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« Reply #1 on: July 25, 2017, 06:27:54 PM » |
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The Patriot Post Digest 7-24-2017
From The Federalist Patriot
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This egregious overreach was one of the factors precipitating the American Revolution, and the creation of the Fourth Amendment. When it became part of the Constitution, it only applied to the federal government. The Due Process Clause of the 14th Amendment expanded its application to the states. Regardless, the Supreme Court has “traditionally affirmed expansive civil forfeiture rules by reference to colonial practices rooted in admiralty, piracy, and customs law,” attorney David French explains27.
And Sessions, using the never-ending war on drugs as his rationale, has re-instituted practices known as equitable sharing and adoption. “Those practices permit the federal government to process civil forfeitures on behalf of local officials,” Lee explains. “After the forfeiture has been processed and litigated under federal rules, the feds sell the property and give some of the cash back to the local officials. That allows local officials to bypass local laws, which often provide more procedural protections than federal rules. Both the local and federal officials benefit from the racket.”
The move seemingly undermines the 24 states and the District of Columbia that have passed28 civil forfeiture reform laws since 2014, including three — North Carolina, New Mexico and Nebraska — that have abolished civil forfeiture entirely. At best, Sessions’ efforts elicit substantial questions about federalism.
At worst, they completely mock due process. “In civil forfeiture, authorities don’t have to prove guilt, file charges or obtain a conviction before seizing private property,” Fox News explains29.
Toward what end? An extensive 2010 report30 by the Institute for Justice reveals civil forfeiture is really about “policing for profit, as agencies pursue forfeitures to boost their budgets at the expense of other policing priorities.”
That’s a bit of an understatement. A report31 released last April by the DOJ’s Office of the Inspector General reveals its forfeiture programs brought in approximately $28 billion over the last decade. Appallingly, the report was based solely on a 100-case sample — because the feds don’t keep overall data for further study.
Those cases revealed that only 44 of the 100 seizures were connected to ongoing investigations, led to additional investigations, or precipitated arrests and/or prosecutions. “When seizure and administrative forfeitures do not ultimately advance an investigation or prosecution, law enforcement creates the appearance, and risks the reality, that it is more interested in seizing and forfeiting cash than advancing an investigation or prosecution,” the report stated.
In an age where government at every level spends more than it takes in, is there any doubt this contemptible method of budget-padding resonates in far too many locales?
And not just in violation of the Fourth Amendment’s “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” The Fifth Amendment states Americans cannot be “deprived of life, liberty, or property, without due process of law.” How that squares with law enforcement officials’ ability to seize assets prior to any process of law other than an unsubstantiated allegation is anyone’s guess.
Sessions is at loggerheads with Supreme Court Justice Clarence Thomas, whose track record31 on the subject reveals he is distinctly at odds with the practice. In 1993’s U.S. v. James Daniel Good Real Property, Thomas stated that he was “disturbed by the breadth of new civil-forfeiture statutes.” Three years later, despite deferring to the majority about the seizure of a wife’s car after her husband had sex with a prostitute in it, Thomas wrote a separate concurrence, stating those unaware of history and legal precedents “might well assume that such a scheme is lawless — a violation of due process.” And despite its ineligibility for Supreme Court review, Thomas nonetheless offered his opinion32 in Leonard v. Texas, where police again seized assets absent a criminal procedure. “This system — where police can seize property with limited judicial oversight and retain it for their own use — has led to egregious and well-chronicled abuses,” he wrote.
These abuses have prompted Congress to act. In March, Sen. Rand Paul (R-KY) introduced33 the Fifth Amendment Integrity Restoration Act. A companion bill was introduced by Rep. Tim Walberg (R-MI) in the House. Paul’s bill eliminates equitable sharing; reinstates the principle of innocent until proven guilty; requires clear and convincing evidence; protects the right of counsel; removes the profit incentive; reforms IRS seizures; and requires the DOJ to compile and publish data on seizures.
