DoJ now probing S&P over mortgage-bond ratings
posted at 10:50 am on August 18, 2011 by Ed Morrissey
S&P bond ratings have been in the news of late, haven’t they? The rating agency downgrade of American sovereign debt embarrassed the White House and touched off a firestorm of controversy across the political spectrum. Now, just coincidentally, the Department of Justice has decided to launch an investigation of S&P over the ratings it gave mortgage-backed securities during the lending bubble:
The Justice Department is investigating whether the nation’s largest credit ratings agency, Standard & Poor’s, improperly rated dozens of mortgage securities in the years leading up to the financial crisis, according to two people interviewed by the government and another briefed on such interviews.
The investigation began before Standard & Poor’s cut the United States’ AAA credit rating this month, but it is likely to add fuel to the political firestorm that has surrounded that action. Lawmakers and some administration officials have since questioned the agency’s secretive process, its credibility and the competence of its analysts, claiming to have found an error in its debt calculations.
Did the investigation begin before the downgrade? The DoJ leak to the New York Times — a friendly venue for the Obama administration — certainly took place afterward. The “error in its debt calculations” came as part of the downgrade itself, so if that’s part of the rationale, then it doesn’t sound like this was a long-standing investigation.
For that matter, S&P was hardly the only agency to rate Fannie and Freddie’s MBSs as AAA. Are we probing agencies that didn’t downgrade US sovereign debt on Obama’s watch?
It is unclear if the Justice Department investigation involves the other two ratings agencies, Moody’s and Fitch, or only S.& P.
Unclear? Did the Times bother to ask its two sources the question? If a probe is being launched on bond ratings without any political motivations, then it should involve all ratings agencies, something two sources with knowledge of S&P’s being a target should know one way or the other.
Probing the bond raters over the AAA rating for Fannie and Freddie MBSs is the height of hypocrisy. Congress mandated that the two GSEs securitize their mortgage portfolios so that they could generate more cash to buy up increasingly bad paper. It was the US government’s relationship to Fannie and Freddie, and especially the MBSs, that made the ratings agencies believe that the US would back the bonds. And let’s not forget that they turned out to be right, as Congress and the Bush administration ended up bailing out everyone who bet on those MBSs.
In fact, this is the same administration who has not lifted one finger in fixing the central problem of those AAA ratings, which is the connection of Fannie and Freddie to the government. And let’s also not forget that this administration has the FHA doing the exact same thing – buying up marginal loans and securitizing them through MBSs. Should S&P rate those as junk bonds? (Yes.)
This is nothing more than a political vendetta, dressed up in populist outrage.









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Ed, change the picture to one of Captain Renault from Casablanca because I’m shocked, SHOCKED, to find there is a DOJ investigation of S+P going on.
teke184 on August 18, 2011 at 10:52 AM
Oh. Good. Gawd.
*rolls eyes*
annoyinglittletwerp on August 18, 2011 at 10:52 AM
Thugocracy….
d1carter on August 18, 2011 at 10:54 AM
Just some more Chicago thug tactics from this Administration…
sandee on August 18, 2011 at 10:55 AM
When will he investigate all the hate crimes in big cities?
artist on August 18, 2011 at 10:56 AM
Predictable.
Mangy Scot on August 18, 2011 at 10:56 AM
This is the same “Justice Dept” who won’t give a straight answer about Fast & Furious
Eric Holder is a criminal
KMC1 on August 18, 2011 at 10:57 AM
Eric Holder in an orange jumpsuit. Nothing less.
CurtZHP on August 18, 2011 at 10:58 AM
Except in this case, where the entire world expected Obambi to use every executive agency to punish S&P. Any bets on when the IRS will announce an audit of all S&P tax returns?
rmgraha on August 18, 2011 at 10:58 AM
This is no joke. This is serious criminal intimidation by Obama’s DOJ.
