In this incredibly polarized political climate, liberals and conservatives rarely agree on anything. But one issue has both groups united in their desire to stop a government practice that is both abusive and fundamentally un-American—civil asset forfeiture.
In scores of cities and towns, law enforcement simply takes property from citizens, then sells or keeps it. They say that the property is related to a crime. But no one needs to prove that the property owner broke any law. Indeed, there are cases where everyone agrees he or she is innocent. And still the stuff is taken!
This is a practice which has grown over the last few decades—particularly in the wake of large amounts of wealth gained by drug lords. However, it’s been increasingly applied to the seizure of anyone’s property, including everyday people merely suspected of participation in illegal activity. It has served as a way for the police to take property from people who have not even been convicted of crimes, leaving them little recourse to reclaim their belongings. It disproportionately impacts black and brown people. It is a practice so heinous that even Supreme Court Justice Clarence Thomas criticized it earlier this year.
Four states—Colorado, Connecticut, Illinois and Pennsylvania have introduced bills against it so as to protect the property of the innocent.
Sen. Rand Paul and Rep. Tim Walberg have also introduced reform legislation at the federal level. As one conservative writer at the Washington Examiner opined:
“It’s not a pro-police program; it’s a constitutional evil. It gives law enforcement the right to strip Americans who’ve not been convicted of any crime—and in many cases, not even formally charged—of their properties, including cash, cars, homes, airplanes, boats, etc.”
So given that this is the one issue that both parties think is a horrible practice, why is it that Attorney General Jeff Sessions just decided to expand it?
On Wednesday, he issued an order which increases the federal government’s use of civil asset forfeiture. His claim is that this is a necessary thing to do to stop drug traffickers, in particular. This is in line with his completely useless and unnecessary return to the 1980s War on Drugs and subsequent desire to lock up as many black and brown people as possible. It has no basis in reality or sound policy, and isn’t even backed by his own party. And yet, he persists.
Sen. Mike Lee (R-UT), a consistent Republican advocate for reforming asset forfeiture laws, said in a statement to Reason Monday: "As Justice Thomas has previously said, there are serious constitutional concerns regarding modern civil asset forfeiture practices. The Department has an obligation to consider due process constraints in crafting its civil asset forfeiture policies."
Jeff Sessions is hellbent on taking America back into the Stone Age. Even his own party won’t stand behind him on this one. “Another Republican critic of asset forfeiture, Rep. Justin Amash of Michigan, tweeted Monday that "This policy takes us backward. Congress must step up to protect the property of Americans from a government that keeps stealing from them." How much more proof do we need that Jeff Sessions shouldn’t be anywhere near the Justice Department? It’s going to be a long, hard four years.