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Over 100 economists, including Nobel laureate Robert Solow, Branko Milanovic and Dani Rodrik called on Congress today to take action to mitigate the harmful fallout from the recent ruling by Judge Griesa of the U.S. District Court for the Southern District of New York that requires Argentina to pay holdout creditors at the same time as the majority of creditors. The letter warns that "The District Court's decision - and especially its injunction that is currently blocking Argentina from making payments to 93 percent of its foreign bondholders -- could cause unnecessary economic damage to the international financial system, as well as to U.S. economic interests, Argentina, and fifteen years of U.S. bi-partisan debt relief policy."
"It's a widely shared opinion among economists that the court's attempt to force Argentina into a default that nobody - not the debtor nor more than 90 percent of creditors - wants, is wrong and damaging," said Mark Weisbrot, economist and Co-Director of the Center for Economic and Policy Research, who helped circulate the letter.
The letter warns that Griesa's decision could "torpedo an existing agreement with those bondholders who chose to negotiate." It also cautions that, since sovereign governments do not have the option of declaring bankruptcy, "the court's ruling would severely hamper the ability of creditors and debtors to conclude an orderly restructuring should a sovereign debt crisis occur. This could have a significant negative impact on the functioning of international financial markets, as the International Monetary Fund has repeatedly warned."
The court's decision "creates a moral hazard," the economists write, since investors will be allowed "to obtain full repayment, no matter how risky the initial investment."
The full letter appears below.
July 31, 2014
Dear Member of Congress,
We note with concern the recent developments in the court case of Argentina vs. NML Capital, etc. The District Court's decision - and especially its injunction that is currently blocking Argentina from making payments to 93 percent of its foreign bondholders -- could cause unnecessary economic damage to the international financial system, as well as to U.S. economic interests, Argentina, and fifteen years of U.S. bi-partisan debt relief policy. We urge you to act now and seek legislative solutions to mitigate the harmful impact of the court's ruling.
For various reasons, governments sometimes find themselves in situations where they cannot continue to service their sovereign debt. This was Argentina's situation at the end of 2001. After years of negotiations, Argentina reached a restructuring agreement with 93 percent of the defaulted bondholders, and has made all agreed-upon payments to them.
The court's decision that Argentina cannot continue to pay the holders of the restructured bonds unless it first pays the plaintiffs mean that any "holdout" creditor can torpedo an existing agreement with those bondholders who chose to negotiate. While individuals and corporations are granted the protection of bankruptcy law, no such mechanism exists for sovereign governments. As such, the court's ruling would severely hamper the ability of creditors and debtors to conclude an orderly restructuring should a sovereign debt crisis occur. This could have a significant negative impact on the functioning of international financial markets, as the International Monetary Fund has repeatedly warned.
Those who invested in Argentine bonds were compensated with high interest rates, to mitigate the risk of default. There are inherent risks when investing in sovereign bonds, but the court's ruling creates a moral hazard, by allowing investors to obtain full repayment, no matter how risky the initial investment.
The plaintiffs in the case purchased Argentine bonds on the secondary market after default, often for less than 20 cents on the dollar. While these actors could have accepted the restructuring and still made a very large profit, they instead have fought a decade-long legal battle, seeking exorbitant profits in excess of 1,000 percent and creating financial uncertainty along the way.
The recent developments will also directly impact the United States and its status as a financial center of the world economy. While much of the developing world's debt is issued under the jurisdiction of New York law and utilizing New York-based financial institutions, the court's ruling will make it more likely for sovereign governments to seek alternate locations to issue debt. Britain and Belgium, for example, have already passed legislation aimed at preventing this type of behavior from "holdout" creditors.
In addition, the court has put restrictions on New York banks, preventing them from distributing regularly scheduled interest payments to holders of the restructured bonds. Already, banks have faced lawsuits from investors, creating greater uncertainty for U.S.-based financial institutions.
Argentina has expressed a willingness to negotiate, and has recently reached agreements with the Paris Club as well as claims by international investors.
We hope that you will look for legislative solutions to prevent this court decision, or similar rulings, from causing unnecessary harm.
