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.

A Fork in the Road.

“It’s a debate that the Bush administration never seriously had in the seven years following the post-9/11 invasion. Now, by contrast, in the wake of three major strategic reviews, Obama is extending and deepening the discussion of Afghanistan, because the outcome of this debate may set the course of American foreign policy for the remainder of his presidency.” Counter-terrorism (CT) or counter-insurgency (COIN)? In Slate, Fred Kaplan discusses the major decision on Afghanistan before Obama this week.

Update: “‘We have a clear and focused goal: to disrupt, dismantle and defeat al-Qaeda in Afghanistan and Pakistan, and to prevent their return to either country in the future,’ Obama said. ‘That is the goal that must be achieved.’” The president announces our new Af-Pak strategy. Sounds like the COINS won out. Update 2: Or did they? Call it CT-plus.

Clinton: Mea Culpa, Mexico.

“‘I feel very strongly we have a co-responsibility,’ Clinton told reporters accompanying her to Mexico City a day after the Obama administration said it would send more money, technology and manpower to secure the Southwestern frontier and help Mexico battle the cartels.” During a visit to our ailing neighbor, Secretary of State Clinton admits American culpability in the exacerbating of Mexico’s drug war. “‘Our insatiable demand for illegal drugs fuels the drug trade,’ she said. ‘Our inability to prevent weapons from being illegally smuggled across the border to arm these criminals causes the deaths of police officers, soldiers and civilians… Clearly, what we have been doing has not worked and it is unfair for our incapacity… to be creating a situation where people are holding the Mexican government and people responsible,’ she said.’That’s not right.’

Well, cheers to Sec. Clinton for being honest about some of the causes of Mexico’s escalating drug violence. Still, in pledging tighter borders, more troops, yadda yadda yadda, she and the administration are still dancing around one of the more obvious solutions to the problem.

(State) Secrets and Lies.

“‘Any way you look at it, it’s pretty remarkable,’ said Jon B. Eisenberg, an attorney for al-Haramain. ‘This is an executive branch threat to exercise control over a judicial branch function.’” Rather than Chuck Todd and Ed Henry falling over each other with ill-thought-out, gotcha garbage that conforms to GOP talking points, here’s a question I’d like to have heard the president answer last night: What the hell is going on at the Obama Justice Department, vis a vis the state-secrets privilege? “Civil liberties advocates are accusing the Obama administration of forsaking campaign rhetoric and adopting the same expansive arguments that his predecessor used to cloak some of the most sensitive intelligence-gathering programs of the Bush White House.” That is not at all what we voted for, and it’s nigh time we got a good explanation of why Holder et al are continuing to play by the Dubya playbook.

Obama’s Progressive Solution.

“Officials said the proposal would seek a broad new role for the Federal Reserve to oversee large companies, including major hedge funds, whose problems could pose risks to the entire financial system.” With the AIG bonuses setting the table, the Obama administration prepares to unveil an overhaul of the nation’s financial regulatory apparatus. “It will propose that many kinds of derivatives and other exotic financial instruments that contributed to the crisis be traded on exchanges or through clearinghouses so they are more transparent and can be more tightly regulated. And to protect consumers, it will call for federal standards for mortgage lenders beyond what the Federal Reserve adopted last year, as well as more aggressive enforcement of the mortgage rules.”

Whatever malarkey you hear from the GOP about “creeping socialism” over the next few weeks, keep in mind that no less a Republican than Teddy Roosevelt deemed this sort of solution — accountability, transparency, tighter oversight of the financial sector by the federal government — the “New Nationalism” a century ago. In this arena, at least so far, President Obama seems to be living up to his Progressive promise.

Update: “‘Our system failed in basic fundamental ways,’ Geithner told the committee. ‘Compensation practices rewarded short-term profits over long-term returns. Pervasive failures in consumer protection left many Americans with obligations they did not understand and could not sustain. The huge apparent returns to financial activity attracted fraud on a dramatic scale..,To address this will require comprehensive reform. Not modest repairs at the margin, but new rules of the game. And the new rules must be simpler and more effectively enforced.‘” Secretary of the Treasury Tim Geithner unveils the new regulatory package. [Highlights.] “He said financial products and institutions should be regulated according to their economic function and the risks they pose, not their legal form. ‘We can’t allow institutions to cherry-pick among competing regulators and shift risk to where it faces the lowest standards and weakest constraints,’ he told the committee.”

