Too Big to Fail [237]
Even in its panicked state, Goldman was still Goldman, and Dimon didn’t want a war. Within half an hour he had Steve Black and Bill Winters, co–chief executives of JP Morgan’s investment bank, send out a companywide e-mail:
We do not want anyone at JP Morgan capitalizing on the irrational behavior that’s going on in the market toward some of the U.S. broker-dealers. We are operating as business as usual with Morgan Stanley and Goldman Sachs as counterparties. While they are both formidable competitors, during this period, we do not want anyone approaching their clients or employees in a predatory way. We want to do everything possible to remain supportive of their business and not do anything that would impact them negatively.
We do not believe anyone has engaged in any inappropriate behavior, but we want to underscore how important it is to be constructive during this time. What is happening to the broker-dealer model is not rational, and not good for JP Morgan, the global financial system or the country.
Around midday, Hank Paulson reviewed the latest term sheet that his staff had drafted overnight on the issue of dealing with toxic assets, hoping it would be acceptable to present to Congress. His inner circle had assembled in his office, pulling up chairs around a corner sofa.
“It looks much better,” he said, turning the pages. “It’s very simple.” He paused and scanned the bleary-eyed faces in the room. “I want to reiterate that we have to get this up to the Hill quickly,” he said. “We need to keep this simple, very simple. And we have to do it in a way that we encourage, ah, banks and financial institutions to want to participate. We don’t want to have punitive measures with this. This is about recapitalizing our banks and financial institutions setting a price for assets.”
There was just one more issue to deal with, perhaps the most important of all: the price tag.
While the toxic-asset program made sense in theory, for it actually to work, for it to be effective, Paulson knew they’d need to buy large swaths of toxic securities from the nation’s largest banks. The cost was going to be enormous, and it would be perceived, both within and outside of the Washington Beltway, as another bailout.
Paulson looked to Kashkari, who sat on the sofa to his left, for guidance.
The key concern at that moment was whether spending so much money would require them to have to ask Congress to increase the debt ceiling—a political flashpoint that would require Congress to vote to raise the amount of debt the country could take on. It had just increased that amount to $10.615 trillion in July.
As the group discussed the outlines of the proposed legislation, Kashkari’s view was that they ought to try to skirt the issue entirely. “I don’t know if that’s workable, not having a reference to the debt ceiling. Or why don’t we just say it’s not subject to a debt ceiling?”
“You can’t do that,” Paulson pointed out and then added, “I don’t want to go for the debt ceiling and fail. That’s the issue, and then people start focusing on it.”
“I did the analysis,” Phillip Swagel offered, reading from his notes. He had determined that they would need only $500 billion, but only if the situation didn’t grow any worse.
To Paulson, who thought of himself as fiscally conservative, the answer was obvious. “Okay, so I think the responsible thing is to go for the debt ceiling,” he said, instructing Kevin I. Fromer, assistant secretary for legislative affairs, whose job it was to work the Hill, to construct some new language.
“You can go after it but you don’t have to put it in this document,” Fromer replied, resisting Paulson’s request. “We never go up and propose legislation to do the debt ceiling. We just simply arrive at the fact that we have to do it and literally tell Congress they have to do it. They do it because they’re too scared not to do it. It’s just a question of optics.”
They decided that, for the time being, they wouldn’t mention the debt ceiling in the document itself but would address it later, ideally when Congress had already