Joe Biden positioned himself as a champion of statehood

Joe Biden positioned himself as a champion of statehood

Joe Biden Fans

For the first two years of his presidency, Joe Biden positioned himself as a champion of statehood and home rule in the District of Columbia. The president urged Congress to make D.C. the 51st state—even as the Senate filibuster stood in the way—and vowed to defend District residents’ right to govern themselves through their limited local democracy. Any “denial of self-governance” in D.C., he proclaimed, is “an affront to the democratic values on which our Nation was founded.”


Then, on Thursday, he stabbed D.C. in the back. In a single tweet, the president reversed more than two years of staunch support for home rule—abandoning his principles the moment they became politically inexpedient. Biden announced that he would sign legislation nullifying the modernization of D.C.’s criminal code. His action will, perversely, make the District less safe, preserving an outdated 122-year-old criminal code whose ambiguities actually make it harder for prosecutors to charge violent crimes.


Just as importantly, Biden’s decision will empower congressional Republicans to continue overriding D.C.’s democratically enacted legislation, including progressive laws expanding the rights of immigrants, abortion providers, LGBTQ people, and other vulnerable groups. The president has, in effect, declared open season on the District’s democracy.

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EARTHQUAKE 268. ECONOMICS 269. EDUCATION 270. EDUCATIONAL 271. EGYPT 272. ELDERLY 273. ELECTION 274. ELEPHANT 275. ENGLAND 276. ENVIRONMENT 277. EPIC 278. EROTICISM 279. ESCAPE 280. ESPIONAGE 281. ESSAY FILM 282. EUROPE 283. EVIL 284. EX CON 285. EXORCISM 286. EXPERIMENT 287. EXPLOITATION 288. EXPLOSION 289. EXTRAMARITAL AFFAIR 290. EXTREME SPORTS 291. FACTORY 292. FAIRY TALE 293. FAITH 294. FALLING IN LOVE 295. FAMILY 296. FAMILY DRAMA 297. FAMILY RELATIONSHIPS 298. FAMILY SECRETS 299. FAN FILM 300. FARM 301. HORROR 302. ZOMBIE 303. THE DARK 304. FILMS 305. NORMAL 306. SUCCESS 307. STUDY 308. ABNORMAL 309. German Chancellor Olaf Scholz last visited Washington 310. Joe Biden has faced questions over whether he is best suited 311. Biden the most progressive president that we’ve had in a long time 312. Joe Biden team is moving to tap top Democratic allies 313. Joe Biden had a cancerous skin lesion removed last month 313. Joe Biden has claimed he'll stop all efforts to cut Social Security 314. Joe Biden positioned himself as a champion of statehood

Republicans, abetted by conservative media, have spread so many lies about the “D.C. crime bill” that rebutting all their misrepresentations would require an Infinite Jest–length treatise. Rather than tackle distortions one-by-one, I will simply explain what the measure truly does and how it came to be. The bill sought to address a problem that has roiled the District’s criminal legal system: Our criminal code was authored by Congress in 1901, and it is rife with vague and archaic provisions that create uncertainty about what constitutes a crime and how various offenses can be punished. The code ranks as one of the worst in the country in terms of clarity and consistency. For decades, many states faced similar problems. And so, starting in the 1960s, states began modernizing their criminal codes.


That is precisely what D.C. did, as well. To lead the effort, the D.C. Council created a commission staffed with attorneys and an advisory group of experts. This expert group included representatives from the D.C. attorney general’s office and the U.S. attorney’s office—which, together, prosecute all crimes committed in the District. The commission also invited a representative of the mayor’s office to take part in the overhaul, though Mayor Muriel Bowser showed little interest in the process and rarely sent a representative to participate. As I wrote in January, the commission’s work was comprehensive and extensively documented.


In the end, the advisory group—including representatives from both prosecutors’ offices—voted unanimously to send the commission’s recommendations to the council. After making small changes, the D.C. Council unanimously passed the bill twice. After refusing to participate in the process for years, Bowser abruptly vetoed the measure, citing misunderstandings that I will address shortly. The council easily overrode her veto.


By that point, however, Republicans had seized control of the House of Representatives. Congress has the power to nullify any D.C. law, though it has not done so for 30 years. Emboldened by the partial success of crime fearmongering in the midterms, House Republicans decided to target the criminal code revision for nullification. In the end, 31 Democrats joined every Republican in voting to override the measure (none of whom represent states close to D.C.). After Democratic Sen. Joe Manchin joined Senate Republicans in supporting nullification, the override was one vote—and one presidential signature—away from success. (The filibuster doesn’t apply to bills that override D.C.’s laws.)


Biden had previously announced his opposition to the nullification effort, and he might have staved off further defections in the Senate by promising a veto. Instead, he abruptly changed course on Thursday, promising the sign the bill if it reached his desk. His support guarantees that it’ll pass the Senate with multiple Democratic votes.

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