Sincerely,
Robert Solow, Nobel laureate in Economics, 1987, MIT Professor of Economics, emeritus Dani Rodrik, Albert O. Hirschman Professor in the school of Social Sciences at the Institute for Advanced Study in Princeton, New Jersey Branko Milanovic, Luxembourg Income Study Center, the Graduate Center CUNY, former Lead Economist in the World Bank's research department |
Andrew Allimadi, United Nations, Department of Economics and Social Affairs |
Gar Alperovitz, University of Maryland |
Eileen Applebaum, Center for Economic and Policy Research |
Mariano Arana, Universidad Nacional de General Sarmiento |
Leonardo Asta, Universita degli Studi di Padova |
Venkatesh Athreya, Bharathidasan University |
Dean Baker, Center for Economic and Policy Research |
William Barclay, Chicago Political Economy Group |
Jairo Alonso Bautista, Universidad Santo Tomas |
Gunseli Berik, University of Utah |
Alexandra Bernasek, Colorado State University |
Cyrus Bina, University of Minnesota (Morris Campus) |
Josh Bivens, Economic Policy Institute |
Peter Bohmer, The Evergreen State College |
Korkut Boratav, Turkish Social Science Association |
Elissa Braunstein, Colorado State University |
Jorge BUZAGLO, University of Goteburg |
Jim Campen, Americans for Fairness in Lending |
Carlos A. Carrasco, University of the Basque Country |
Sergio Cesaratto, University of Siena |
Kyung-Sup Chang, Seoul National University |
Kimberly Christensen, SUNY/Purchase College |
Michael Cohen, New School for Social Research |
Brendan Cushing - Daniels, Gettysburg College |
Omar Dahi, Hampshire College |
Carlo D'Ippoliti, University of Rome |
Peter Dorman, Evergreen State College |
Amitava Dutt, University of Notre Dame |
Dirk Ehnts, University of Oldenburg |
Gerald Epstein, University of Massachusetts, Amherst |
Susan Ettner, University of California, Los Angeles |
Jeffrey Faux, Economic Policy Institute |
Massoud Fazeli, Hofstra University |
Andrew Fischer, International Institute of Social Studies |
Jeffrey Frankel, Harvard Kennedy School |
Roberto Frenkel, CEDES Argentina |
Kevin Gallagher, Boston University |
Chris Georges, Hamilton College |
Reza Ghorashi, Richard Stockton College |
Jayati Ghosh, JNU New Delhi and Ideas |
David Gold, New School University |
Neva Goodwin, Tufts University |
Maria Florencia Granato, Corporacion Andina de Fomento |
Martin Hart-Landsberg, Lewis and Clark |
Conrad Herold, Hofstra University |
P. Sai-wing Ho, University of Denver |
Andreas Hoth |
Gustavo Indart, University of Toronto |
Joseph Joyce, Wellesley College |
J K Kapler, University of Massachusetts Boston |
Martin Khor, South Centre |
Gabriele Koehler |
Andrew Kohen, James Madison University |
Nikoi Kote-Nikoi |
Pramila Krishnan, University of Cambridge |
David Legge, La Trobe University |
Henry Levin, Columbia University |
Mah hui Lim, South Centre |
Rodrigo Lopez-Pablos |
Robert Lynch, Washington College |
Arthur MacEwan, University of Massachusetts Boston |
Jeff Madrick, The Century Foundation |
Cheryl Maranto, Marquette University |
Ann Markusen, University of Minnesota |
Julie Mattahei, Wellesley College |
Kathleen McAfee, San Fransisco State University |
Elaine McCrate, University of Vermont |
Hannah McKinney, Kalamazoo College |
Thomas Michl, Colgate University |
William Milberg, New School for Social Research |
Larry Mishel, Economic Policy Institute |
Mritiunjoy Mohanty, Indian Institute of Management |
Nicolas Moncaut |
Tracy Mott, University of Denver |
Michael Murray, Bates College |
Luiz M Niemeyer, Pontifical Catholic University of Sao Paulo |
Machiko Nissanke, SOAS University of London |
Manfred Nitsch, Free University of Berlin |
Jose Antonio Ocampo, Columbia University |
Carlos Oya, University of London |
Marco Palacios, El Colegio de Mexico |
Antonella Palumbo, Roma Tre University |
Dimitri B. Papadimitriou, Levy Economics Institute of Bard College |
Mark Paul, University of Massachusetts Amherst |
Lorenzo Pellegrini, International Institute of Social Studies |
Lucia Pittaluga Fonseca, Universidad de la Republica (Uruguay) |
Renee Prendergast, Queen's University- Belfast |
Mark Price, Keystone Research Center |
Alicia Puyana, Facultad Latinoamercana de Ciencias Sociales |
Charles Revier, Colorado State University |
Joseph Ricciardi, Babson College |
Malcolm Robinson, Thomas More College |
Leopoldo Rodriguez, Portland State University |
John Roemer, Yale University |
David Rosnick, Center for Economic and Policy Research |
Antonio Savoia, University of Manchester |
John Schmitt, Center for Economic and Policy Research |
