[Congressional Record Volume 154, Number 20 (Thursday, February 7, 2008)]
[Senate]
[Pages S774-S775]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DOJ STAFF MEMO ON THE FUTURES MARKETS
Mr. DURBIN. Mr. President, I thank the majority leader for requesting
10 minutes for me in morning business.
The State of Illinois is home to some of the most dynamic and
innovative financial services firms in the world. For the futures
markets, Chicago is a global leader. I pay particularly close attention
to the vitality of these markets. It is an important part not only of
the economy of my home State but of the economy of our Nation. The work
in the futures markets has a direct impact on everything from pork
bellies to currencies to the price of oil.
I am deeply disturbed with what has taken place this week within the
Department of Justice relative to those futures markets. As we have
been told, the staff at the Justice Department recently wrote a memo to
the Department of Treasury questioning the structure of clearing and
settlement services in the U.S. futures industry. The staff has
referred to concerns about restraint on competition and other issues.
What is troubling about this disclosure is that the Department of
Justice staffers apparently are claiming that they were simply
commenting on a Treasury proposal regarding the overall competitiveness
of America's financial markets. But the comment period on the Treasury
proposal ended 2 months ago, 2 months before the Department of Justice
released this memo, and it is been more than 6 months since that same
Department of Justice approved the merger of the Chicago Mercantile
Exchange and the Chicago Board of Trade.
Well, people say: So what? Bureaucrats release memos. Who pays any
attention to those? Well, let me tell you what happened yesterday. When
this memo became public, the price of the Chicago Mercantile Exchange
stock declined by over $100 in 1 day. That reduced shareholders' market
capitalization by almost $6 billion. A memo from the Department of
Justice to the Department of Treasury leaked to the Dow Jones Press
Service, which became public, cost the Chicago Mercantile Exchange, in
1 day, market capitalization of almost $6 billion. There was no
justification for this memo. The comment period was closed, the
Department of Justice had acted on the merger, and there was no reason
to release it.
I have joined with my colleague, Congressman Rahm Emanuel, in sending
a letter to Attorney General Mukasey and Secretary Paulson calling on
them to not only look at the substance of this memo but also the
circumstances. By what right was this staff memo issued in the first
place or released to the press?
I want to quote one of the Commissioners of the Commodity Futures
Trading Commission. That is the Government agency responsible for
regulating these markets. This is what the Commissioner said:
The Department of Justice staffer letter has unfortunately
roiled the markets, and this is precisely the kind of
behavior that Government regulators are supposed to take
ordinary care and attention to avoid.
[[Page S775]]
He is right. I think that letter was entirely inappropriate, and the
fact that it was the leaked to the press--and I do not know whether it
was leaked at Justice or at Treasury--is something that should be
investigated. I do not want to read too much into this, but someone who
understood the impact of the market and decided to short the stock
could have made a lot of money yesterday. I am not saying that
occurred, but that is how serious it is, that the stock would go down
$100 in 1 day because of this action. Today, the stock has started to
recover. I am glad. But still we have to answer, at the Federal level,
why this ever occurred.
These markets are ready to be regulated and examined, and they should
be. We want transparency and public trust at every single level. And we
know that competition in this market goes far beyond the United States.
These are now international and global markets, and the Chicago
Mercantile Exchange is the one of the leaders in these markets. They
should be closely regulated, closely watched, and should be subject to
all of the laws and regulations concerning transparency. But when some
staffer at the Department of Justice can take a potshot at this global
market and cost them almost $6 billion in market capitalization in 1
day, I think we have a right to demand accountability.
I am joining with my colleagues in the Senate and in the House in
calling on this administration to look into this matter as quickly as
possible. I hope to find out why this comment letter was filed 2 months
after the Treasury Department deadline if the memo was meant to be
related to that effort. I hope to find out if the Department of Justice
considered its influence on the markets prior to drafting this letter
or leaking this letter, whatever was done.
I hope there is not more to this story than the Justice Department
staffers are claiming, but I wonder. That is the reason I have written
to these two leaders in the administration asking for a timely
response.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. BOND. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BOND. Mr. President, I understand that the bill is to be called
back up, the FISA bill; is that correct?
The PRESIDING OFFICER. That would be the regular order.
Mr. BOND. If the proponent of the amendment is ready, I would suggest
that we begin the final lap on these amendments.
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