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Accountability crime and punishment moral hazard nannyism national politics & policies property rights too much government

What’s Being Forfeited

What do you call those who prey upon the innocent, illegally snatching their money? 

Thieves? Muggers? The Mob? 

Government.

Last month, the Treasury Inspector General for Tax Administration (TIGTA) issuedreport on the Internal Revenue Service’s use of civil asset forfeiture against Americans accused — well, not accused … more like suspected … well, not actually suspected of doing anything wrong, but willy-​nilly deemed guilty without charge, judge, jury or conviction — of “structuring.” That’s depositing less than $10,000 in cash into a bank to avoid all the paperwork demanded by the United States Congress at that amount.

Congress passed the Bank Secrecy Act, making structuring illegal, supposedly to trip up drug traffickers and money-​launderers. But that is obviously a ruse, as the TIGTA report makes abundantly clear. The IRS is simply snatching money — they won’t tell us how much — right out of individuals’ and businesses’ bank accounts. 

Pity the cash-​oriented business that doesn’t accumulate at least $10,000 to deposit.

The TIGTA report highlights that an incredible 91 percent of the time, the IRS acted “against individuals and businesses whose income was legally obtained,” and whom the IRS did not suspect of criminal activity. Also, through the IRS’s process of thievery “the rights of some individuals and businesses were compromised.”

Why is the IRS using the law to pilfer from the innocent, instead of the guilty? 

As I explained Sunday at Townhall​.com, it is easier and more profitable to make “quick hits” against innocent businesses rather than devious criminals.

When those responsible for protecting the innocent from criminals, instead, illegally twist the law to victimize the innocent, it’s called tyranny. And what is forfeited is much more valuable than mere money.

This is Common Sense. I’m Paul Jacob.


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education and schooling folly nannyism national politics & policies too much government

D.C.’s Diaper-​Dandy Regulation

Where is child care most expensive? 

In America, it is in our shining, shimmering national swamp. Yes, in Washington, D.C., infant care averages nearly $1,900 a month, more than $22,000 a year.

So naturally, if you’re a politician, you see that as too … low?

It has been decreed, since last December, that workers caring for infants and toddlers must upgrade their educations to keep their licenses. The District’s brave new world-​class day-​care regulations, the Washington Post informs us, are designed to put the District at the forefront of a national effort to improve the quality of care and education for the youngest learners.”

Yesterday, at Townhall​.com, I provided the details on 

  • which day care workers or home caregivers must acquire 
  • what type of college degree in early childhood education or, 
  • if currently degreed in another field, how many semester credit hours in early childhood education they must have, or 
  • whether a Child Development Associate (CDA) would suffice, and 
  • by what date …

… just to keep their relatively low-​paying jobs. 

You may be shocked, but these new regs do not apply to the politicians and bureaucrats regulating the “industry.”

The costly credentials required to provide child care will certainly raise prices that D.C. parents already can ill afford. And won’t help those newly credentialed, either: “prospects are slim,” the Post admits, “that a degree will bring a significantly higher income.”

In a perfect world, every child-​care worker would wield a Ph.D. in early childhood development. Be a pediatrician. As well as a psychiatrist. 

And a former Navy SEAL, to fend off terrorists.

But who can fend off this regulatory attack on common sense?

I’m Paul Jacob.


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Illustration based on photo by Carolien Dekeersmaeker on Flickr

 

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Accountability crime and punishment free trade & free markets general freedom initiative, referendum, and recall moral hazard nannyism national politics & policies property rights

Good and Bad News

On the issue of “civil asset forfeiture” — police seizing property from folks merely on suspicion, without a criminal conviction — there is good news.

In Idaho, House Bill 202a just passed both legislative chambers overwhelmingly. “Among other changes, HB 202a would no longer allow civil forfeiture of the vehicle of a person who merely possessed a controlled substance,” explainedSpokesman Review report, “without using the vehicle in connection with trafficking offenses or obtaining it with drug-​trafficking proceeds.…” It also puts off the table “property that’s merely in proximity to illegal drugs” and the mere possession of cash.*

Legislation is moving forward in Arizona, too. House Bill 2477 passed to the Senate Judiciary Committee last week — which unanimously cleared it despite what the Arizona Republic calledstrong opposition from … primarily people representing law-​enforcement and prosecutors’ groups that benefit from the funds.”

The bill heightens the standard of proof required for making seizures stick from “preponderance of the evidence” to “clear and convincing evidence.” HB 2477 also increases reporting requirements, and creates a process police must follow to spend seized funds.

Unfortunately, there is also bad news.

Even with the new Idaho law and the enaction of the Arizona legislation, police in both states will continue to take people’s stuff without a criminal conviction. The level of abuse would be diminished, but not ended.

Citizens in both states can and should use the ballot initiative process to end this injustice. In total.

We must restore the bedrock principle of innocent-until-proven-guilty.

This is Common Sense. I’m Paul Jacob.

 

* Other provisions include a court determination on “whether a property seizure is proportionate to the crime alleged,” absolving “innocent owners from having to pay the state’s costs associated with an attempted seizure,” and some required record-keeping.


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Accountability government transparency ideological culture moral hazard nannyism national politics & policies political challengers porkbarrel politics responsibility too much government

Legislating in the Real World

Rolling back Big Government is not easy, especially when you are not that into it.