If the investigation began after the downgrade, this is Stalinesque.
faraway on August 18, 2011 at 10:59 AM
The Chicago way
cmsinaz on August 18, 2011 at 10:59 AM
Bonds were rated high because the Gov’t guaranteed them, now they too must get the obama downgrade.
tim c on August 18, 2011 at 10:59 AM
Threats, scare tactics, investigations. Is this truly what the left calls freedom and Democracy? Either I’m in a nightmare from which I can’t wake up, or they’re all total morons.
capejasmine on August 18, 2011 at 11:00 AM
Unless the investigation began before the S&P negative outlook call in April, no. Given the investigation picked up steam in “early summer”, I somehow doubt that it started before April.
Steve Eggleston on August 18, 2011 at 11:00 AM
This is no longer the Justice Department, it’s the Injustice Department. They’ve done too many thing recently that reeks of injustice.
sadatoni on August 18, 2011 at 11:00 AM
These tactics have been going on since Obama’s campaign. He wanted the DOJ to investigate anyone who questioned his motives or past. That was just a prelude of things to come.
Holder should be investigating the racist black on white attacks and flash mobs happening in Philadelphia, Wisconsin, Chicago and elsewhere.
BTW, anyone heard from our two infamous race baiters? Jackson and Sharpton?
iamsaved on August 18, 2011 at 11:00 AM
Our President is acting more and more like a dictator every single day. The worst part is, since our media is too busy slobbering all over him, it mostly goes unreported.
search4truth on August 18, 2011 at 11:01 AM
At least Nixon attempted to keep his enemy list secret. Obama’s crew is quite public about abusing power to settle polictal scores. Is this the new transparency promised during his campaign?
mugged on August 18, 2011 at 11:03 AM
If Holder ordered this — and who else would? — there’s no doubt that Osama Obama is consciously pulling the strings. His remarks after the downgrade he earned certainly suggest that.
This is the kind of thing our Constitution and laws were written to prevent. It is what one normally expect from a thug like Hugo Chavez or a Stalinesque totalitarian regime.
In short, it is yet another case that demands investigation, indictment, trials and imprisonment for those involved. And, of course, impeachment.
“Oh, gosh,” says Hot Air. “This isn’t nice at all….”
MrScribbler on August 18, 2011 at 11:04 AM
Charlie Sheen also wants some drug-sniffing dogs investigated, to see if they were bribed with dog treats. What other explanation could there be for the dogs fingering him?
RBMN on August 18, 2011 at 11:04 AM
I can think of many many things the DOJ should be investigating but this is not one of them.
Chicago politics. This whole administration should disappear like Rezko.
ORconservative on August 18, 2011 at 11:05 AM
Well, since the DOJ isn’t investigating the New Black Panther Party, it has plenty of time to take on new projects.
bw222 on August 18, 2011 at 11:05 AM
This is exactly how corporatism works: Protection rackets and thuggery at the highest levels of government, funded by the taxpayer’s dime. Everything within the state, nothing outside the state, nothing against the state. It’s the Chicago way.
Blacklake on August 18, 2011 at 11:06 AM
What the hell did anyone expect from the man who kidnapped a little boy in Florida?
Limerick on August 18, 2011 at 11:08 AM
I eagerly await DOJ investigations into the Freddie and Fannie and the government fat-cats who ran them.
gwelf on August 18, 2011 at 11:09 AM
Just think what kind of thuggery is going to take place before the Nov 2012 election…
d1carter on August 18, 2011 at 11:09 AM
Department of “Justice”. Hahahahahaha!!!!!!!!!
Of course there’s no “political motivation here”. Hahahahahha!!
Where’s the “moral outrage” of the left for the politicization of the DOJ? Evidently it’s just more of the nuanced moral code of leftists.
What most of us refer to as hypocrisy.
GarandFan on August 18, 2011 at 11:09 AM
Very good point. The boys and girls at S&P didn’t just wake up one day and randomly decide “Let’s downgrade this biatch!”.
strictnein on August 18, 2011 at 11:09 AM
So, how is downgrading the rating on these mortgage bonds going to do anything but hurt the taxpayer?