Stepphanie Seguino, University of Vermont |
Anwar Shaikh, New School for Social Research |
Kannan Srinivasan |
James Stanfield |
Eduardo Strachman |
William K. Tabb, Queens College |
Ezequiel Tacsir, United Nations University |
Philipp Temme, Free University of Berlin |
Frank Thompson, University of Michigan |
Chris Tilly, University of California, Los Angeles |
Mario Tonveronachi, University of Siena |
Lawal Tosin |
Chiwuike Uba, African Heritage Institution |
Bunu Goso Umara |
Leanne Ussher, Queens College, CUNY |
Rolph van der Hoeven, International Institute of Social Studies |
Irene van Staveren, International Institute of Social Studies |
Matias Vernengo, Bucknell University |
David Weiman, Barnard College |
Mark Weisbrot, Center for Economic and Policy Research |
Thomas Weisskopf, University of Michigan |
John Willoughby, American University |
Yavuz Yasar, University of Denver |
A. Erinc Yeldan, Yasar University |
Erhan Yildirim, Cukurova University |
Ben Zipperer, University of Massachusetts, Amherst |
The Center for Economic and Policy Research (CEPR) was established in 1999 to promote democratic debate on the most important economic and social issues that affect people's lives. In order for citizens to effectively exercise their voices in a democracy, they should be informed about the problems and choices that they face. CEPR is committed to presenting issues in an accurate and understandable manner, so that the public is better prepared to choose among the various policy options.
(202) 293-5380A leader at the human rights group called the proposal "a dangerous and dramatic step backwards and a product of ongoing impunity for Israel’s system of apartheid and its genocide in Gaza."
As Israel continues its "silent genocide" in the Gaza Strip one month into a supposed ceasefire with Hamas and Israeli settler attacks on Palestinians in the illegally occupied West Bank hit a record high, Amnesty International on Tuesday ripped the advancement of a death penalty bill championed by far-right National Security Minister Itamar Ben-Gvir.
Israel's 120-member Knesset "on Monday evening voted 39-16 in favor of the first reading of a controversial government-backed bill sponsored by Otzma Yehudit MK Limor Son Har-Melech," the Times of Israel reported. "Two other death penalty bills, sponsored by Likud MK Nissim Vaturi and Yisrael Beytenu MK Oded Forer, also passed their first readings 36-15 and 37-14."
Son Har-Melech's bill—which must pass two more readings to become law—would require courts to impose the death penalty on "a person who caused the death of an Israeli citizen deliberately or through indifference, from a motive of racism or hostility against a population, and with the aim of harming the state of Israel and the national revival of the Jewish people in its land."
Both Hamas—which Israel considers a terrorist organization—and the Palestine Liberation Organization slammed the bill, with Palestinian National Council Speaker Rawhi Fattouh calling it "a political, legal, and humanitarian crime," according to Reuters.
Amnesty International's senior director for research, advocacy, policy, and campaigns, Erika Guevara Rosas, said in a statement that "there is no sugarcoating this; a majority of 39 Israeli Knesset members approved in a first reading a bill that effectively mandates courts to impose the death penalty exclusively against Palestinians."
Amnesty opposes the death penalty under all circumstances and tracks such killings annually. The international human rights group has also forcefully spoken out against Israeli abuse of Palestinians, including the genocide in Gaza that has killed over 69,182 people as of Tuesday—the official tally from local health officials that experts warn is likely a significant undercount.
"The international community must exert maximum pressure on the Israeli government to immediately scrap this bill and dismantle all laws and practices that contribute to the system of apartheid against Palestinians."
“Knesset members should be working to abolish the death penalty, not broadening its application," Guevara Rosas argued. "The death penalty is the ultimate cruel, inhuman, and degrading punishment, and an irreversible denial of the right to life. It should not be imposed in any circumstances, let alone weaponized as a blatantly discriminatory tool of state-sanctioned killing, domination, and oppression. Its mandatory imposition and retroactive application would violate clear prohibitions set out under international human rights law and standards on the use of this punishment."
