The Selling of the Obama White House to Private Investors
SANTA FE, NM (By
Jon Garrido, The Jon Garrido Network)
October 12, 2011
―
The
Republican led House
wants answers on how
Chu and the rest of
the administration
missed — or just
ignored — red flags
surrounding Solyndra
when it won the loan
guarantee and then
restructured the
terms of the loan
two years later so
taxpayers were
on the hook if the
company defaulted.
Rep. Cliff Stearns
(R-Fla.), the
subcommittee
chairman at the
center of the House
investigation, said
Friday,"Chu is on
very thin ice. If
Chu
knowingly broke the
law, this is a very
serious problem for
Secretary Chu. I'd like
him to testify what
he knew and when he
knew it." White House Press
Secretary Jay Carney said it's
no surprise Chu
would have made the
final call on the
loan guarantee. "Chu is the
head of that
department," Carney
said. "The
department, which
we've made clear,
where career
professionals have
administered the
program, reviewed
the loan
applications and
made the
recommendations. Obviously,
ultimately the head
of that department
is responsible for
it." Carney added.
"But let's be clear
there were numerous
people involved who
were career
professionals and
worked on those
kinds of issues
every day."
In January 1953,
President Truman in
his farewell address
to the American
people, referred to
"The Buck Stops Here"
concept very
specifically in
asserting, "The
President ―
whoever he is
―
has to decide. He
can't pass the buck
to anybody. No one
else can do the
deciding for him.
That's his job."
White House Press
Secretary Jay Carney
does not understand
the U.S.
Constitution's Chain
of Command and
misspoke stating,
"Ultimately the head
of that department
is responsible." This
irresponsible breach
of the authority of
the President of the
United States
warrants removal of
Carney in speaking
erroneously for the
President and if
Obama does not
recognize this
breach, Obama should
not be re-elected in
2012. T
This week, Chu spokesman Damien LaVera said the secretary took responsibility for giving the green light to the Solyndra loan when it got announced in March 2009. Chu also supported the change in the loan terms as part of a new package designed to give the company at least a fighting chance of survival.
Despite the eagerness of Mr. Spinner and other Energy Department officials to see the loan approved, other administration officials continued to raise flags about the company’s viability and the completeness of the loan application package.
A Treasury Department official objected to the decision by the Energy Department that allowed company investors to get first in line among creditors, instead of the federal government, for part of their investment.
DOE restructured
loans to protect
private investors in
lieu of Federal
taxpayers was above
the law
“Our legal counsel
believes the statute
and the D.O.E.
regulations both
require the
guaranteed loan
should not be
subordinate to any
loan or other debt
obligation,” said an
Aug. 17, 2011,
e-mail from a
Treasury official to
Jeffrey D. Zients, a
top official at the
White House budget
office.
An administration
official said Friday
the Energy
Department disagreed
and believed it did
have legal authority
to give priority to
private investors,
to secure additional
financing.
Energy Department
officials shrugged
off calls to consult
with the Justice
Department before
changing the terms
of Solyndra's loan
guarantee in a way
that put taxpayers
on the hook first
when the company
later ran out of
money, according to
newly released Obama
administration
emails.
The advice came from
Gary Burner, the
chief financial
officer at the
Treasury
Department's Federal
Financing Bank, who
urged DOE staffers
on Feb. 10 to
contact DOJ as they
considered
restructuring the
California solar
company's $535
million loan
guarantee.
"Unless DOE has
other authorities,
these adjustments
may require approval
of the Department of
Justice," Burner
wrote to Susan
Richardson, chief
counsel in DOE’s
Loan Programs
Office, and Frances
Nwachuku, director
of portfolio
management in the
same office.
DOE officials pushed
back a few hours
later.
“I believe there is
a gross
misunderstanding of
the outcome of the
negotiated
restructuring of the
Solyndra obligation
to DOE," Nwachuku
replied. "Could you
give me a call to
discuss.”
David Frantz, the
director of DOE's
Loan Guarantee
Office, also spoke
up in an email that
shrugged off the
Treasury official's
concern. “I think
his point was just a
heads up," he wrote.
"I do not believe
there is an issue
here and fear Gary
may have some
misunderstanding.”
But six months
later, as Solyndra
edged closer to
filing for
bankruptcy
protection, a top
Treasury official
reminded colleagues
in the White House
Office of Management
and Budget DOE had
been warned about
its plans to change
the terms of the
loan guarantee.
"In February we
requested in writing
DOE seek the
Department of
Justice’s approval
of any proposed
restructuring," Mary
J. Miller, assistant
secretary for
financial markets at
Treasury, wrote to
Jeffrey Zientz at
OMB. “To our
knowledge, that has
never happened.”
The emails were part
of a trove of
internal White House
correspondence
released late
Friday.
House Republicans
seized on Miller’s
emails Friday
evening, writing a
letter to Treasury
Secretary Timothy
Geithner demanding
information on
Treasury’s role in
the restructuring of
the Solyndra loan
guarantee.
A source familiar
with the issue said
DOE and Treasury
officials discussed
the need to contact
Justice in February
but decided against
it.
"Ultimately, DOE's
determination the
restructuring was
legal was made by
career lawyers in
the loan program
based on a careful
analysis of the
statute," DOE
spokesman Damien
LaVera said Monday.
Energy Secretary
Steven Chu is also
expected to address
the decision when he
appears later this
fall before the
Energy and Commerce
Committee’s
oversight
subcommittee.
Some content from NYT and AP.
Jon Garrido served as the former Executive Director of Economic Development for the City of El Paso, Texas and Economic Development Coordinator for the City of Tucson, Arizona and is familiar with rules and regulations regarding private business loans using funds of the U.S. Economic Development Administration, the U.S. Small Business Administration and the U.S. Department of Housing and Urban Development.













