Category: Accountability

Equitable Stealing?

civil asset forfeiture, asset, forfeiture, police, abuse, stealing, theft, property, Common Sense

Is freedom a simple matter of drafting a lofty document about respecting the rights of citizens?

Alas, no.

Our Constitution does that, as does Turkey’s and, for that matter, so did the now-defunct Soviet Constitution. Obviously, vigilance is also required. Keeping powerful government agencies respectful of the law — our liberties — and, when not, fully accountable for transgressions, is crucial.

That necessary vigilance is lacking here in America, today.

Your local police — the guys and gals who might respond if, heaven forbid, your home were broken into, or come upon your spouse broken down on a dark, rainy highway — are being encouraged to take people’s stuff … for “profit.”

It’s called civil asset forfeiture. This “legal” ability to stop people and snatch their money (or car or what-have-you) without ever charging anyone with a crime forces victims to hire a lawyer to sue the government to prove their stuff is innocent.

Last Friday, I heralded a new Institute for Justice report on the growth of this dangerous practice of official police thievery. At Townhall on Sunday, I pointed out that even when reforms are enacted at the state and local level, federal law enforcement still facilitates civil forfeiture. The Feds encourage locals to continue taking stuff through a federal program known as “equitable stealing.”

No, my bad, it’s actually called “equitable sharing.”

But it’s the same thing, just with the Feds and locals splitting the loot.

We need new laws at the federal, state and local level that abolish forfeiture without a criminal conviction. If our “leaders” won’t act, we can petition at the local level to end this pernicious policy, forbidding any involvement with the Feds.

This is Common Sense. I’m Paul Jacob.

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Tags asset forfeiture, civil asset forfeiture, crime, feds, police, property, property rights

Accountability crime and punishment general freedom judiciary moral hazard national politics & policies property rights

Our Innocent Stuff

civil forfeiture, civil asset forfeiture, crime, theft, police, abuse, property rights, Common Sense

The Institute for Justice’s new report, Policing for Profit: The Abuse of Civil Asset Forfeiture, details a “big and growing problem” that “threatens basic rights to property and due process.”

Through both criminal and civil forfeiture laws, governments can seize property used in — or the proceeds of — a crime. Criminal forfeiture requires that a person be charged and convicted of a crime to transfer title to government. Civil forfeiture, on the other hand, allows governments to take people’s stuff without being convicted — or even charged — with a crime.

No surprise that 87 percent of asset forfeiture is now civil, only 13 percent criminal. And governments are grabbing more and more. The federal financial take has grown ten-fold since 2001.

“Every year,” IJ’s researchers document, “police and prosecutors across the United States take hundreds of millions of dollars in cash, cars, homes and other property — regardless of the owners’ guilt or innocence.” Then, the innocent victim must sue the government to have his or her stuff returned.

Incentive to steal? “In most places, cash and property taken boost the budgets of the very police agencies and prosecutor’s offices that took it,” an accompanying IJ video explains.

IJ’s report concludes that, “Short of ending civil forfeiture altogether, at least five reforms can increase protections for property owners and improve transparency.” Those five reforms are improvements, sure, but let’s end civil forfeiture completely.

It’s the principle!

Two principles, actually.

Civil forfeiture laws pretend law enforcement is taking action against our property, and that our property has no rights. But what about our property rights!

We’re innocent until proven guilty, too … and so is our stuff.

This is Common Sense. I’m Paul Jacob.

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Tags abuse, asset forfeiture, civil asset forfeiture, crime, feds, police, police abuse, property rights, theft

Accountability general freedom government transparency local leaders porkbarrel politics tax policy term limits

The Reign of Trickery

Arkansas State Senator, Jon Woods, tricks, deceive, elections, Common Sense

Arkansas State Sen. Jon Woods’s reign of trickery is ending. As reported Monday, he has chosen not to seek another term in the legislature.

It’s ironic. Woods defrauded Arkansas voters with a deceptively worded 2014 ballot measure. His successful scam weakening term limits allows him to stay in the Senate for 16 years, instead of just eight. But now, angry voters won’t allow Woods another term.

At least, that sure appears to be the case.

If voters in next year’s March primary could possibly be as uninformed about Woods’s record as they were about last November’s Issue 3, he would have gotten away with it. But Woods has made enemies: term limits supporters and Conduit for Action, a group sharply critical of him for gutting the Arkansas Ethics Commission, to identify two. He not unreasonably fears they would communicate with his constituents.

In effect, “tell on him.”

