HYPOCRISY WATCH

When Bernie Sanders, Conventional Politician, Called for Still More Mass Incarceration

It’s past time for the Vermont pol to start explaining himself.

Could Bernie Sanders be starting to look ever so slightly like just another pol? Not to his besotted legions, of course. For them, nothing can tarnish the great man. But for other voters, the past week may mark a turning point in the way he’s perceived.

I have three events in mind. First was the Hillary-is-not-qualified business. Yeah, he walked it back fast, but not before he grossly mischaracterized what Clinton had said on Morning Joe and then went out and raised money off of his own mischaracterization! Far be it from me to suggest that the righteous one ever reads a poll, but I bet he does, and I bet his were showing that the controversy was killing him.

Second was the Vatican dust-up. What really happened there, who knows. But if your behavior leads two Vatican officials to start cat-scratching each other on the record, you have not won the morning. Given that he’s apparently not meeting with the Pope, I have no idea at this point why he’s even going. We all get that it’s a pander for Latino votes in New York, but why not just spend that time meeting actual Latino voters?

But third and biggest by far is Sanders’s continuing hypocrisy regarding the 1994 crime bill. Hypocrisy is a strong word. Is it fair? Well, he’s been going around for months criticizing both Clintons on the bill. But of course, as we know, he voted for it. And as we learned Sunday from Clinton surrogate John Podesta on ABC, Sanders boasted as recently as 2006 that he was tough on crime because he supported the ’94 bill.

Say what you want to say about the bill. It was really bad in many respects. It did help contribute to mass incarceration, especially of young black men. These arguments weren’t secrets at the time. Many people made them. In the House, about one-third of Democrats voted against the bill, most of them liberal or African-American (or both) critics of the bill on exactly these grounds. So Congressman Sanders was sitting on the House floor, or in the Democratic cloakroom, being exposed to these arguments, and he still voted for it.

He says it was because of the provisions that cracked down on violence against women. Fine; laudable, even. But if he gets credit for the good parts, don’t Bill and Hillary get that credit, too?

The story gets worse for Sanders. Over the weekend, an excerpt of remarks Congressman Sanders had inserted into the Congressional Record in 1995 started making the rounds. A debate was raging at the time about the crack-powder cocaine sentencing disparities (black people were more often arrested on crack charges, for which the sentencing guidelines were much harsher). The U.S. Sentencing Commission had recommended to Congress that it eliminate the disparity (PDF). It meant that Congress should do so by lowering the guidelines for crack so that they’d be equal to those for powder. Most Democrats, of course, supported this change.

Sanders? Well, he wanted to eliminate the disparity—but by raising the powder guidelines to those for crack! Here are the salient sentences, from the Record of Oct. 18, 1995, tweeted over the weekend by James E. Carter IV, President Carter’s grandson:

“This Congressman thinks that drugs are a scourge on America, and I strongly believe we must fight cocaine use in any form. We should be addressing the fairness issue by raising the punishment for powder cocaine, not lowering the sentence for crack offenses. I am deeply disturbed that this was not given as an option today.”

Well, I’ll give him this much. The Sanders option would have eliminated the disparity. But it would have done so by throwing millions more people behind bars for years, ruining that many more lives, black, white, and otherwise. It’s totally at odds with Sanders’s rhetoric, which I agree with by the way, about how we need to give young people from difficult circumstances more opportunity. Bernie wanted to give young people from all circumstances less opportunity. He may never have used the word “superpredators,” but he sure seems to have believed in their existence.

Why was Sanders such a law-and-order type? It’s hard to know, since of course he never talks about it and now says just the opposite, with all that imperious moral thunder that some find bewitching and others bothersome or bewildering. But this excellent Yahoo! News piece from early February lays the record out. He even voted against a bill in 1995 that would have established separate drug courts and taken steps to demilitarize police departments, preventing them from using any money in the act in question (which failed) for the purchase of Army-style tanks or aircraft.

It’s hard to imagine that crime was raging across the state from Burlington to Brattleboro. Maybe it was, by Vermont standards. Or maybe he just believed it was. But if he did believe it, he ought to just say so and explain why.

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Hillary Clinton’s record on these matters is compromised as well. But at least the Clintons acknowledge error. Bill said last summer that the crime bill made mass incarceration worse. Hillary, in her first major speech of her campaign, also last year, ducked mentioning the crime bill by name but clearly spent parts of the speech criticizing it.

The Clintons, quite imperfect the both of them, live in a world where things are complicated, history advances and changes, and you have to rethink and explain. Sanders lives in a world where no explanation is ever required of him. Clinton has a week to change that.

UPDATE: A friend who worked on the Hill in the 1990s and works now as a prison reform advocate wrote me to point out that Sanders was hardly alone in opposing the McCollum bill. President Clinton threatened to veto it because it risked the 100,000 cops he'd promised to hire, and nearly every Democrat was against it, so Sanders's position on that was not an outlier. Fair enough; I'm happy to correct the record on that one.