If I’m missing something here, please enlighten me…
Seems like arguing with a cop, just because there’s a camera present…
OnlyOrange on August 18, 2011 at 11:10 AM
The petulant president.
kingsjester on August 18, 2011 at 11:11 AM
Indeed. BO was waaaay out front criticizing the Cambridge police, but he’s nowhere to be found when blacks are beating up whites as it erupts around the country.
Calypso Louie’s audio slandering the US military is making the rounds. Not only does it qualify as hate speech (nothing new for him) but it could be considered as inciting violence.
How bad will things have to become before BO says something? He probably never will.
Cody1991 on August 18, 2011 at 11:12 AM
Obama really isn’t a socialist. He’s a fascist. The problem with socialism from the statists point of view is that if the government controls everything the government gets blamed for everything. Much better to pull all the levers while still having a scape-goat.
gwelf on August 18, 2011 at 11:12 AM
I remember when overt, in-your-face abuse of power was cause for jail…but then we had the Clinton years and the democrat exception to the laws…Now we have BoBo
JIMV on August 18, 2011 at 11:12 AM
Yet we still know nothing about Barack’s time at Harvard.
SouthernGent on August 18, 2011 at 11:13 AM
To avoid repeat of such investigations in the future, all credit ratings should be directed by a central committee. The government can perfectly well assess it’s own credit worth. “Napoleon is always right.”
Kenosha Kid on August 18, 2011 at 11:13 AM
I can’t believe you guys are just making up these scandals!
-crr6
Bush fired some lawyers at DOJ!?! Travesty of justice!!1!!!!1
-crr6
gwelf on August 18, 2011 at 11:13 AM
If the DOJ wants an investigation regarding the mortgage market, it should start with Chris Dodd and Barney Frwank.
bw222 on August 18, 2011 at 11:16 AM
Almost makes me miss Butch Reno – NOT!
Mangy Scot on August 18, 2011 at 11:16 AM
I wonder how many administration folks sent out sell orders last night knowing Eric was going to hit on the stock market today.
Limerick on August 18, 2011 at 11:16 AM
Let’s hold S&P to a different standard than the New Black Panthers…
Just fabulous…
I can see November 2012 from my house…
Khun Joe on August 18, 2011 at 11:20 AM
Obama/Holder = Nixon/Mitchell
cartooner on August 18, 2011 at 11:21 AM
This isn’t really about the investigation, it’s about the message being sent: Make PBHO look bad and you WILL get unwanted attention from the long arm of the feds. Jeebus, how did we come to this?
Bishop on August 18, 2011 at 11:23 AM
This is sounding less like a justice department and more like a just us department
ConservativePartyNow on August 18, 2011 at 11:27 AM
That’s a nice NRSRO you’ve got there. It’d be a shame if something happened to it.
Caiwyn on August 18, 2011 at 11:27 AM
They were too busy writing the bill that
f*ckedfixed the banking industry.lorien1973 on August 18, 2011 at 11:28 AM
Good for S&P- seriously.
I cant wait to see documents, within discovery if it goes full investigation, as to how Barney Frank and his cronies pressured mortgage companies to offer ridiculius low mortgages, with and without ARM’s.
S&P makes ratings, based on what they have, not what they think they should have for valuation. Its all there, however I am sure the DOJ will magically “lose” and/or black out segments for “security reasons”…
Of course you cant say “mortgage-backed” without saying “Goldman Sachs”
This should be fun. The dumbest AG in history, leading a corrupt DOJ to go after a private British entity
Odie1941 on August 18, 2011 at 11:28 AM
Cartooner, please don’t insult Nixon and Mitchell.
WannabeAnglican on August 18, 2011 at 11:30 AM
Comment of the Day™
Steve Eggleston on August 18, 2011 at 11:30 AM
This whole crew makes the Grant administration look like a bunch of petty shoplifters.
