Let’s Recognize The Attacks On Bain Capital For What They Are. Absurd and Dishonest!

by Hal Gershowitz and Stephen Porter on January 22, 2012

Sure, we understand that the people who run political campaigns and the candidates who hire or encourage them will stretch or bend the truth in return for a bump in the polls.  That’s why, as Harry Truman understood, it gets very hot in the campaign kitchen.  The distortions, however, that have been pedaled about Bain Capital, private equity and Mitt Romney’s career as Chairman of the private capital firm have been beyond the pale.  They are shameful, and shame on those Republican candidates who have perpetuated them, encouraged them or tolerated them.  Investments made by private equity groups such as Bain Capital provide what is, for many firms, the wind in their sails that propels them from troubled waters to clear and profitable sailing.  And, yes, sometimes those investments fail to turn around a sick company or to guarantee the continued success of a company facing tough competition.  Bain had some failures, although relatively few, as has every investment bank or fund in the business of finding equity investors or providing risk capital.

Our impatience over the Bain imbroglio isn’t so much about the poor campaign tactics that were employed to try to make political capital (no pun intended) over the vicissitudes of the role and workings of private equity in the economy, but, rather, of the absurd and dishonest distortions that have been concocted about Bain and Romney’s record there. We’re not even that perturbed about the damage it may have caused to one candidate’s quest for the nomination (Romney will weather this contrived tempest in a tea pot).  We’re in high dudgeon over the damage and confusion this deceitful attack has probably caused regarding the public’s understanding of the critical role of private equity investment and risk capital in the nation’s pursuit of prosperity.

The basic premise of the attack on Bain is, of course, an exercise in sophistry.  Because some companies in which Bain invested failed, Bain (and Romney) is accused of costing communities jobs, and throwing people out of work.  These are tough times and accusing a candidate of being a job destroyer is a direct shot at the jugular. However, for such an argument to stand any scrutiny, one has to assume that had Bain not invested in a company that ultimately failed, the enterprise would have sailed merely on its way, and its labor force would have been secure in their jobs. Nonsense!  Companies that failed following an investment by Bain were candidates for failure and would have failed earlier had Bain not invested its own money to try to save it.   While Bain can be faulted for not having a perfect record of success, it can’t reasonably be criticized for destroying jobs.

Whatever led any of the Republican candidates to believe they could level what are, essentially, scurrilous charges against Romney for his leadership at Bain without drawing fire from reputable and qualified observers who have no axes to grind is almost a mystery…almost, but not quite.  Desperation can turn any political contest into a freak show, and that’s what this spectacle became.

Bain was “never interested in driving companies out of business,” said Howard Anderson, a professor at MIT’s Sloan School of Management, “and certainly to portray that as their modus operandi is unfair and inaccurate. The goal here was to create wealth,” Anderson said. “Jobs were the byproduct, not the product… on day one, they all look good, like the first day of baseball. … All in all, Bain is a remarkable company.”

“Their overall performance was terrific,” concurred Steven Neil Kaplan, a professor at the University of Chicago Booth School of Business. “He’s got lots of deals that worked.”

The U.S. Chamber of Commerce chimed in as well.  Bain’s track record was not perfect, but it was pretty darn good, they said.

Now we understand that candidates in the throes of an election can overstate their case or shoot (at their opponents) from the hip. But we believe there was something far more nefarious here.  First there is that 27-minute film that features interviews with former Bain employees, the context of which was so contorted that some of the individuals who were interviewed expressed shock at how their words were misrepresented.  In one case, a former employee who was featured in the film jumped to Romney’s defense, explaining that he did very well while Romney and Bain were at the helm, and it was actually years later, after Bain had sold the company that things went south under new ownership.  This is not a case of shooting from the hip.  This is blatant fabrication of the facts.  It is no less than manufacturing the mud they wished to sling.

USA Today, in a Fact-Check feature, reports that the video often overstates, or outright distorts, Romney’s culpability for job losses or bankruptcies.

•The film talks about layoffs at DDI Corp. and discusses questionable manipulation of stock prices after the circuit board company went public. But Romney had left Bain Capital a year before any layoffs and a public stock offering that ultimately netted Bain and Romney a big payday. The company’s subsequent bankruptcy filing came two years after Bain had largely divested from the company, and was the result of the dot-com bust. Moreover, the company emerged from bankruptcy, and its current CEO credits those early Bain investments for setting the foundation for the company’s current success.

•The film claims Romney was involved in the acquisition, management and demise of the now-defunct KB Toys. He wasn’t. Bain bought the toy company nearly two years after Romney left Bain.

•Likewise, the closing of UniMac’s plant in Marianna, Fla., occurred seven years after Romney left Bain and nearly two years after Bain sold UniMac’s parent company to another private equity house.

