That potential loophole in the forfeiture reform many people pointed out last week turns out to be big enough to drive 86% of joint federal/state asset seizures through. I initially got caught up in the excitement too. But the closer I looked, the less there was to the new policy. I do not mean to imply that it wont accomplish anything worthwhile. Even eliminating 14 percent of the Equitable Sharing Program is a welcome step, although 100 percent (as recommended by four members of Congress, including three conservative Republicans, in a recent letter to Holder) would have been better. Holders change surely will prevent some injustices. But it is important to recognize that he is talking about a small piece of equitable sharing and an even smaller piece of all federal forfeitures, which of course do not include forfeitures carried out under state laws (over which Holder has no authority). More-ambitious reform will require action by Congress and by state legislators.
Posted on: Tue, 20 Jan 2015 19:14:49 +0000
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