Paging the Populists…and Howard Beale.

“As Congress and President Obama rush to balance solidarity with a new wave of populist anger alongside the need for smart policy during a crisis, they might reflect on how well previous politicians fared at the task. History does not repeat itself. But sometimes it does hum a familiar tune.” In the wake of the furor over the AIG bonuses, and borrowing heavily from Alan Brinkley‘s Voices of Protest as well as his own work, historian Michael Kazin gives a brief historical overview of populism in Newsweek. (See also Rick Perlstein in the same magazine, who thinks that recent cries of “populist rage” might be somewhat overstated: “What makes this rage ‘populist’? This is ordinary rage, rational and focused…You might more accurately call that common sense.“)

I must confess, I find the very-recent press fascination with its latest toy, “populism,” to be more than a little irritating. This is partly because, as with the “socialism!” craze of a few weeks ago, the discussion — above articles excluded — rarely goes any more than an inch deep, and is clearly fueled more by whatever dodgy sound-bites emanated from the Limbaugh-types that morning than any sort of grounded historical thinking. It’s also because, to my mind, the endless tirade of ignorant, self-satisfied, surface-skimming blather vomited forth by the establishment media these days is as much a cause for a populist uprising as the rapacious greed of the asshats at AIG.

From the manifestly idiotic and off-topic lines of questioning of the White House press corps last night, to partisan hacks like AP’s Ron Fournier carrying water for the broken GOP by pushing dumb memes about teleprompters (see also Rick Santelli a few weeks ago), and from self-important blowhards like Howard Fineman conjuring up nonsense out of thin air about the purported dissatisfaction of his chummy club to the host of distractions and non-issues we are endlessly barraged with these days, the mainstream press is worse than failing us — it’s part of the problem.

This is nothing new, of course. From l’affaire Lewinsky to Judy Miller’s WMD to any number of other issues, the establishment media has been at best lazy, simpering, ratings-driven schlock and at worst dangerously ennabling of corrupt GOP behavior over the years. It’s aggravating at the best of times. But we really can’t afford this idiotic water-carrying for Republcans or the smug sense of entitlement that exudes from every pore of the establishment-media overclass, at the moment, as we try to extricate ourselves from the gimongous economic hole dug over the past eight years.

So, Lou Dobbs and your like, next time you endlessly prattle on about how angry the people are getting at Wall Street and/or Obama right now, just remember: Be careful what you wish for. If push comes to shove, there’s a good bet you’ll end up on the wrong end of the pitchfork as well. (AL link via Liam.)

Stimpak Applied.

“We have begun the essential work of keeping the American Dream alive in our time. Now, I don’t want to pretend that today marks the end of our economic problems. Nor does it constitute all of what we’re going to have to do to turn our economy around. But today does mark the beginning of the end…The American Recovery and Reinvestment Act that I will sign today — a plan that meets the principles I laid out in January — is the most sweeping economic recovery package in our history.Back in Denver for the day, President Obama signs the ARRA economic stimulus bill into law. [Remarks.] “‘We have done more in 30 days to advance the cause of health-care reform than this country has done in an entire decade,’ Obama said, prompting a standing ovation.

As with the initial versions, the final bill passed without a single GOP vote in the House and only three Republicans — Snowe, Collins, Specter — in the Senate. Y’know, it’s bad enough that these situationally-ethical jokers stand in the way of what obviously needs to be done to get our economy moving again. (I don’t remember any calls for spending restraint, or any worries about pork, in the flush times when Boss DeLay was running the show, or when both Reagan and Dubya were ratcheting up the deficit to all hell.) But, it offends the senses to have to listen to the aggressively stupid talking points Republicans tend to trot out these days. For example, the party’s new leader, Michael Steele: “Not in the history of mankind has the government ever created a job.” (The armed services notwithstanding, who does he think the runs the government? Elves? Hey, Mr. Steele, look down — we call those roads.) Or consider South Carolina Sen. Jim DeMint: “This is not a stimulus bill. It’s just a spending bill.” Econ 101: A stimulus bill is a spending bill. (They do in fact teach this in SC — I can attest to it.)