Limerick on August 18, 2011 at 11:31 AM
Bishop on August 18, 2011 at 11:23 AM
Because 52% of the voting public made a huge mistake by voting in an Alinky-following socialist.
kingsjester on August 18, 2011 at 11:33 AM
Holder in a perp walk, hands cuffed, raincoat over his head.
Mason on August 18, 2011 at 11:34 AM
Won’t the government just make Fannie & Freddie private entities like they did the U.S. Postal Service. You know that stand alone business that gets large infusions of taxpayer funding because they can’t break even? Crazy world.
Cindy Munford on August 18, 2011 at 11:35 AM
This is similar to Bill Clinton’s siccing the IRS on Paula Jones (who had income of around $20,000 – $25,000 per year) when she sued him for sexual harrassment.
molonlabe28 on August 18, 2011 at 11:48 AM
Of course it’s not a joke, but what can we do about it? Complain to our congressmen? For me that would be Obama-a$$-kisser Donnelly, senile RINO Lugar and squishy Republican Coats. Without the “watchdog” media on this there is no there there. If Fast and Furious can’t get any traction with the media, how will this? We scream at the top of our lungs “elections matter” but who’s listening?
Extrafishy on August 18, 2011 at 12:00 PM
It sure looks like Chicago thug-politics, but it is true that there have been investigations of at least S&P and Moody’s going on for a long time. The FBI started that in the months immediately after the meltdown, but never announced any conclusion.
Congressional investigations of the agencies also finally concluded only this year: Credit Ratings Agencies a ‘Key Cause’ of the Financial Crisis: Senate Report
The real bombshell here could be any evidence that the agencies have retained that show pressure by Frank or Dodd or others in Congress, or lobbyists for Fannie and Freddie, who are among the most fabulously funded and active in DC.
slickwillie2001 on August 18, 2011 at 12:02 PM
No. A rail, some black goo, and barrel of goose down.
Bishop on August 18, 2011 at 12:04 PM
Sandy Berger has already been summoned to “take care” of such a bombshell.
Del Dolemonte on August 18, 2011 at 12:05 PM
Shouldn’t they be busying themselves investigating the Pigford, Tony Rezko, Walkergate,….
NMRN123 on August 18, 2011 at 12:08 PM
RAAAACIIIIST!!!!!
/do I hafta?
Mary in LA on August 18, 2011 at 12:16 PM
Get ready for the Stalinist era show trial…
S&P class enemies telling the jury the emperor has no clothes…
Kuffar on August 18, 2011 at 12:17 PM
Eric “Sejanus” Holder
Demosthenes on August 18, 2011 at 12:17 PM
can they investigate BWANEY FWANK & MAXINE WATERS for going on the record and saying Freddie and Fannie are JUST FINE!!!
SDarchitect on August 18, 2011 at 12:41 PM
I question the timing.
There. I said it.
Catahoula on August 18, 2011 at 2:03 PM
Gee, do you suppose the DOJ might just find a few dozen of those gunrunner weapons laying around the CEO’s office? It’s the Chicago way.
Kangeroo court justice is one thing. The real danger comes when enough honest folks can no longer believe in the system. This regime has certainly hastened that day
Don L on August 18, 2011 at 2:08 PM
I too, question the timing. If you unleash me, I’ll tell you what I really think…
Good article btw. Especially this part:
And let’s also not forget that this administration has the FHA doing the exact same thing – buying up marginal loans and securitizing them through MBSs. Should S&P rate those as junk bonds? (Yes.)
TN Mom on August 18, 2011 at 2:19 PM
Put a couple of black thugs with clubs in front a S&P. Holder will fold like one ply toilet paper.
Wade on August 18, 2011 at 2:42 PM
I don’t know one way or the other..but I saw a little bit of Megan Kelly today and they were talking about this and the reporter said that an investigation into the all the credit rankings agencies began back in late 2008. I don’t know if this is different, or if the other investigation was just a Congressional one and this is something different, but apparently stuff has been going on behind the scenes since the meltdown.
Terrye on August 18, 2011 at 4:34 PM