Mr. Sessions Civil Asset Forfeiture is Theft

Mr. Sessions Civil Asset Forfeiture is Theft

Mr. Sessions Civil Asset Forfeiture is Theft

Attorney General Sessions is trying to make his mark on the Justice Department. Unfortunately, he chose to continue a despicable practice: Civil Asset Forfeiture. National Review describes this practice here

Asset forfeiture is a constitutionally questionable practice whereby property — often cash — is taken from citizens by police agencies who suspect, or at least say they suspect, that the property may have been come by illegally, often through the drug trade. Cash seized through asset forfeiture can be used by police departments, as can cash generated through the sales of seized property such as vehicles. The fact that police personnel can materially benefit from forfeiture proceedings creates a conflict of interest that would render forfeiture problematic even if it were used with discretion in accordance with the highest degree of procedural protections for the rights of the accused.

Gee what could possibly go wrong?  Here is one example.  A Church group had $53,000  confiscated by the cops.  All that was needed was a cop not liking the answers from the guy to seize cash and valuables.  Much as I like the police in general, this is not how you help them fight crime. National Review continues to explain why this is a Very Bad Idea:

No doubt many of the men and women on the terrorism watch-list are genuine bad guys, and no doubt many of those who have lost their property to asset forfeiture are peddling dope. But we are a nation of laws, which means a nation of procedural justice. If the DEA or the LAPD wants to punish a drug trafficker, then let them build a case, file charges, and see the affair through to a conviction. We have no objection to seizing the property of those convicted of drug smuggling — or of crimes related to terrorism, or many other kinds of offenses. We object, as all Americans should object, to handing out these punishments in the absence of a criminal conviction.

There is this thing called due process Mr. Sessions.  This is part of your agency’s mandate. Not doing so sends a disturbing message out. National Review is right:

No American should be deprived of liberty or property without due process, and the process due in these cases — which are predicated on underlying criminal activity — is a criminal trial rather than a civil action.

Reactions

I agree with Congressman Amash.

I hate seeing the results of the addiction epidemic and of drug use. It is heartbreaking to see children in a car watching mommy OD. But asset forfeiture is not how you solve the drug crisis in the inner cities small towns and suburbs Mr. Sessions.

Talk to the police, the first responders, the folks who have been fighting this war for decades and ask what works and what does not. And helping the police do their job correctly would be kind of helpful too Mr. Sessions. And that is in your scope of work. So how about it?

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5 Comments
  • Bob Rich says:

    He is looking more priggish every day.

  • Scott says:

    I would like to see some form of seizure, in that especially when it comes to drugs and terrorism, cash and other fungible assets can disappear quickly, long before trial, and continue to support those evil endeavors. That being said,it should only be a seizure, to keep it from disappearing, not a forfeiture, until they’ve been convicted, then take it all.
    On caveat to this is, as noted above, the Constitution applies to CITIZENS… if the individuals involved are not citizens, they have no such protections, and at that point, I say take it all immediately!

    • Gail Boer says:

      I am fond of the RICO laws which do allow criminal forfeiture. This civil forfeiture is used against citizens all the time. I would add legal residents to the protected group as well though. Thanks for the comments!

      • Scott says:

        I get your position on legal residents, but they still don’t legally have protection of the Constitution, and if they are engaged in criminal activity, that for the most part will void their legal status..

  • Brian Brandt says:

    The following is a comment from another conservative site on this law –

    Seizing property under an assumption of guilt is a tool to instill fear and intimidation……don’t even get on our radar OR ELSE. Same with the IRS and their goon policies. Seizing your property, making you prove your innocence while they use the time to build their case is contrary to EVERYTHING this country stands for and those that operate in this grey area need to be made fearful.

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