Dick Gephardt, House Democratic Leader, announced today he will not seek another term in that position. We're glad. He should never have crossed sides to support the war. Part of the blame for yesterday's disasterous election results lies at his feet--add Daschle to the list as well--we hope this means he won't seek the nomination for presidency in 2004.

We're behind Nancy Pelosi for leader of the dems in the house.

The sniper suspects have been charged in Virginia .

We'll have some analysis of this at the end of the workday.

Winona Ryder has been found not guilty of burglary but guilty of grand theft and vandalism. Our view: Unequal justice is no justice at all.

We repeat our prior views set forth here:

We believe that the DA's are treating Winona differently and more harshly because of her celebrity. The resources the city is spending to prosecute her for a first shoplifting offense is unprecedented. We think anyone else would have been offered a deferred judgment or a misdemeanor plea. Why is the prosecution so intent on getting a felony from her? If we were a taxpayer in Beverly Hills, we'd be angry and demand an explanation.

and here:

It really makes us angry to think of the state of California prosecuting an actress for allegedly stealing $6,000 from a luxury store when Kenneth Lay and his ilk haven't been charged with anything and allegedly stole millions or billions from the American people.

From NORML:

Disappointing Election Results Provide Opportunity For Self Assessment

Washington, DC: Yesterday's defeat of a trio of marijuana reform initiatives in Arizona, Nevada and South Dakota mark a temporary setback, but also offer an opportunity for self assessment, NORML Executive Director Keith Stroup said today. All three initiatives targeted separate aspects of marijuana law reform.

• ARIZONA

Arizona's proposal, which won only 43 percent of the vote, would have
replaced criminal penalties on minor marijuana offenses with a civil fine, and mandated the state to distribute medical marijuana free to qualified patients.

• NEVADA

Question 9 in Nevada, which won only 39 percent of the vote, sought to
eliminate all penalties on the possession of three ounces or less of marijuana, and mandated state officials to implement a system whereby adults could obtain pot through a legally regulated market.

• SOUTH DAKOTA

South Dakota's Initiative 1, which gained a reported 38 percent of the vote (with 769 of 844 precincts counted), sought to establish a state-licensing system so that farmers could legally grow the non-psychoactive variety of cannabis known as hemp.

Local marijuana reform initiatives fared much better in yesterday's
election.

• SAN FRANCISCO

In San Francisco, nearly 7 out of 10 voters approved Proposition S, which encourages the San Francisco Board of Supervisors to enact legislation authorizing the cultivation and distribution of medicinal pot by city officials.

• MASSACHUSETTS

In Massachusetts, voters in 19 State House districts approved non-binding resolutions instructing their state representative to vote in favor of making marijuana possession a civil rather than a criminal violation. Voters in Massachusetts' 14th Worchester District also endorsed a non-binding resolution supporting the use of medical marijuana, and voters in the state's 2nd Franklin District endorsed a proposal to legalize hemp cultivation.

Broader statewide drug reform initiatives also yielded disappointing results.

• OHIO and ARIZONA

An Ohio initiative (Initiative 1) mandating treatment rather than incarceration for non-violent drug offenders gained only 33 percent of the vote, and an Arizona proposal (Prop. 302) re-instituting probation and incarceration for some non-violent drug offenders passed with 69 percent of the vote.

• WASHINGTON DC

A Washington DC proposal (Initiative 62) mandating alternative sentencing for some drug offenders did pass overwhelmingly, but must still be approved by Congress.

NORML Executive Director Keith Stroup said there are many lessons drug-law reformers can learn from yesterday's outcome, and stressed the need for follow-up polling in Arizona and Nevada to better determine why a majority of citizens voted against these proposals. "Certainly, the political climate of this year's election was decidedly conservative, as evidence by the gains made by Republicans in both the House and Senate and the defeat of several other liberal, but non-drug reform initiatives around the country," he said.

"Specific to marijuana-law reform, however, it appears clear that although a majority of the public supports the legalization of medical marijuana as well as the decriminalization of small amounts of marijuana for personal use, much of the U.S. public remains skeptical of broader-reaching proposals - particularly those that mandate the state to become involved in either the distribution or regulation of pot. Drug law reformers also need to do a better job countering some of our opponents concerns, such as the issue of marijuana and driving as well as the rising use of marijuana by adolescents, as it is clear that much of
the voting public also shares these anxieties."

Nevertheless, despite yesterday's defeats, Stroup's outlook for the marijuana law reform movement remains optimistic. "Yesterday's losses represent a temporary setback, but it's one we know we can and will overcome. The American public stands solidly against our government's policy of arresting and jailing responsible adult marijuana smokers, and we will continue to make gains on this core issue."

As usual, Atrios goes straight to the heart of the reality:

"My post election wrap up is that the Democrats believed they shouldn't make this a national election. They were wrong. Gephardt should go, and probably Daschle as well. Here comes the flat tax! Here comes GOP uterus control!"

To that we can only add, here come more prisons, more detentions, more unfair treatment of non-citizens, more death penalty support and less tolerance all around.

And check out Jeff Cooper today.

Mondale Concedes to Republicans in Minnesota and the Republicans gain control of Congress.

What a disappointing day. We shudder to think at the ramifications for criminal justice reform and civil liberties' protection.

