WSJ Editorial - Reining in Mr. Sessions
Attorney General Jeff Sessions recently provoked bipartisan opposition when he revived a civil asset-forfeiture program that had been restricted by his predecessor, Eric Holder. Last week a bipartisan coalition brushed Mr. Sessions back with amendments to the annual appropriations package working its way through the House.
The program allows local and federal law enforcement to take property from people who havent been convicted of any crimeand then share in the spoils. In theory, civil asset forfeiture ensures that crime doesnt pay by allowing law enforcement to seize homes, cars and cash thought to be paid for or generated by illegal activity. Thats why Mr. Sessions calls it a key tool against organized crime.
In practice, it means property can be taken from people without due process or criminal culpability. A March report from Justices Inspector General noted that the department doesnt even have a way to measure if these seizures are advancing criminal investigations. In short, it invites abuse.
Last week House members passed, by voice vote, five forfeiture amendments that showed their displeasure. An amendment by Darrell Issa (R., Calif.) redirects $10 million in funding for Justices asset forfeiture to a program designed to help local governments reduce the backlog of unprocessed rape kits. A Peter Roskam (R., Ill.) amendment bars bonuses for certain Justice employees until they decide on a backlog of 255 asset forfeiture cases referred by the IRS.
Three other amendments target the adoptive forfeiture aspect of the program, which allows local law enforcement to make end runs around state prohibitions by working with the feds. Three separate amendmentsfrom Jamie Raskin (D., Md.), Tim Walberg (R., Mich.) and Justin Amash (R., Mich.)limit the funding Mr. Sessions can use to implement his program.
Though Congress will have to pass a separate law to make these restrictions permanent, these are a victory for property rights and due process. Who says Washington is so polarized that Republicans and Democrats cant agree on anything?
https://www.wsj.com/articles/reining-in-mr-sessions-1505677336