We’ll Take That

I’ve said it before, and I’ll say it again: thank God for the IJ:

Imagine you own a million-dollar piece of property free and clear, but then the federal government and local law enforcement agents announce that they are going to take it from you, not compensate you one dime, and then use the money they get from selling your land to pad their budgets—all this even though you have never so much as been accused of a crime, let alone convicted of one.

That is the nightmare Russ Caswell and his family is now facing in Tewksbury, Mass., where they stand to lose the family-operated motel they have owned for two generations.

Seeking to circumvent state law and cash in on the profits, the Tewksbury Police Department is working with the U.S. Department of Justice to take and sell the Caswells property because a tiny fraction of people who have stayed at the Motel Caswell during the past 20 years have been arrested for crimes. Keep in mind, the Caswells themselves have worked closely with law enforcement officials to prevent and report crime on their property. And the arrests the government complains of represent less than .05 percent of the 125,000 rooms the Caswells have rented over that period of time.

The Institute for Justice — one of those evil Right Wing groups that defense our civil liberties — is now fighting this in the courts.

Asset forfeiture is one of the most vile things out government does. The idea that started it was not completely insane: taking the property of people who did illegal things when the people themselves were not obtainable because they were overseas. It’s ridiculous and offensive to use asset forfeiture when the supposed perpetrator of the crime is standing right there. I don’t care what the Supreme Court says — charging someone’s property with a crime to bypass their Constitutional rights is simply not acceptable. And the federal government has made a bad situation far worse. If local authorities work with the Feds, they get to keep most of the property they seize.

Cops are taking the property of people who have not been charged with a crime and then using it for their own purposes. Can this be described as anything other than plain and simple armed robbery?

I have said before the Supreme Court is only one of the defenders of our liberty. Congress needs to step in and pass laws abolishing or severely restricting asset forfeiture. And if they don’t or won’t because they are pant-shittingly terrified of being seen as weak on crime, the President should issue an executive order suspending the practice. If you need to explain it, just run Russ Caswell in front of the cameras and explain that our government is stealing his hotel.

You can not possibly claim that you uphold the Constitution and support freedom and simultaneously support this bullshit. Citizens are being robbed by their own law enforcement agents. And, as we’ve see with all government abuses, it is only escalating, now extending to people who are bystanders of crime. This gangsterism can not end … it will not end … until we force our government to stop it.

There should not be a politician in this nation who can go another day without being asked if he supports this crap. And there should not be another politician who does support who is not thrown out on his police-state-loving ass. The lesson of the recent SOPA/PIPA fight is that we can make the politicians do the right thing when we want to. Do we want to?

(And while I’m at it: if you ever wish to donate money to a political cause, support the Institute for Justice. They are doing incredible work defending basic property and business rights. I can’t overemphasize their role in this.)

Update: Something to consider: one of the things assert forfeiture is used for is to deprive accused criminals of assets needed to procure legal defense. With no money to hire lawyers, people are reduced to either incompetent defense or plea bargain. Assert forfeiture is poisoning law enforcement in every way imaginable. It has to stop.

Comments are closed.

  1. Seattle Outcast

    Can this be described as anything other than plain and simple armed robbery?

    I think there’s a latin term for it that basically says “crown owns all”, but I can’t remember it. Anyway, bend a knee to the imperial government.

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  2. Kimpost

    Great post, and an important subject. Personally I think that it’s dangerous to provide that kind of financial incentives to law enforcement. They probably shouldn’t receive one penny from anything else than taxes.

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  3. davidst

    Yeah, the financial incentive is the real killer here. As a first step, that should go immediately. Good luck though. I bet you a portion of the proceeds gathered with asset forfeiture are used to lobby for maintaining and increasing asset forfeiture powers.

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  4. Seattle Outcast

    I remember when this crap was first being pushed the whole financial aspect was there because it was 1) to relieve the taxpayers of some financial burden, 2) the police were “underfunded”

    Both were complete lies.

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  5. Mississippi Yankee

    Tewksbury Massachusetts, less than 20 miles from Lexington and Concord.

    I believe this American experiment has begun to fail. Only time will tell tho…

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  6. Seattle Outcast

    Her caterwauling always annoyed the hell out of me. Anyway, she was a crackhead for so long I’m surprised she lived this long. Seriously, I had her in my dead pool for well over a decade.

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  7. Seattle Outcast

    I always preferred Vanessa Williams version much better. Plus she was totally smoking hot while Whitney always looked sorta “meh” to me…

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  8. Section8

    Auctioning off buildings that have housed criminals from time to time under unsuspecting owners? I wonder what the opening bid is on the White House or Capitol Building.

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