"The shift towards requiring courts to impose the death penalty against Palestinians is a dangerous and dramatic step backwards and a product of ongoing impunity for Israel's system of apartheid and its genocide in Gaza," she continued. "It did not occur in a vacuum. It comes in the context of a drastic increase in the number of unlawful killings of Palestinians, including acts that amount to extrajudicial executions, over the last decade, and a horrific rise of deaths in custody of Palestinians since October 2023."
Guevara Rosas noted that "not only have such acts been greeted with near-total impunity but with legitimacy and support and, at times, glorification. It also comes amidst a climate of incitement to violence against Palestinians as evidenced by the surge in state-backed settler attacks in the occupied West Bank."
Prime Minister Benjamin Netanyahu launched the devastating assault on Gaza in response to the Hamas-led attack on southern Israel on October 7, 2023. Since then, Israeli soldiers and settlers have also killed more than 1,000 Palestinians in the West Bank, according to the United Nations Office for the Coordination of Humanitarian Affairs.
Netanyahu is now wanted by the International Criminal Court for war crimes and crimes against humanity, and Israel faces an ongoing genocide case at the International Court of Justice. The ICJ separately said last year that Israel's occupation of Gaza and the West Bank, including East Jerusalem, is unlawful and must end; the Israeli government has shown no sign of accepting that.
The Amnesty campaigner said Tuesday that "it is additionally concerning that the law authorizes military courts to impose death sentences on civilians, that cannot be commuted, particularly given the unfair nature of the trials held by these courts, which have a conviction rate of over 99% for Palestinian defendants."
As CNN reported Monday:
The UN has previously condemned Israel's military courts in the occupied West Bank, saying that "Palestinians' right to due process guarantees have been violated" for decades, and denounced "the lack of fair trial in the occupied West Bank."
UN experts said last year that, "in the occupied West Bank, the functions of police, investigator, prosecutor, and judge are vested in the same hierarchical institution—the Israeli military."
Pointing to the hanging of Nazi official and Holocaust architect Adolf Eichmann, Guevara Rosas highlighted that "on paper, Israeli law has traditionally restricted the use of the death penalty for exceptional crimes, like genocide and crimes against humanity, and the last court-ordered execution was carried out in 1962."
"The bill's stipulation that courts should impose the death penalty on individuals convicted of nationally motivated murder with the intent of 'harming the state of Israel or the rebirth of the Jewish people' is yet another blatant manifestation of Israel's institutionalized discrimination against Palestinians, a key pillar of Israel’s apartheid system, in law and in practice," she asserted.
"The international community must exert maximum pressure on the Israeli government to immediately scrap this bill and dismantle all laws and practices that contribute to the system of apartheid against Palestinians," she added. "Israeli authorities must ensure Palestinian prisoners and detainees are treated in line with international law, including the prohibition against torture and other ill-treatment, and are provided with fair trial guarantees. They must also take concrete steps towards abolishing the death penalty for all crimes and all people."
"In our democracy, the press is a watchdog against abuse," said Marion County Record publisher Eric Meyer. "If the watchdog itself is the target of abuse, and all it does is roll over, democracy suffers.”
A Kansas county has agreed to pay $3 million over 2023 police raids of a local newspaper and multiple homes—one of which belonged to its elderly publisher, whose death shortly followed—sparking nationwide alarm over increasing attacks on the free press.
Marion County agreed to pay the seven-figure settlement and issue a formal apology to the publishers of the Marion County Record admitting that wrongdoing had occurred during the August 11, 2023 raids on the paper's newsroom and two homes.
The apology states that the Marion County Sheriff's Office "wishes to express its sincere regrets to Eric and Joan Meyer and Ruth and Ronald Herbel for its participation in the drafting and execution of the Marion Police Department’s search warrants on their homes and the Marion County Record. This likely would not have happened if established law had been reviewed and applied prior to the execution of the warrant."
Bernie Rhodes, an attorney for the Record, told the paper, "This is a first step—but a big step—in making sure that Joan Meyer’s death served a purpose, in making sure that the next crazed cop who thinks they can raid a newsroom understands the consequences are measured in millions of dollars."
Rhodes was referring to the 98-year-old Record co-owner, who was reportedly in good health for her age, but collapsed and died at her home in the immediate aftermath of the raid by Marion police and country sheriff's deputies.
"This is a first step—but a big step—in making sure that Joan Meyer’s death served a purpose."
Eric Meyer, Joan Meyer's son and the current publisher of the Record, said: “The admission of wrongdoing is the most important part. In our democracy, the press is a watchdog against abuse. If the watchdog itself is the target of abuse, and all it does is roll over, democracy suffers.”
