we do not have the political will to nail this thing down. And we won’t until we’re forced by that avalanche. And people will recognize that and we will go nowhere.

Lee: So what you’re saying is if we want to preserve entitlements, get us to balance. If you want to preserve our ability to fund national defense, get us to balance.

Zandi: Get us to sustainability.

Because neither the AUMF nor any other law enacted before the 2012 NDAA expressly authorized the detention of Americans apprehended on U.S. soil, and the NDAA cannot be construed to provide the President additional authority with respect to detaining those persons, the Feinstein-Lee amendment accomplishes its purpose and will prohibit detention of Americans apprehended on U.S. soil
This week Senator Lee has taken several opportunities to discuss the fiscal cliff and his stance on tax increases with the press.

Nov 15 2012

Benghazi Update

Statements from the Obama administration reported in the press over the past few days regarding Benghazi and the continued investigation there have left lingering questions for the White House. I have submitted my own questions and had the opportunity to be briefed by intelligence officials in the Senate on Tuesday.
The American people have a right to know the truth and the President has a responsibility to provide answers about the Benghazi terrorist attack on our consulate.
As with every piece of legislation that comes across my desk, I read the UNCRPD with a fine-tooth comb, analyzed it with my staff and my senate colleagues and found these five major concerns that give me great pause before allowing it’s passage into law. The Senate Foreign Relations committee convened just once to discuss the treaty and these concerns were not addressed, and while I am pleased that some of my colleagues are comfortable with it, I am not.
Senator Mike Lee and the Utah League of Cities and Towns hosted the first annual "Constitution Bowl" on Friday, September 14, testing the knowledge of teams from four local high schools on topics related to the U.S. Constitution and government. The event was held in honor of the 225th Anniversary of the U.S. Constitution and to get students talking about the country’s founding document.
Today, Americans celebrate the 225th Anniversary of the signing of the Constitution – that enduring document that guarantees the right to life, liberty and the pursuit of happiness that our Founders envisioned at the birth of our nation.
First and foremost, our thoughts and prayers are with the families and colleagues of Ambassador Chris Stevens and the three other Americans killed in Libya.  The events and tragedies over the last 48 hours in Egypt and Libya remind us that the values we hold dear in America are constant targets in the most dangerous parts of the world.

The Administration’s response has been a mixed message to the world.  At a time when Americans are outraged at the killing of four American citizens, including our chief diplomat in Libya, as well as the destruction of our consulate there, the President appears more concerned with offending the protesters.  His statements have scantly mentioned the need to bring the perpetrators to justice.  And he has not yet given any indication that he is using what leverage he has to demand the full cooperation of Libyan officials to investigate the killings.

More broadly, we must also evaluate the value of our presence in Libya.  After the fall of Qadafi, Americans were right to assume we would have a friend in the newly liberated country.  But progress has been difficult.  There is not yet a fully functional government in Libya.  On July 7, 2012, Libyan voters chose 200 members of a General National Congress (GNC) in the country’s first nationwide election in 30 years. The GNC is now charged with overseeing national government affairs, appointing a new cabinet, and determining the method for drafting a new constitution.  But as we are now painfully aware, whatever form this new government takes, it is not yet capable of protecting our embassy and consulates.  

We should close the consulate in Benghazi and vacate the premises.  America has a clear history on this front. The U.S.withdrew its last Ambassador to Libya in 1972;  a few years later, all remaining U.S. government personnel were withdrawn and the consulate was shut down after a mob attacked and set fire to it on December 2, 1979.  In that incident no one was killed, yet the American response was swift and firm.  A diplomatic presence in Libya was not restored until 2004.Only after the Libyan government has demonstrated the ability to ensure the safety of American diplomats should we reopen a U.S. consulate.  

We also have significant leverage through the funding Libya now receives from the U.S. As of August 2012, the United States government has provided more than $200 million in assistance to Libya since the beginning of the uprising in 2011. If Libya is unwilling to lend its full cooperation to finding the criminals who took American lives, we should cut some or all of the funding Libya receives.

Finally, it is important to remember that a consulate is a diplomatic and policy center, not a military base.  Apart from protecting and removing American citizens, there is no reason to put Marines there.  Absent a defined purpose, time period, and desired result, the United States should not engage in military operations in Libya.   

Libya has the potential to be a great American ally and an advocate of democracy and freedom in the region.  The United States will stand ready to support Libya if these are its aims, but not until it has shown this is the path it will pursue.
WASHINGTON, DC – Today, Senator Lee made the following statement regarding the recent settlement of an antitrust dispute between a group of retailers and credit card companies.
 
Consumers benefit when free market forces are allowed to determine prices.  As a result, lawmakers shouldn't interfere with those competitive forces.  Existing antitrust remedies are generally sufficient to address particular instances of anticompetitive conduct and restore competitive balance.  I believe the government ought not be in the business of picking winners and losers in the marketplace, especially since legislation addressing specific allegations of anticompetitive behavior can result in broad and unintended negative consequences.
 
These principles apply to the market for credit cards, including the market for the interchange fees that retailers pay credit card companies and banks for the use of those cards.  Last week’s settlement agreement between Visa and MasterCard on the one hand, and retailers on the other, demonstrates the adequacy of existing antitrust law to remedy alleged anticompetitive behavior.  This settlement was negotiated in an effort to restore competitive market balance and will allow credit card companies and retailers to get back to work serving consumers.