We really need to make a strong grass-roots effort to take back our government. If not for ourselves, for our children and the millions of politically disenfranchised and marginalized citizens and residents of this country.

Statistics from the Department of Justice show that 3.9 million felons are currently or permanently disenfranchised. That's a lot of potential votes--enough to affect the outcome of an election.

Here are the actual numbers on the impact of felony disenfranchisement from the recent report by the Sentencing Project:

· An estimated 3.9 million Americans, or one in fifty adults, have currently or permanently lost their voting rights as a result of a felony conviction.
· 1.4 million African American men, or 13% of black men, are disenfranchised, a rate seven times the national average.
· More than 2 million white Americans (Hispanic and non-Hispanic) are disenfranchised.
· Over half a million women have lost their right to vote.
· In seven states that deny the vote to ex-offenders, one in four black men is permanently disenfranchised.
· Given current rates of incarceration, three in ten of the next generation of black men can expect to be disenfranchised at some point in their lifetime. In states that disenfranchise ex-offenders, as many as 40% of black men may permanently lose their right to vote.
· 1.4 million disenfranchised persons are ex-offenders who have completed their sentences. The state of Florida had at least 200,000 ex-felons who were unable to vote in the 2000 presidential election.

Felony disenfranchisement laws vary from state to state. A grass-roots effort is already underway in each state. Connecticut, Delaware, Maryland, New Mexico, and Texas are the latest states to make some positive changes. In the past two years, Delaware and Maryland have substantially scaled back their lifetime voting bans and New Mexico repealed its prohibition entirely.

That leaves a lot of other states that we need to work on, particularly Florida. We need to increase awareness among policymakers that the voting rights of all citizens are essential in a democracy.

Here are the basics:

The five youths convicted in the Central Park Jogger case speak out in this week's Village Voice article Marked as the Enemy by Dasun Allah.

A related article, Across 110th Street, chronicles the changed lives of the families of the youths.

A Nevada ballot initiative to decriminalize possession of up to 3 ounces of marijuana for personal use was soundly defeated. According to ABC News, as of midnight, the results were:

No 272, 418 61%
Yes 173, 720 39%
% of precincts reporting: 83

We just left the Democratic headquarters an hour ago. Strickland was not there yet. The place was packed. We were glued to the tv and distressed by the Allard/Strickland numbers. We left before the race was called. Now home in front of the tv and computer, Fox just called the senate race for Allard. We're very sorry, we really think Strickland would make a far better Senator.

The only thing left to do now is begin the countdown to 2004. The Dems need to move back to the left and away from the moderate center. We need to stand for something, and for the past few years, there has been too little distinction between the democrats and republicans. Democrats weren't meant to be so centrist and mainstream, and unless they go back to their roots, we risk becoming a one party nation.

There's a part for us all to play here. Let's not nominate moderate democrats in 2004. Let's give the voting public a true choice. Let's go back to being leftists.

Eric Alterman on Altercation says it best:

"Still, I stand by what I've been saying. The Greens are the worst thing that has happened to the American Left since Communism. It's time for the idealistic people among them to wise up. After two years of far-right wing rule plus a pre-emptive war [opposed by Al Gore] brought to us courtesy of Nader and company, what do you need to convince you? An actual apocalypse?"

We couldn't agree more.

Update: 7:35 pm, results now

Allard (REP)* 49838 58%
Strickland (DEM) 33195 39%

But, the new precinct reporting is a rural conservative one (Joel Hefley's district) and is one which was expected to go for Allard.

The first results, listed below, were not from Denver, which we assume Strickland will win, but from a western/northern suburb, so that is good for Strickland.

Here are the first results in the Strickland Allard Race:

Strickland (DEM) 15485 55%
Allard (REP)* 12062 43%

Here is the link to page on the local news website which is counting the votes in the Strickland Allard race as they come in.

Here is the ABC News page counting the Colorado votes.

Thanks to Edward Still of VoteLaw for tipping us off to today's Washington Post article saying that Alabama is gaining the edge to be first for the sniper trial.

"While some sources with knowledge of the legal strategies being discussed said there is a strong push for the first case to be tried in the D.C. area, others noted that Alabama was becoming an increasingly attractive choice."

"The law enforcement sources said the Justice Department wants to ensure that the first case provides a clear prosecution victory -- both in verdict and punishment. They said the capital punishment laws in Alabama coupled with strong evidence in the Sept. 21 shooting outside a Montgomery liquor store are pushing that case up the list."

Translation: Ashcroft may pick Alabama for 2 reasons: It allows 17 year olds to be executed. It doesn't require the prosecution prove which person was the shooter to convict or get the death penalty. Not to mention they are big users of the death penalty.

But, will Ashcroft give up control to Alabama prosecutors and would such a decision be unpopular with the victim's survivors who may want to be able to follow the proceedings at close range and have input with the prosecutors? And will there be enough publicity for Ashcroft with a local prosecution in Alabama?

I still think Ascroft will pick Virginia where the feds can have a lot of input. Or that he'll take it federally first, charging killings during a Hobbes Act of extortion and use of a firearm to commit the crime. I also think he will leave the Virginia victims out of any federal Indictment as he did in the Complaint so that Virginia would be free to try them if the feds didn't get what they wanted.

Ashcroft really ought to get off the death penalty insistence for Malvo, the 17 year old. It is not going to go down well with the public outside the affected areas and will hurt us internationally.