According to the Record, awards include:
Record business manager Cheri Bentz—who suffered aggravation of health conditions following one of the raids—previously settled with the county for $50,000.
Katherine Jacobsen, the US, Canada, and Caribbean program coordinator at the Committee to Protect Journalists, hailed the settlement as "an important win for press freedom amid a growing trend of hostility toward those who hold power to account."
"Journalists must be able to work freely and without fear of having their homes raided and equipment seized due to the overreach of authorities," she added.
The raids—during which police seized the Record‘s electronic equipment, work product, and documentary materials—were conducted with search warrants related to an alleged identity theft investigation.
However, critics—who have called the warrants falsified and invalid—noted that the raids came as the Record investigated sexual misconduct allegations against then-Marion Police Chief Police Gideon Cody. The raids, they say, were motivated by Cody's desire to silence the paper's unfavorable reporting about him.
State District Judge Ryan Rosauer ruled last month that Cody likely committed a felony crime when he instructed a witness with whom he allegedly had an improper romantic relationship to delete text messages they exchanged before, during, and after the raids.
While Cody will not be tried in connection with Meyer's death or the 2023 raids, Rosauer ordered him to stand trial over the deleted texts.
Meyer at the time expressed dismay that Cody wasn't being tried for his mother's death or the raids. He also worried that Cody was being made a scapegoat, as other people and law enforcement agencies were involved in the incident.
Following the announcement of the settlement, Meyer said that "this never has been about money, the key issue always has been that no one is above the law."
"No one can trample on the First and Fourth Amendments for personal or political purposes and get away with it," he continued. "When my mother warned officers that the stress they were putting her under might lead to her death, she called what they were doing Hitler tactics."
"What keeps our democracy from descending as Germany did before World War II is the courage she demonstrated—and we’ve tried to continue—in fighting back," Meyer added.
"This never has been about money, the key issue always has been that no one is above the law."
Five consolidated federal civil rights lawsuits have been filed in the US District Court for the District of Kansas, alleging wrongful death, unlawful searches, retaliation for protected speech, and other claims tied to the raids.
“It’s a shame additional criminal charges aren’t possible,” Meyer said, “but the federal civil cases will do everything they can to discourage future abuses of power.”
Although unable to savor the Record's victory, Joan Meyer presciently told the officers raiding her home, "Boy, are you going to be in trouble."
“She was so right," said Rhodes.
Despite Mamdani's campaign pledge, legal experts have consistently cast doubt on a New York City mayor's authority to order the arrest of a foreign leader.
New York City Mayor-elect Zohran Mamdani may have a chance to fulfill one of his campaign promises on his first day of office, although legal experts have repeatedly cast doubt on his power to make it happen.
Republican New York City Councilwoman Inna Vernikov on Tuesday sent a formal invitation to Israeli Prime Minister Benjamin Netanyahu to speak in New York City on January 1, 2026, while at the same time daring Mamdani to keep his pledge to have him arrested on war crimes charges.
"On January 1, Mamdani will take office," Vernikov wrote in a post on X. "And also on January 1, I look forward to welcoming Bibi to New York City. NY will always stand with Israel, and no radical Marxists with a title can change that."
The International Criminal Court (ICC) last year issued an arrest warrant for Netanyahu and former Defense Minister Yoav Gallant for war crimes and crimes against humanity committed during Israel's war in Gaza that has killed at least 69,000 Palestinians.
During his successful mayoral campaign, Mamdani repeatedly said that he would enforce the warrant against Netanyahu should the Israeli leader set foot in his city.
Although Mamdani backed off some of his most strident past statements during the campaign, particularly when it comes to the New York Police Department (NYPD), he doubled down on arresting Netanyahu during a September interview with The New York Times.
"This is a moment where we cannot look to the federal government for leadership," Mamdani told the paper. "This is a moment when cities and states will have to demonstrate what it actually looks like to stand up for our own values, our own people."
However, legal experts who spoke with the Times cast doubt on Mamdani's authority as the mayor of a major American city to arrest a foreign head of government, even if the person in question has been indicted by the ICC.
Among other things, experts said that the NYPD does not have jurisdiction to arrest Netanyahu on international war crimes charges, and the Israeli leader would have to commit some crime in violation of local state or city laws to justify such an action.
Additionally, the US has never been party to the ICC and does not recognize its legal authority.
Matthew Waxman, a professor at Columbia Law School, told the Times that Mamdani's stated determination to arrest Netanyahu was "more a political stunt than a serious law-enforcement policy."