Fool the voters once, shame on Woods. Fool the voters twice … well … ’tain’t going to happen. That’s not to say the sly schemer didn’t have another unethical, underhanded, anti-democratic trick up his sleeve. Of course he did.

“I’ve had serious conversations with my family about leaving … since April,” Woods told reporters. Yet, the incumbent didn’t bother to announce publicly that he was vacating the seat until the November weekend before a Monday filing deadline.

Seeking to pick his replacement, Woods informed insiders of his intentions, while leaving the rest of his district in the dark until it was too late.

Luckily, Justice of the Peace Sharon Lloyd, had already stepped up to challenge Woods — and his insider political games.

This is Common Sense. I’m Paul Jacob.

P.S. Circumventing meaningful elections to provide a leg-up to a crony by waiting until the last moment to announce a retirement, as Sen. Woods did, happens far too often. It’s another good argument for term limits.

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Tags Arkansas, Jon Woods, pay, Sen. Jon Woods, term limits

Accountability general freedom government transparency initiative, referendum, and recall local leaders nannyism porkbarrel politics term limits

Cheaters Never Prosper

Arkansas State Senator, Jon Woods, term limits, Arkansas, pay raise, disgrace, election, illustration

“I want to go home,” Arkansas State Senator Jon Woods whimpered.

The poor, pitiful politician — announcing he would not seek election to another legislative term — cried that he had not “been fishing with [his] brother in a year.”

“I have friends in my district who I miss,” he further lamented.

Before reaching for a tissue, realize that the legislator lives a little over three hours from the capitol in Little Rock and the legislature has only been in session for about 100 days in the last two years.

Certainly, that Senator Woods has any friends left is news — at least, non-lobbyist, non-legislator friends.

Woods infamously authored Issue 3, which narrowly passed last year and is now Amendment 94 to the state constitution.

Woods tricked voters by wording the ballot title to claim it was “PROHIBITING MEMBERS OF THE GENERAL ASSEMBLY … FROM ACCEPTING GIFTS FROM LOBBYISTS.” But now, lobbyists buy legislators lunch pretty much every day.

He misleadingly told voters the amendment was “ESTABLISHING TERM LIMITS FOR MEMBERS OF THE GENERAL ASSEMBLY,” when in reality term limits were weakened, allowing pols like Woods to stay a whopping 16 years in a single seat.

The slippery solon’s amendment also created a so-called Independent Citizens Commission — a majority appointed by legislative leaders — that has since rewarded legislators with a whopping 150 percent pay raise.

The Arkansas Times’s Max Brantley called it “strange” that the “full-time legislator … would drop out of the race at this point.” Now that it’s time to face the voters with all his mighty “accomplishments,” the senator decides “to start a new chapter in [his] life.”

Dejected, befuddled, limping home as a martyr to crony politics, Woods knows he can’t win.

This is Common Sense. I’m Paul Jacob.

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Tags Arkansas, Arkansas State Senator, disgrace, election, illustration, Jon Woods, pay raise, term limits

Accountability general freedom ideological culture national politics & policies

A Broken Fix

carrot, sticks, congress, compromise, influence, illustration, Common Sense

It is universally acknowledged that Congress is all screwed up, but ideas differ on how to reform it.

Representative Paul Ryan (R‑Wisc.), in accepting the Speaker of the House position, admitted, “The House is broken. We are not solving problems. We are adding to them.”

But how to fix what is broken?

In my opinion — and according to virtually every survey of Americans for the last 20 years — term limits would be the best first step.

Speaker Ryan, sadly, is no term limits fan. But at least he calls for “opening the process up” and a “new spirit of transparency.” Ryan promises “not [to] duck tough issues,” while seeking “concrete results.”

Chris Cillizza, writing “The Fix” blog for The Washington Post, predicts Ryan will “probably not” succeed.

Cillizza cites four big problems, the last two are obvious, though undefined: “3. Polarization in the country” that results in “4. Polarization in Congress.”

His No. 1 reason for the dysfunction in the House? The ban on earmarks. “Without a carrot to offer wavering members on contentious legislation,” Cillizza complains, “leadership had to rely almost exclusively on relationships and goodwill.”

Forget persuasion on the merits; apparently, congressional leadership should bribe members for their votes.

Next, Cillizza bemoans the “rise of outside conservative groups” able to speak against incumbents they oppose and for those they support. This means “the party leadership could no longer choke off campaign funds to those who refused to fall in line.”

“Falling in line” isn’t the right reform goal.

Meet another member of the Washington press corps with a strange hankering for boss rule.

This is Common Sense. I’m Paul Jacob.

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