Justice For All - Feb 2015

On Thursday, Senate Majority Leader Mitch McConnell (R-Ky.) filed cloture on the motion to concur to the House amendment to S. 756. The bill will serve as the vehicle for the First Step Act, the prison and sentencing reform bill supported by Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa), Sen. Mike Lee (R-Utah), and Sen. Lindsey Graham (R-S.C.).

The Internal Revenue Service (IRS) has a long, well-documented history of abusing federal forfeiture laws. They seize assets from innocent Americans on the mere suspicion of malfeasance. If the IRS believes a citizen is structuring deposits to avoid reporting requirements, the agency can seize your money. Administrative reforms were made in 2015 to roll back some abuses, but there is still much work to be done.

The myths surrounding the First Step Act continue to emerge, most frequently from Sen. Tom Cotton (R-Ark.), the bill’s most outspoken critic. The First Step Act, S. 3649, which was carefully drafted by a bipartisan group of lawmakers in Congress, is supported by President Trump, over 150 former federal prosecutors, multiple law enforcement agencies, a wide base of faith leaders, and conservative policy groups both in Washington and across the country.

On Wednesday, the Supreme Court heard oral arguments in Timbs v. Indiana. The case centers around the use of civil asset forfeiture and whether or not to incorporate the Excessive Fines Clause of the Eighth Amendment to the states. Although the Court won’t decide the case until next year, the oral arguments show that most of the justices appear ready to deal a long overdue blow to civil asset forfeiture.