Private equity companies such as Bain Capital, and the men and women who create and manage them provide an invaluable service to a free market economy. They invest risk capital in companies in which they believe improved management can significantly add to a company’s value.  Once a company is on its feet and doing well, they generally exit the company by selling their interest at a well-earned profit.  A by-product of this activity is job creation.  Sometimes their judgment is wrong and companies in which they have invested fail.  Jobs are lost when companies fail.  The investors are left with whatever assets, if any, the failed company has.  According to extensive analysis of Bain’s operations, as reported in the press, the company had a nearly 80% success rate.  But even if they had an 80% failure rate, they would not have been responsible for lost jobs.  They would have simply been responsible for making lousy investments.

Compare the outrageous descriptions of Romney made by some of his Republican competitors who call him a vulture and a looter, to the assessment of him made by Jack Welsh, former CEO and Chairman of GE who is widely considered one of the premier CEO’s in the history of American business.

Jack Welch: “In my lifetime, Mitt Romney is the most qualified leader I’ve ever seen run for the presidency of the United States. We’ve got a guy here who’s a leader that’s demonstrated beyond anything we’ve ever had…we’re the luckiest people in the world to have this guy there at this point in time.”

Frankly, we think Mr. Welsh, perhaps, engages in a bit of hyperbole himself.  But between the deplorable and unfounded vilification of Romney by his Republican competitors, and the lavish praise heaped upon him by Mr. Welsh, there yawns a gap in which there is generous room for fair battle in the rough and tumble of party politics.

Sadly, the subject of Bain simply camouflages that some of Romney’s competitors have resorted to tactics that are unbecoming of their candidacy and of the office they seek.

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Let’s Not Give Up On Our Primary Election Process. It Can And Should Be Improved.

by Hal Gershowitz and Stephen Porter on January 15, 2012

   In last week’s essay, we quoted Winston Churchill’s memorable statement that “Democracy is the worst system there is except for all the others. We also restated Churchill’s observation by noting that we need to revise our delegate selection process and “the sooner the better.”

 This observation is most particularly true for the nominating process of either party seeking to replace an incumbent President or the party of an incumbent who is not running for re-election.

With Iowa’s caucus and the New Hampshire primary finished, we should pause and look at a little history to illustrate how our current process, in effect, disenfranchises a majority of voters.

In 1952, Governor Adlai Stevenson of Illinois (perhaps one of that state’s last governors who did not go on to a career of making license plates)  was selected as the nominee at the Democratic convention through a series of state primaries and won the 1952 nomination at the Democratic convention on the third ballot.  Today, nominating conventions have no real purpose to them except for the public learning the nominee’s vice-presidential choice.  Bringing party professionals into the mix might spare us another Sarah Palin debacle.  Perhaps there is a role for smoke filled rooms, even though smoking would be banned!

In 1952 the process produced Senator John Sparkman as the democratic Vice-Presidential choice, an obvious sop to party bosses who did not trust the candidate Estes Kefauver, who went into the convention with the most pledged delegates. After the first two ballots Kefauver led but was overtaken on the third ballot when Stevenson was nominated.  The 1952 presidential race had earlier been thrown into disarray when President Truman announced that he would not seek re-election.  As we all know, General Eisenhower was elected President in November 1952. In 1956 Kefauver ran again and won the New Hampshire and Minnesota primary over Stevenson.  Although Stevenson was again nominated, this time around the party chose Kefauver as his running mate.

Fast forward to 1968 when President Johnson made his surprise announcement to a nation bitterly divided by the Vietnam War that he would not seek another term.  Senator Robert Kennedy won the California primary in June, defeating anti-war Sen. Eugene McCarthy of Minnesota.  Kennedy in his final words said “on to Chicago” before being shot by a lunatic, Sirhan Sirhan.  In the end, Senator Hubert Humphrey received the nomination, but lost the general election to Richard Nixon, who had stated in 1962, after losing the California governorship, that we wouldn’t have Nixon to kick around anymore.

But for the poorly-thought-out rule change the Republicans instituted for the 2012 primaries, it would have been possible, even likely, that the Republican nominee could have been decided within the next 30 days.  Thus, after the first three or four state primaries, less than three percent of registered voters could have decided the Republican nominee.  Talk about outsize influence.  States that have storied histories associated with their primaries (Wisconsin…always in April and California always in June) will have been effectively disenfranchised as will the remaining US voters in the United States which has an estimated 2011 population of 312 million people. We think the Republican rule change was rather harebrained anyway. If proportional allocation of delegates makes sense prior to April 1st, why doesn’t make sense thereafter?

