Jeff Sessions – Page 202 – immigrationcourtside.com

My Upcoming Interview With David Noriega On Vice News/HBO

I did a taped interview today with Vice News Reporter David Noriega. It was done in the freezing cold and wind outside the U.S. Department of Justice at the corner of 9th and Pennsylvania — but, it probably would have been warmer outside Lambeau Field (“Go Pack Go”). It’s possible the only “takeaway” will be “Man you guys sure look cold out there!” It was worse for David, who hails from sunny California, than those of us born and raised in the frigid winters of Wisconsin.

The subject is why the Attorney General’s role in administering the U.S. Immigration Court system is so critically important to the hundreds of thousands of individuals who depend on that system for due process and fair treatment, to the many Immigration Judges and support staff who have dedicated their professional lives to making the system work, and to our nation and its future.

The interview is scheduled to air tomorrow night, Tuesday, January 10, 2017, at 7:30 PM EST, on the “Vice News” show on HBO (which we don’t happen to have on our cable package). But, I encourage everyone with HBO access to tune in and see how David and I did, elements notwithstanding.

PWS

01/09/17

The First Target Of The Trump/Sessions Immigration Agenda Might Not Be Undocumented Individuals — “H-1B” Program That Brings Professionals and Techies In To Aid U.S. Companies Appears To Be In The Crosshairs — Some Indian Pols Rejoice At Prospect Of Relocating Silicon Valley To India!

https://www.washingtonpost.com/world/asia_pacific/trump-and-sessions-plan-to-restrict-highly-skilled-foreign-workers-hyderabad-says-bring-it-on/2017/01/08/8701e0ca-d2c0-11e6-aa0c-f196d8ef0650_story.html?utm_term=.bd6585171144

“But the H-1B cap meant that the bulk of Indian tech workers stayed back. The current cap — not just from India — is 65,000, plus another 20,000 who have graduated from American universities with advanced degrees, down from almost double that at the beginning of the 2000s.

Among those who do get the visas, most ultimately return to settle and work in India. In Hyderabad, many of those returnees are confident that their city can compete with Silicon Valley for India’s brightest young minds.

K.T. Rama Rao, the son of the current chief minister, was one of them. Now he’s the minister for information technology in his father’s government. He pointed to Apple as an example of how Hyderabad could absorb the thousands of workers in a potential future with far fewer H-1Bs — or without them altogether.

“Apple is already moving their maps division here, and they’re doing that because we’re producing more G.I.S. talent than anyone else in the world,” he claimed in an interview, referring to geographic information systems. “Ideally, a president of the United States would have a balanced perspective on business, but if he wants tech firms to stay, he should create better job readiness in the U.S.”

Rao said that legislation targeting big Indian outsourcing companies would wean them away from their dependency on servicing American companies. Without the visa program, they would have to engage in new lines of work that created value in Hyderabad and not abroad, he said.

Amit Jain, now the president of Uber India, is another returnee who used to be on an H-1B. He said that the influx of American companies, as well as a growing indigenous start-up culture, could offer what Indians used to seek in the United States closer to home.

“We definitely have a more robust ecosystem here now,” he said. “We’re seeing plenty of hiring in the future.”

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I find the projected continued role of Jeff Sessions in this process interesting. While the Attorney General used to be responsible for administering the H-1B program, that ended more than a decade ago with the transfer of the adjudication functions of the “Legacy INS” to the then newly created Department of Homeland Security (“DHS”) and it’s United States Citizenship and Immigration Services (“USCIS”) Division. The Attorney General’s responsibility for the H-1B program is now strictly “in the margins:” narrow legal issues involving individuals in H-1B status occasionally arise in Immigration Court proceedings, and the Office of Immigration Litigation (“OIL”) in the Civil Division and the U.S. Attorneys are occasionally called upon to defend particular USCIS policies or interpretations of the H-1B category in Federal Court.

Normally, the moving force within an Administration on H-1B policies and reforms would be the Secretary of Homeland Security — soon to be General John Kelly. Sessions’s continued involvement as Attorney General in what normally would be DHS/USCIS issues, could presage a reincarnation of the old “Commissioner of Immigration” role. The Commissioner once headed the INS within the Department of Justice and was a powerful figure whose “finger was literally in every pie in the immigration world.”

My recollection is that one of the ideas of moving the immigration enforcement and service functions to the DHS, while leaving the Immigration Courts behind within the Department of Justice was to increase the separation of the immigration enforcement and service functions from the legal and “fair and impartial hearing” functions of the Immigration Courts. While this distinction has always worked better in theory (and, perhaps, in terms of perception) than in actual practice, it is likely to become further blurred and hampered if the Attorney General intends to assume a primary immigration enforcement and policy making role within the Administration.

Presumably, Senator Sessions’s specific views on how he sees his role in immigration and his plans for maintaining and improving the due process role of the Immigration Courts — currently struggling with a 500,000+ case backlog and dozens of unfilled judicial positions — will be better fleshed out during the upcoming confirmation process.