Worse still, the national newsmedia has been failing miserably in their coverage of the stimulus battle, by continually enabling these Republicans to spout their inanities without comment. It reminds me of Paul Begala’s “Neil Armstrong Principle,” which I heard him break down on Charlie Rose a few months back: “If John McCain and Sarah Palin were to say the moon was made of green cheese, we can be certain that Barack Obama and Joe Biden would pounce on it, and point out it’s actually made of rock. And you just know the headline in the paper the next day would read: ‘CANDIDATES CLASH ON LUNAR LANDSCAPE.’” Too true.

Well, at least the durned thing passed. I’m sure the bill has its problems, not the least that it was transformed and watered down in an attempt to placate a bunch of Republicans who were never in a million years going to vote for it anyway. Perhaps, when we move forward now, we can focus on writing good policy that will get this economy and our country moving again, rather than catering to the whims of the naysayers, political opportunists, and/or flat-earth morons that comprise today’s GOP.

“The Audacity of Dope.”

“Marijuana is California’s largest cash crop. It’s valued at $14 billion annually, or nearly twice the value of the state’s grape and vegetable crops combined, according to government statistics…But the state doesn’t receive any revenue from its cash cow. Instead, it spends billions of dollars enforcing laws pegged at shutting down the industry and inhibiting marijuana’s adherents.” Also in Slate: In the wake of California’s money troubles, Daniel Gross makes the economic case for marijuana decriminalization.

“So what are the numbers? A national legalization effort would save nearly $13 billion annually in enforcement costs and bring in $7 billion in yearly tax revenues, according to a study by Harvard University economist Jeffrey Miron…That doesn’t include any indirect revenues as, for example, rural farming communities grow or marijuana tourism, which has been lucrative for the Netherlands, takes off.

The obvious economic benefits aside, it’s well nigh time to establish a sane drug policy in this country. And weed in particular is an easy call. We haven’t had a drug-free American president since 1992 (at best), and yet we still pretend that a goofball like Michael Phelps ripping bong hits is some sort of egregious sin? Time to grow up, people.

The Whole Truth, and Nothing But.

“Rather than vengeance, we need a fair-minded pursuit of what actually happened.” Judiciary Committee chairman Senator Patrick Leahy calls for a “truth commission” to investigate Dubya-era abuses. “‘We need to be able to read the page before we turn the page,’ Leahy said. ‘We need to come to a shared understanding of the failures of the recent past.” Ok, sounds grand…but perhaps we should stop perpetuating those abuses while we’re at it.

Tortured Reasoning…Again.

“Eric Holder’s Justice Department stood up in court today and said that it would continue the Bush policy of invoking state secrets to hide the reprehensible history of torture, rendition and the most grievous human rights violations committed by the American government. This is not change. This is definitely more of the same.” Meet the new boss, same as the old boss? The Obama administration and Holder Justice Dept. uphold Dubya’s dubious use of a “state secrets” privilege to put the kibosh on a lawsuit put forward by five men “extraordinarily rendered” by the CIA.

See also a livid Glenn Greenwald for the details: “The entire claim of ‘state secrets’ in this case is based on two sworn Declarations from CIA Director Michael Hayden — one public and one filed secretly with the court. In them, Hayden argues that courts cannot adjudicate this case because to do so would be to disclose and thus degrade key CIA programs of rendition and interrogation — the very policies which Obama, in his first week in office, ordered shall no longer exist. How, then, could continuation of this case possibly jeopardize national security when the rendition and interrogation practices which gave rise to these lawsuits are the very ones that the U.S. Government, under the new administration, claims to have banned?

Update: Sensing the likely blowback, one presumes, the Justice Dept. announces it’ll be reviewing Dubya’s “state secrets” claims in due course. “It’s vital that we protect information that if released could jeopardize national security, but the Justice Department will ensure the privilege is not invoked to hide from the American people information about their government’s actions that they have a right to know.” So apparently, the ugly details of our now-defunct(?) extraordinary rendition policy aren’t among the actions we should have any clue about. Ugh…this one definitely goes in the Carcetti file.