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	<title>Frontline Financials &#187; Bank of America</title>
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		<title>You Can&#8217;t Handle the Truth!</title>
		<link>http://frontlinefinancials.com/2009/07/17/you-cant-handle-the-truth/</link>
		<comments>http://frontlinefinancials.com/2009/07/17/you-cant-handle-the-truth/#comments</comments>
		<pubDate>Fri, 17 Jul 2009 13:44:12 +0000</pubDate>
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				<category><![CDATA[Full Discussion]]></category>
		<category><![CDATA[Bank of America]]></category>
		<category><![CDATA[Ben Bernanke]]></category>
		<category><![CDATA[Federal Reserve]]></category>
		<category><![CDATA[Henry Paulson]]></category>
		<category><![CDATA[MAC]]></category>
		<category><![CDATA[Material Adverse Change]]></category>
		<category><![CDATA[Merrill Lynch]]></category>
		<category><![CDATA[systemic risk]]></category>
		<category><![CDATA[US Treasury]]></category>

		<guid isPermaLink="false">http://frontlinefinancials.com/?p=87</guid>
		<description><![CDATA[Summed up in two sentences:  "Mr. Paulson, did you order the code red?!"  "You're Goddamn right I did!"
]]></description>
			<content:encoded><![CDATA[<p>Whether or not you&#8217;ve kept up with the Bank of America/Merril Lynch saga, there&#8217;s a somewhat funny, somewhat eerie, and mostly frighteningly true parallel between Jack Nicholson&#8217;s famous &#8220;You want me on that wall&#8221; speech in A Few Good Men and Hank Paulsen&#8217;s recent testimony to congress.  He was questione specifically about the government&#8217;s role in Bank of America&#8217;s purchase of Merrill Lynch at the height of the financial panic.  For your thought and enjoyment, below are the movie quotation and a few excerpts from Paulson&#8217;s recent testimony. </p>
<p> Let&#8217;s be honest, Hank Paulson may have screwed over BofA shareholders in the very short term and put the taxpayer on the hook for a pretty big loan, but it&#8217;s my belief, as I&#8217;ve said here before, that without this massive intervention we&#8217;d be in a financial nuclear winter.  Not only would Merrill have gone out of business, but BofA and consequently the entire system would have failed.</p>
<p>Kaffee: *Colonel Jessep, did you order the Code Red?*<br />
Judge Randolph: You *don’t* have to answer that question!<br />
Col. Jessep: I&#8217;ll answer the question!<br />
[to Kaffee]<br />
Col. Jessep: You want answers?<br />
Kaffee: I think I&#8217;m entitled.<br />
Col. Jessep: *You want answers?*<br />
Kaffee: *I want the truth!*<br />
Col. Jessep: *You can’t handle the truth!*<br />
[pauses]<br />
Col. Jessep: Son, we live in a world that has walls, and those walls have to be guarded by men with guns. Whose gonna do it? You? You, Lt. Weinburg? I have a greater responsibility than you could possibly fathom. You weep for Santiago, and you curse the marines. You have that luxury. You have the luxury of not knowing what I know. That Santiago&#8217;s death, while tragic, probably saved lives. And my existence, while grotesque and incomprehensible to you, saves lives. You don&#8217;t want the truth because deep down in places you don&#8217;t talk about at parties, you want me on that wall, you need me on that wall. We use words like honor, code, loyalty. We use these words as the backbone of a life spent defending something. You use them as a punchline. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the blanket of the very freedom that I provide, and then questions the manner in which I provide it. I would rather you just said thank you, and went on your way, Otherwise, I suggest you pick up a weapon, and stand a post. Either way, I don&#8217;t give a damn what you think you are entitled to.<br />
Kaffee: Did you order the Code Red?<br />
Col. Jessep: I did the job I&#8230;<br />
Kaffee: *Did you order the Code Red?*<br />
Col. Jessep: *You’re Goddamned right I did!*</p>
<p>Tom Cruise = Chairman Towns?  I don&#8217;t think it&#8217;s much of a stretch. </p>
<p>And from Mr. Paulson</p>
<p>&#8220;During my tenure, the world experienced a financial crisis unprecedented in our lifetimes. The crisis presented a relentless series of novel challenges that required swift, innovative, and dramatic responses. I am proud to have been among the many public servants—in the Congress and at Treasury, the Federal Reserve, the FDIC, the OCC, and other agencies of the government—who came together to confront these challenges and to prevent a far more damaging meltdown of our financial system.&#8221;</p>
<p>&#8230;&#8221;Our financial system underpins our modern economy; commerce today requires a string of payments, whether that string of payments is for delivering a gallon of milk from farm to consumer or for delivering a new product from idea to production. And that string of payments depends on trust. Our financial system works because consumers and investors have confidence in the strength of financial institutions. Last fall, that confidence was largely gone&#8230;&#8221;</p>
<p>&#8230;&#8221;Fortunately, the most dire of consequences were averted. I am proud that, along with many others, I brought what experience, talent, and efforts I could to right our nation’s course.&#8221;</p>
<p>&#8230;&#8221;having had the benefit of some time to reflect, and to consider views expressed by others, I am confident that our responses were substantially correct and that they saved this nation from great peril.&#8221;</p>
<p>&#8230;&#8221;Moreover, all public officials involved, including Mr. Bernanke and me, believed that the failure to consummate the merger would likely create immediate financial market instability, would threaten the viability of both firms, and would call into serious question the judgment of Bank of America’s leadership.&#8221;</p>
<p>And finally, &#8220;I explained to [Bank of America's CEO, Ken Lewis] that the government was supportive of Bank of America, but that it felt very strongly that if Bank of America exercised the MAC clause, such an action would show a colossal lack of judgment and would jeopardize Bank of America, Merrill Lynch, and the financial system. I further explained to him that, under such circumstances, the Federal Reserve could exercise its authority to remove management and the board of Bank of America. By referring to the Federal Reserve’s supervisory powers, I intended to deliver a strong message reinforcing the view that had been consistently expressed by the Federal Reserve, as Bank of America’s regulator, and shared by the Treasury, that it would be unthinkable for Bank of America to take this destructive action for which there was no reasonable legal basis and which would show a lack of judgment.&#8221;</p>
<p>Summed up in two sentences:  &#8220;Mr. Paulson, did you order the code red?!&#8221;  &#8220;You&#8217;re Goddamn right I did!&#8221;</p>
<p> </p>
<p>(Find Mr. Paulson&#8217;s full testimony <a href="http://oversight.house.gov/documents/20090715180923.pdf">here</a>)</p>
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