Posted on 07/25/2014 7:44:33 AM PDT by Drew68
WASHINGTON, D.C. - Sen. Rand Paul yesterday introduced S. 2644, the FAIR (Fifth Amendment Integrity Restoration) Act, which would protect the rights of citizens and restore the Fifth Amendment's role in seizing property without due process of law. Under current law, law enforcement agencies may take property suspected of involvement in crime without ever charging, let alone convicting, the property owner. In addition, state agencies routinely use federal asset forfeiture laws; ignoring state regulations to confiscate and receive financial proceeds from forfeited property.
The FAIR Act would change federal law and protect the rights of property owners by requiring that the government prove its case with clear and convincing evidence before forfeiting seized property. State law enforcement agencies will have to abide by state law when forfeiting seized property. Finally, the legislation would remove the profit incentive for forfeiture by redirecting forfeitures assets from the Attorney General's Asset Forfeiture Fund to the Treasury's General Fund.
"The federal government has made it far too easy for government agencies to take and profit from the property of those who have not been convicted of a crime. The FAIR Act will ensure that government agencies no longer profit from taking the property of U.S. citizens without due process, while maintaining the ability of courts to order the surrender of proceeds of crime," Sen. Paul said
Click HERE for the FAIR Act legislation text.
You're right about that. And when the government can prove that Pedro is a drug dealer, they can keep the money.
And none that I know of want to see an innocent man stand to lose his property, or thinks that half-truths are the path to good government and good policy.
Which is where the majority of the problem is.
You'll find on this forum people who loath Senator Paul so much that they'll twist themselves into a pretzel to oppose on principle any legislation he puts forward.
You can guarantee that if Senator Cruz was behind the FAIR Act, these same people would be all for it.
Curious, where does Senator Cruz stand on this legislation?
Unfortunately, this law would only impact the Feds. Locals, where the real abuse of asset forfeiture occurs, would not be effected.
I am on a plane right now flying home from Washington, DC where I testified in front of the Natural Resources committee in support of HR5026, the Fish Hatchery Protection Act sponsored by my Congressman, the wonderful Dr. Paul Gosar. The bill states that only Congress has the authority to change policies and purposes of the mitigation fish hatcheries that supply billions of dollars to local economies. I am the Chairman of the Mohave County Board of Supervisors.
However, that power already lies with Congress. All they have to do is pick up the phone and tell these unelected bureaucrats from the Department of the Interior to knock it off and then follow through. But it’s always flashier to to a new bill. This is the second time I have testified in front of Congress on behalf of my County. I have come to the realization that whatever is going to change will have to be changed at the State and local level and we must commit to fight for our State sovereignty in any manner necessary. I
Why do we need another law to enforce the 5th Amendment? Why can’t these pernicious seizure laws be struck down as unconstitutional?
Here in MO, we passed a law that said asset forfeiture proceeds go to the schools. The feds worked out a scheme with some local law enforcement agencies where the state law enforcement would do the investigative work, then call in the feds to do the bust. Then the feds would seize the assets and then "share" the forfeiture proceeds with the local agency, circumventing the state law.
You'll also find people willing to jettison foundational legal principles like innocent until proven guilty, and also the Fourth and Fifth Amendments, if it can be argued to further the battle against the dangerous and illegal drug cartels. Oddly, they seem to think they're conservatives.
We need these laws because the exact opposite has happened; SCOTUS has upheld asset forfeiture.
Well written; But, like the second amendment, I despair at enacting these laws, with the caveat “...and this time we MEAN IT!”
That such has become necessary is indicative of the demise of the former republic.
Paul is a long-shot anyway due to the lack of money men behind him, but the bad guys certainly feel more of a cold chill on the backs of their necks when he introduces legislation like this than they do over any phony and carefully scripted posturing by Republican Senators and Governors over border security or gay marriage or gun rights.
Like I’d trust the feds. For fun, read about all the FeeBees who were in Whitey Bulger’s pocket.
Back on-topic: Do you stand with Senator Paul and his support of the Fifth Amendment, or do you stand against the Bill of Rights and support tyranny?
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