Robert Draper, profiling Steve Bannon in the New York Times, gives us a view into the mind of Trump’s right-​hand man, who appears to think GOP insiders are obsessed with principles. “[I]t’s all this theoretical Cato Institute, Austrian economics, limited government — which just doesn’t have any depth to it. They’re not living in the real world.”

At best, this only fits the Freedom Caucus members, who killed RyanCare. But who is avoiding reality, here?

“Bannon clearly is not as familiar with the mindset of congressional Republicans as he imagines,” counters Jeff Deist, head of the “Austrian” Mises Institute. “They are primarily concerned with how the whole ‘repeal and replace’ debacle plays back home.” 

Like Deist, I see the spectacular fizzle of RyanCare as evidence of the increasing irrelevance of Republican compromising. “The GOP is the party of trillion dollar military budgets,” Deist insists, noting that it “won’t even kill an openly cronyist program like the Export-​Import Bank.”

If keeping Big Government secure is all Republicans can do, what use are they?

“All around us are the almost unimaginable benefits of markets, cooperation, and technology,” Deist explains, “yet somehow we’re naïve if we don’t want to funnel human activity through government cattle chutes.”

Bannon will not secure solid GOP support if he keeps pushing the usual establishment compromises while pretending they are either realistic or revolutionary. Freedom Caucus Republicans seem bent on doing something Republicans usually avoid: change “the real world” for the better by practically limiting government.

Not just in theory.

Bannon seems to have other goals.

This is Common Sense. I’m Paul Jacob.


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free trade & free markets moral hazard nannyism national politics & policies property rights responsibility subsidy too much government

TrumpCare Trumped

It took awhile for the Obama Administration to accept the term “ObamaCare.” Nancy Pelosi was the initial driver of the massive scheme to permanently alter American medicine and insurance, and “PelosiCare” would have been a fit moniker for the wildly mis-​named “Affordable Care Act.” But the administration put the whole of the new president’s political capital behind it, and the ACA went into law popularly known as “ObamaCare.”

The Republicans pledged to repeal it, from Day One. And repeatedly passed repeal bills, certain to be vetoed by the president named Obama. They needed a Republican in the White House.

Donald Trump ran, in part, on the promise of getting rid of ObamaCare. But upon taking the reins, two things became obvious: Republicans in Congress lacked the guts to repeal the ACA, and even lacked a coherent scheme to alter it.

The new president could hardly be expected to possess the plan they lacked, though on the campaign trail he suggested* the best approach: repeal, then open up insurance markets across state lines. The GOP Congress, on the other hand, was all promise and no clue.

So Speaker of the House Paul Ryan hastily cooked up what was to be the new TrumpCare — a ridiculous reform package with nothing much to say for it.

He failed to gain support from Democrats (of course) and Freedom Caucus representatives.

TrumpCare, trumped, became RyanCare. A failure.

The Freedom Caucus representatives? They breathe freely.

Sure, they “betrayed” the new president, “robbing” him of glory. But they also saved the country from a “reform” in many ways worse than ObamaCare.

This is Common Sense. I’m Paul Jacob.

 

* It’s worth keeping in mind that Trump had been for socialized medicine before running for office. This is why there was no reason to expect policy leadership on his part.


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free trade & free markets general freedom media and media people moral hazard nannyism property rights too much government

Of Salt and Socialism

Nearly 75 percent of Venezuelans have lost 19 pounds or more in 2016. “People have become so desperate,” the Miami Herald reported recently, “that they are butchering and eating flamingos.”

While acknowledging the problem, TeleSUR, a television network based in Venezuela and funded by governments including Cuba, Ecuador, Nicaragua, and Venezuela, called the Herald’s story “kooky” and suggested taking reports “like alleged flamingo eating with a grain of salt.”

If, in socialist Venezuela, one could find a grain of salt.

In America, salt is necessary, too, when listening to our socialist Hollywood celebs blather about their kooky diets, for which some are blaming President Trump.*

Socialism kills. The deprivations in Venezuela are no joke, for along with economic chaos, Venezuelans are experiencing political repression on a grand scale. A new report from Luis Almagro, secretary general of the Organization of American States (OAS), documents the thousands arrested for protesting or “having posted something against the national government or a public official on Twitter.” The report details the “curtailment of civil, political and electoral freedoms” and “torture” and “censorship.”

Almagro calls for the suspension of Venezuela’s membership in the OAS, which is long overdue. The Human Rights Foundation demanded that nine years ago.

The Obama administration opposed such a move, as the Washington Post editorialized, in order to pursue “a legacy-​making détente” with “the Castro regime in Cuba.”

At Townhall,** I urged Trump to support the effort to boot Venezuela out of the OAS, which might provide some assistance toward political change there … and Venezuelans eating more.

And perhaps to socialists in Hollywood and elsewhere eating crow … but not flamingo.

This is Common Sense. I’m Paul Jacob.

 

* I covered this last week, when I compared their Trump Diet nonsense to the “Maduro Diet,” named for Venezuelan President Nicolás Maduro, the socialist dictator presiding over the complete economic collapse of what, prior to socialism, had been South America’s richest country.

** From which this Common Sense is adapted.


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