The Penal Option.

“‘There are only two possibilities here,’ Mr. Webb said in introducing his bill, noting that America imprisons so many more people than other countries. ‘Either we have the most evil people on earth living in the United States, or we are doing something dramatically wrong in terms of how we approach the issue of criminal justice.‘”

In his latest column, the NYT’s Nicholas Kristof makes the case anew for comprehensive criminal justice reform. “[O]ver all, in a time of limited resources, we’re overinvesting in prisons and underinvesting in schools. Indeed, education spending may reduce the need for incarceration…Above all, it’s time for a rethink of our drug policy.” (Via Sententiae.)

Prisoners of our Own Device.

“‘The commission could be the most ambitious attempt to re-examine and reform the criminal justice system since the 1960s,’ said Mark Mauer, executive director of the Sentencing Project, a nonprofit group that supports reducing incarceration rates. ‘It is a huge undertaking,’ he said.” As he promised a few months ago, Sen. Jim Webb begins the push for a bipartisan commission on prison reform. (Webb’s effort drew particular kudos from Salon‘s Glenn Greenwald this morning.)

Speaking of which, count me among the many (like Greenwald) who found Obama’s glib answer on drug decriminalization during the online town hall the other day to be too smug and snickering by half. People are spending their lives in prison for basically harmless behavior that he — and countless other tsk-tsking political elites — engaged in. That’s not really something to chuckle about.

That being said, it’s obvious that, with everything else going on, Obama has nowhere near the political capital he would need to deal with this sort of thing right now, even if he does possess the inclination. But, Webb’s proposed commission might be exactly the sort of body that could grant Obama the cover he needs to get serious about drug and prison reform. In fact, other than punting on a popular issue like social security, which prison reform emphatically isn’t, that’s pretty much the sole purpose of a bipartisan commission.

Update: In very related news, NY Gov. David Paterson announces a deal has been struck to soften NY’s draconian Rockefeller drug laws and get rid of many mandatory minimums. “‘Since 1973, New York has had the harshest drug laws in the country, and they have simply not worked,’ Paterson said Friday in a radio interview.”

Webb takes on Incarceration Nation.

“I think you can be a law-and-order leader and still understand that the criminal justice system as we understand it today is broken, unfair, locking up the wrong people in many cases and not locking up the right person in many cases.” In an auspicious sign for 2009, Sen. Jim Webb (D-VA) announces he’ll be taking at stab at criminal justice and prison reform in the coming year. “Webb aims much of his criticism at enforcement efforts that he says too often target low-level drug offenders and parole violators, rather than those who perpetrate violence, such as gang members. He also blames policies that strip felons of citizenship rights and can hinder their chances of finding a job after release.“

It sounds like he’s on the right track, and bully to Sen. Webb for even taking this issue — normally not one that brings in the votes — on. (Let’s hope Webb knows his Wire.)

Of course, a lot of headway could be made if we just started taking a saner approach to drugs in this country, i.e. unclogging the justice system of non-violent drug offenders and doing away with mandatory minimums. From there, I hope Sen. Webb sets his sights on the shameful and grotesque private, for-profit prison industry that has sprouted here in America. I for one believe running an unsafe, substandard prison and getting rich by outsourcing your supply of “captive” laborers to corporations that don’t want to pay market wages is much more immoral and criminal behavior than getting high in some fashion and being unlucky (and/or black) enough to get caught. And I don’t think I’m in the minority in this assessment anymore.

Scratch Webb Off.

“Last week I communicated to Senator Obama and his presidential campaign my firm intention to remain in the United States Senate, where I believe I am best equipped to serve the people of Virginia and this country.” In the Obama veepstakes, Sen. Webb takes himself out of the running. “Under no circumstances will I be a candidate for Vice President.”

Stating — and Rejecting — the Obvious.

“‘As he’s said many times before, Senator Obama honors and respects Senator McCain’s service, and of course he rejects yesterday’s statement by General Clark,’ Obama spokesman Bill Burton said in a statement.” So…I guess Wes Clark won’t be the veep. For some ill-defined reason, the Obama campaign sees fit to throw the general under the bus because Clark, a guy I run hot and cold on, simply stated the obvious. Getting shot down over Vietnam, however ostensibly character-building, in no way constitutes executive experience: “I certainly honor his service as a prisoner of war. He was a hero to me and to hundreds of thousands and millions of others in the armed forces as a prisoner of war. And he has traveled all over the world. But he hasn’t held executive responsibility…I don’t think riding in a fighter plane and getting shot down is a qualification to be president.”

Said Obama in Independence today: “McCain had ‘endured physical torment in service to our country’ and ‘no one should ever devalue that service, especially for the sake of a political campaign, and that goes for supporters on both sides.’” Fair enough, but that wasn’t at all what Clark was doing. McCain’s basically getting away with the same sort of resume inflation as Sen. Clinton did in the primaries, and Clark — a five-star general who knows what he’s talking about — called him on it.

One could argue that there’s a method to this move by the Obama campaign, but even that theory suggests a certain ugly political opportunism at work. (One could also argue karma had some part to play in all this, since Clark earlier jumped all over Samantha Powers’ gaffe during the primaries.) Nonetheless, between this, the Senator’s switchback on telecom immunity (which I discussed in the comments here), and various other recent triangulations, the Obama campaign has had a pretty lousy week. I don’t know if it’s the recent influx of “veteran” hands, an attempt to beat back the National Journal liberal label, or just an early-summer malaise, but that sickly-sweet smell of Old-School Dem Politics is lingering in the air. Get it together, y’all. I know the polls look good, but this defensive-minded playing-not-to-lose is assuredly not the way to go.