What is the solution?  There are numerous ways vastly to improve the system all of which are better than what we now have.  Former President Carter and James Baker, in a report on US elections which contains a mish mash of proposals on voter registration, proposed several serious ideas, one of which recommends four regional primaries, held after the Iowa caucus and the New Hampshire primary at one-month intervals from March to June.  The plan would substantially expand participation in the selection of presidential nominees and give voters the chance to evaluate presidential candidates over a period of three to four months.

The Carter Baker report states:

“Think of a major election in which less than 8 percent of voters cast a ballot, yet millions of other voters want to vote but never get the chance.  While such an election is hard to imagine in the United States, that is precisely how we select the candidates for the highest public office in the land.

In recent election cycles, the races for the presidential nomination of each of our major political parties have effectively ended by March, before people in most states have the opportunity to vote.  As a result, most Americans have no real say in the selection of the nominee. Intense candidate scrutiny by the media and the public is limited to about 10 weeks.  Candidates must launch their presidential bids a year or more before the official campaign begins, so that they can raise the $25 million to 50 million needed to compete.

The Presidential primary schedule has become increasingly front-loaded.  While eight states held presidential primaries by the end of March in 1984, more than three times that – 28 states – held their primaries by March in 2004.

[We have] recommended a comprehensive overhaul of the presidential primary system.  This recommendation was received enthusiastically in numerous editorials, which expressed the view of a great many voters across the country who want a say in choosing their presidential candidates.

We believe that it is important for the parties to maintain control of their own primaries.  Therefore, we would encourage the two parties to make the needed changes in their primary schedule.  If the parties don’t take action, they risk losing that power to Congress, which should make the desired change through federal legislation if the parties remain unwilling to do so.

In the end, voters throughout America deserve a say in the selection of candidates for the most powerful job in the country.”

We would add a provision that over four election cycles, the regions would rotate so each region would have the opportunity to go first. The current system of selecting candidates is not a credit to either American Democracy or our long tradition of American Exceptionalism.  We can do better in selecting candidates for the presidency of a great and exceptional nation.

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Is This Any Way To Pick A President? Better Than Any Other!

January 8, 2012

As the Republican presidential hopefuls slug it out debate after debate, and sound bite after sound bite, and President Obama endlessly drones on from the sidelines with his mantra that the wealthy must pay their fair share (according to CBO and IRS data, the top 10% of households pay more than 70% of all federal [...]

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Happy Holidays from “Of Thee I Sing 1776”

December 24, 2011

  We want to take this opportunity to express our appreciation to each and every one of you, and to let you know how much we appreciate your loyal readership and the time so many of you take to share your views and thoughts with us.  We hope this holiday season is filled with happiness [...]

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A President With Great Promise or Just Another Politician? Let’s Look at the Record

December 18, 2011

With the GOP debates mercifully coming to an end, the nation is getting ready for the 2012 elections starting with the Iowa caucuses in January.  At this point, President Obama appears likely to face Mitt Romney (seemingly no one’s first choice within his own party), former Speaker Newt Gingrich who miraculously resurrected his once moribund [...]

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Is Germany The Last Refuge of American Exceptionalism?

December 11, 2011

Okay, perhaps a bit of a non sequitur.  But what Germany has and is fighting to instill in the rest of the Euro Zone, as a condition of any further assistance (bailouts) from the European Central Bank (ECB), is simply an ethic that equates hard work, respect for legal tender (a society’s currency) and sound [...]

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State Action Raising the Libertarian Profile

December 4, 2011

In all of the discussion about the failure of Congress to reach a deal to reduce our bloated deficit and the angry doctrinaire debate about fixing blame, we need to take into account that the nation now has two minority political parties.  Polls indicate that neither the Democrats nor the GOP has a favorability rating [...]

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The Arab Spring: Stormy Weather Ahead

November 27, 2011

And so, like the old Dynasties of Europe, the strongmen of the Middle East, who held their respective nations in an iron grip for decades, if not generations, began to fall in a truly historic sweep of history.  The first to fall were the dictators of Tunisia, then Egypt, followed by Libya, with Syria’s Bashar [...]

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Occupy Wall Street: The Implications For The Bill of Rights

November 20, 2011

    For very good and valid reasons, Americans understand the extraordinary importance of the First Amendment to the U.S. Constitution, the right peacefully to assemble for redress of  grievances.That, of course, is the rationale for the Occupy Wall Street (“OWS”) movement by which thousands of protestors are encamping in various public places around the [...]

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A Nuclear Iran: The High Cost of Appeasement

November 13, 2011

  Why call it anything else? It has been, and is, appeasement. We and our allies have known for nearly 20 years that Iran was developing nuclear weapons capability. At least three American Administrations have huffed and puffed and threatened to blow their (nuclear development) house down with tough (but not too tough) sanctions.  The [...]

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