The effort appears to have bipartisan support. “There are over 200 editorials arguing to do away with civil forfeitures. It was part of both the Democratic and Republican platforms at last summer’s conventions,” Institute for Justice senior attorney Darpana Sheth told34 Fox News. “I can’t think of any other issue that enjoys such cross-aisle support.”
One hopes. And one hopes that, given President Donald Trump’s oft-stated commitment to law and order, he and Sessions recognize civil asset forfeiture laws are the epitome of an unconstitutional “ends justify the means” approach to law enforcement.
MORE ANALYSIS FROM THE PATRIOT POST
Al Gore’s Inconvenient Sequel35 — The former vice president, flush with cash from Al Jazeera, has returned with part two of his climate screed.
Government Can’t Fix Health Care36 — Why is the government so bad at health care? Why did ObamaCare make it more expensive than it already was? Is there a solution?
BEST OF RIGHT OPINION
George Will: The Wild Blue Yonder Ain’t What It Used to Be37
Jeff Jacoby: ‘Let ObamaCare Fail,’ Says Trump. It Already Has.38
Burt Prelutsky: Imagine Hillary in the White House39
For more, visit Right Opinion40.
OPINION IN BRIEF
Burt Prelutsky: “I had hoped that with Donald Trump in the White House and James Mattis heading up the Defense Department, social engineering would no longer be mandated by the Pentagon. But, apparently, I was mistaken. It seems the generals are still basing their decisions on political correction, military preparedness be damned! Why else would they be rolling out the red carpet for transgenders? What can that lead to but chaos and madness? The argument that the military should be welcoming to anyone who wishes to help defend the nation sounds good, but, in reality, it means that male soldiers will have the right to infiltrate female barracks, showers and latrines, and that anyone who complains of the insanity will face military discipline. It’s awfully hard for me to imagine that people who are that bewildered by basic biology are well-suited to complete basic training.”
SHORT CUTS
The Gipper: “How can we not do what is right and needed to preserve this last best hope of man on Earth? After all our struggles to restore America, to revive confidence in our country, hope for our future — after all our hard-won victories earned though the patience and courage of every citizen — we cannot, must not and will not turn back. We will finish our job. How could we do less? We’re Americans.”
For the record: “When you lose to somebody who has 40% popularity, you don’t blame other things — Comey, Russia — you blame yourself. So what did we do wrong? People didn’t know what we stood for, just that we were against Trump.” —Senate Minority Leader Chuck Schumer on Hillary Clinton
Non Compos Mentis: “Gas prices are sticky — you know, when the domestic price … for oil goes up on the markets, it goes right up but it never goes down.” —Chuck Schumer (Only the “experts” believed gas prices would remain permanently high.)
Belly laugh of the week: “Maybe I’ve been too aggressive at times? I know some of the candidates that I’ve covered might think I’ve been too aggressive. I know that Hillary Clinton didn’t like being asked a lot of the questions she got asked on rope lines, but if she had had more news conferences and been more accessible, maybe we wouldn’t have to chase her down at rope lines.” —NBC’s Andrea Mitchell
Braying Jackass: “The great deal maker failed to make a [health care] deal. And so now he’s just saying I am going to imperil 30 million Americans. … That’s just not a cynical way that’s violating his promises, that’s sinister. It’s evil to plot against Americans like that.” —Sen. Cory Booker
And last… “Sessions is doing exactly the wrong thing by doubling down on asset seizure. The message it sends is that the feds see the rest of us as prey, not as citizens. The attorney general should be ashamed to take that position.” —Glenn Reynolds
Semper Vigilans Fortis Paratus et Fidelis
Managing Editor Nate Jackson
Join us in daily prayer for our Patriots in uniform — Soldiers, Sailors, Airmen, Marines and Coast Guardsmen — standing in harm’s way in defense of Liberty, and for their families. |
