Eric Holder Ends Horrible Civil Asset Forfeiture Program

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I was getting better over the weekend, then yesterday I relapsed back into coughing fits. And today is a holiday anyway, so probably blogging will be light. But I hate to let this development from last Friday continue to go unremarked:

Attorney General Eric Holder on Friday announced sweeping changes to a federal civil asset forfeiture program that local law enforcement agencies have been able to use to seize property.

….Under new rules announced Friday, federal agencies will no longer be able to accept or “adopt” assets seized by local and state law enforcement agencies — unless the property includes firearms, ammunitions, explosives, child pornography or other materials concerning public safety. Holder described the new policy as the “first step in a comprehensive review.”

This is a big deal. Civil asset forfeiture allows police departments to seize property—usually money and cars—from people they merely suspect of a crime. No conviction is necessary, and victims have no recourse unless they have the means to sue to recover their property. All by itself this has been a scandal for a long time, but the federal program Holder eliminated has been the biggest scandal of all. It’s bad enough that civil asset forfeiture even exists as a legal doctrine, but it’s beyond comprehension that the feds would actively encourage abuse of forfeiture laws by creating a program that allows police departments to keep most of the money they seize. This is practically an invitation to steal money from innocent people.

So good for Holder for ending this program. If cops are going to be allowed to seize property from people they merely suspect of crimes—or, in some cases, pretend to suspect of crimes, wink wink nudge nudge—they sure as hell shouldn’t be allowed to keep the stuff and sell it in order to buy themselves a bunch of shiny new toys. The possibilities for abuse are obvious and have been well documented. We’re well shut of this horrible program.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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