On the one hand: this is a smart thing to do. “Attorney General Eric H. Holder Jr. on Friday barred local and state police from using federal law to seize cash, cars and other property without evidence that a crime occurred.” Asset forfeiture is one of those things that happens mostly under the public’s radar, but it’s a situation that concerns people across the ideological spectrum. Having asset forfeiture put under constraints is something that I’d like the Attorney General to do, actually.
On the other hand: Glenn Reynolds is probably correct in suggesting that this is politically motivated. AG Holder and the administration are, after all, kind of having a quiet war with police departments these days; and asset forfeiture is a potent revenue stream for the cops. So would this reform have happened, absent last year’s Ferguson-related rioting? …Possibly not.
On the gripping hand: Listen to the wisdom of Uncle Milton.
If a political slap fight is what it takes to reform asset forfeiture abuses… well. We live in an imperfect universe. Besides, even if the next Attorney General reverses this policy it’s going to make it much easier for us to pressure the next Republican Attorney General to re-institute the reforms…
Moe Lane
I agree completely with your last paragraph. This needed to be done.
Unfortunately, Moe, the devil is in the details:
https://www.facebook.com/CopBlock/posts/10153076544553189?_fb_noscript=1
To sum, the order is all sound and fury, and business will go on as usual.