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Should Congress approve $15 billion GM/Chrysler bailout bill?

General Motors (NYSE: GM) and Chrysler executives have managed to drive their business to the brink of bankruptcy. And the private sector appears reluctant to provide the financing they would need to restructure in bankruptcy. Yesterday, Tribune Co. (NYSE: TXA) went over that precipice without a penny of government money. But GM/Chrysler cannot be allowed to follow that natural path for a failed business -- they need government to save them from the free market.

And so this morning a plan to socialize their losses goes before Congress. It creates a car czar who will administer $15 billion worth of loans. The car czar can demand that GM/Chrysler pay back the loan by March 31, 2009 if they don't come up with a restructuring plan, throwing them into bankruptcy. If the car czar thinks they're negotiating in good faith, they get a 30-day extension. It's not clear what happens if they come up with a restructuring plan by the 31st. A restructuring won't pay back the $25 billion and will probably require even more taxpayer money.

But the plan also requires the car czar to approve transactions above $25 million; it limits executive compensation; demands the sale of their corporate jets; prohibits paying dividends and requires that the government share in future profits and taxpayers be repaid before any other shareholders. So should Congress approve this bill?

Based on the politics it looks like the answer is yes. Americans are for it by a narrow margin -- 46% want it and 42% oppose it. The Republican Senators -- such as Mitch McConnell, R-KY -- who oppose the deal are in states that house plants from non-U.S. automakers and would benefit from a GM and Chrysler bankruptcy. It could be difficult to get the 60 votes needed to approve this bill, but other Senators in states that would benefit, such as Carl Levin D-MI, are in favor.

However, on the merits, the bill will use $15 billion in taxpayer money to keep a dead patient in the ICU when it belongs in the morgue. Having destroyed 95% of GM's shareholder value, its board and top executives do not belong in the room when the restructuring conversation happens. It would be far better to put together a crack team of turnaround experts -- perhaps led by Lou Gerstner who so ably rescued International Business Machines (NYSE: IBM).

If taxpayer money is going into the automobile industry, it does not make sense to put politicians in charge of what is fundamentally a business decision about how to restructure. Politicians are better at getting and keeping power than they are at turning around a sick company. And the plan is designed to help them preserve their state power rather than looking at the interests of all the industry's stakeholders.

If taxpayer money is at stake, let's give Congress a bill that uses America's best turnaround experts to restore the U.S. auto industry.

Peter Cohan is President of Peter S. Cohan & Associates. He also teaches management at Babson College. His eighth book, You Can't Order Change: Lessons From Jim McNerney's Turnaround at Boeing, will be published by Portfolio on December 26, 2008. He has no financial interest in the securities mentioned.

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Last updated: November 25, 2009: 04:44 AM

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