Update: “I’ve said this for some weeks now, they’ve been repeated many times.” Clark sticks to his guns, and Webb has his back. Meanwhile, Salon‘s Glenn Greenwald makes the case against Obama’s last two weeks: “There is no question, at least to me, that having Obama beat McCain is vitally important…[but] his election is less likely, not more likely, the more homage he pays to these these tired, status-quo-perpetuating Beltway pieties.“

Update II: Obama clarifies on Clark: “I don’t think that General Clark you know had the same intent as the swift boat ads that we saw four years ago, I reject that analogy…I think in at least one publication was reported that my comments yesterday about Senator McCain were in a response to General Clark. I think my staff will confirm that that was in a draft of that speech that I had written two months ago.”

Update III: Fred Kaplan has a theory about Clark v. McCain: Grunts are from Mars, Flyboys are from Venus.

Webb 2.0? | The Twenty.

“The symbolism of all this to average swing voters just seems to me too powerful to pass up. The GOP is going to hang the elitist tag on Obama, as they’ve always done in recent elections. It’s worked in the last two elections, and it might well work in this one. But it stands far less a chance of working if Obama has this ruddy-faced, shit-kicking, pugnacious, southern white guy standing next to him vouching for him.” The Guardian Michael Tomasky makes the case for a Vice-President Webb, while The Prospect‘s Ezra Klein (he should stay in the Senate), Slate‘s Tim Noah (he’s too volatile), and The Atlantic‘s James Fallows (he’d hate the gig) demur.

Update: Webb aside, Sen. Kent Conrad leaks that the Obama campaign is currently floating a list of twenty or so names for veep. He “told CNN that some of those on the list are ‘top officials now,’ others are ‘former lawmakers’ and others are ‘former top military leaders.‘”

Should the Dems Secede?

“For the first time in 50 years, the party that controls both chambers of Congress is a minority party in the South. And in the last four presidential elections, the Democratic candidate has either garnered 270 electoral votes, the minimum needed to win, or has come within one state of doing so before a single Southern vote was tallied. Outside the old Confederacy, the nation is turning blue, and that portends a new map for a future Democratic majority.” In Salon, University of Maryland assistant prof. Thomas Schaller suggests the Dems should forget about the South. So, what happened to the 50-state strategy? As the critical importance of Senator-elect Webb’s recent win suggests, the Dems write off any region of the country at their peril.

World Wide Webb.

“A source close to Allen also told CNN that the senator ‘has no intention of dragging this out.'” It’s (semi)-official: AP and Reuters declare Webb the winner in Virginia, thus yielding a Democratic Senate. Excellent! “[A] Webb aide told CNN that he plans a formal news conference Thursday morning to declare victory.” Update: Now, it’s really official: Allen will concede this afternoon.

House Party! | The Senate in Sight…

Every single Dem incumbent returned to office. At least 26 more seats in the House. The nation’s first woman Speaker. Six new governorships. At least four Senate seats. And, if all goes well in Virginia (which, at 5am EST, is looking likely — Webb’s up 8,000, which is a pretty solid lead heading into a recount) and Montana (which seems positive for us, albeit less so — Tester’s up 5,000 with 85% reporting), perhaps even control of Congress…Yessir, all-in-all, it was a pretty grand night for us. So, Dubya and Karl…how you like them apples? Update: Make that 28 seats in the House and 5 in the Senate….soon to be six. Congress is ours!

Take Back the House!

Shady, harrassing “robocalls”, voter intimidation in Virginia, sketchy-acting electronic voting machines: yes, folks, it’s Election Day in America, and the frantic GOP are up to their usual bag of tricks. In the inimitable words of Baltimore Deputy Commissioner for Ops Bill Rawls: “American Democracy. Let’s show those Third World %@#$ how it’s done.“

Regardless, each side has had their November Surprise (for the Left, Haggard’s hypocrisy; for the Right, Hussein’s hanging), and now — at long last — it’s showtime: Time to show “the decider” what we really think of him.

For what it’s worth, I can now personally guarantee at least one vote for the not-particularly-embattled Spitzer/Clinton/Rangel/Cuomo ticket. I even used an old-school levered voting machine, so mine should more likely than not get counted.

Predictions? Of course, I’d like to venture a 1994-like tidal wave, but I’ve been burned by too many election nights in the past. So I’ll play it relatively safe…the Dems win the House, picking up 18-22 seats, and gain four seats in the Senate: Missouri, Montana, Ohio, and Pennsylvania. (So long, Santorum!) It looked like control of the Senate might’ve hinged on the Allen-Webb race in Virginia, but now that Harold Ford seems to have faded in Tennessee (one has to wonder how much Corker’s gutterball ad helped him), a Dem Senate looks really unlikely. Still, I’d love to be surprised in both states.

Obviously not winning the House at this point would be a grievous blow for the party. But, whatever happens tonight, it has to be better than the last midterms.

The last two times I posted exit polls here (in 2000 and 2004), I’ve been led astray, but if I see anything good from the Senate races, I’ll post it below. In the meantime, the NYT has a quality election guide here, and there are a couple of good explanations of what to look for tonight here and here. On this end, I and several of my friends who’ve been burned over the last few election nights together will be huddled around the TV, yearning to breathe free. Hopefully, at long last, it’ll be our night.