PWS

01/09/17

Sessions’s “Enforcement Only” Views On Immigration Detailed — “Nice Guy” Factor Expected To Smooth Comfirmation

https://www.washingtonpost.com/world/national-security/at-the-justice-department-sessions-could-play-a-key-role-on-immigration/2017/01/07/84a94a54-c7c9-11e6-85b5-76616a33048d_story.html?utm_term=.

“As a senator from Alabama, Jeff Sessions has vigorously opposed any efforts to reform the U.S. immigration system in ways that might benefit those in the country illegally. He has advocated tempering even legal immigration, fearful that people from other countries might take Americans’ jobs.

Sessions (R), President-elect Donald Trump’s pick to be the next attorney general, will face no shortage of questions at his confirmation hearing starting Tuesday about his alleged past racist comments, his prosecution of civil rights activists, and his views on voting rights and same-sex marriage. But civil liberties advocates say Sessions’s views on immigration concern them just as much because of the role the Justice Department plays in dealing with those who come to the United States from other countries, and because of the constitutionally questionable policies Trump has suggested that Sessions’s Justice Department would likely implement.”

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While there have been plenty of “negative vibes” about the Sessions nomination, based on his lack of sympathy for civil rights and immigrants, his “nice guy” persona during a long Senate career virtually assures his confirmation as described in this Washington Post article.

https://www.washingtonpost.com/powerpost/jeff-sessions-should-have-been-a-tough-sell-in-the-us-senate-thats-not-likely/2017/01/07/2de7c280-d44f-11e6-9cb0-54ab630851e8_story.html?utm_term=.66b34036721a

PWS

01/07/17

David Leopold Warns About Possible Five-Point Attack On Immigrants By Attorney General Sessions

http://www.huffingtonpost.com/entry/five-chilling-ways-senator-jeff-sessions-could-attack-immigrants-as-attorney-general_us_5870022ce4b099cdb0fd2ef7

“As the nation’s top lawyer, head of the immigration court, and civil rights officer, Jeff Sessions would have access to multiple tools to harm immigrants and undermine due process. Given his rhetoric and record as a United States Senator, as well as his association with anti-immigrant extremists, there is every reason to believe he would use all of them.

Here are five ways Sessions could attempt to undermine immigrants and immigration policy if confirmed as Attorney General:

Impose his radical, anti-immigrant ideology on decisions by the federal immigration courts;

Expand the number of immigrants who are deported even though they qualify for a green card or asylum;

Reduce access to legal counsel and information about immigrants’ legal rights;

Criminalize immigrants by bringing trumped up charges against ordinary workers; and

Strong arm state and local police to become Trump deportation agents

Of course, any attempt Sessions would make to undermine civil and due process rights will be met by strong litigation from the outside. But the U.S. Senate should block his confirmation from the start, as Senator Sessions is highly unqualified for this position and has showed a profound disregard for civil and human rights.”

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Sorry, David, but Jeff Sessions has the votes to be confirmed as the next Attorney General. Those who don’t like that can rant, but that’s not going to change the reality that Donald Trump won the Presidential election and the Republicans firmly control both Houses of Congress.

When you lose elections at the national and state levels, like the Democrats did, you end up with next to no leverage on appointments or policies unless you can reach across the aisle and strike a chord with at least some Republicans. Right now, it appears that all Republican Senators, and probably a few Democrats, ewill vote for Senator Sessions’s confirmation. Whatever his pros and cons, Senator Sessions appears to have had the wisdom to be polite and cordial to his colleagues and to occasionally reach across the aisle on issues of common interest. Rightly or wrongly, that seems to count for a lot when current or former Senators come up for confirmation to Executive Branch positions.

So barring a “bombshell” next week, and I must say his record has been “flyspecked” — regardless of what he put in the Judiciary Committee questionnaire — that’s unlikely. For better or worse, Senator Session’s views on a wide variety of subjects and his conduct as a public servant over many decades are a matter of public record. Nothing in that record seems to have given pause to any of his Republican Senate colleagues.

That being said, it woulds be nice to think that upon hearing some of the criticisms, Jeff Sessions will reflect on the huge differences between being a Senator from Alabama, the Attorney General of Alabama, and a U.S. Attorney for Alabama, and the wider responsibilities of being the chief law enforcement official, legal adviser, and litigator representing all of the People of the United States, not just the Trump Administration.

David is, of course, correct to focus on Attorney General Session’s vast authority over immigration. He will control a huge and critically important U.S. Immigration Court System currently sporting a backlog of more than one-half million cases and suffering from chronically inadequate judicial administration and lack of basic technology like e-filing. While there certainly is an interrelationship among civil rights, human rights, and due process in the Immigration Courts, there is every reason to believe that Attorney General Session’s biggest impact will be in the field of immigration.

If things go as David predicts, then the battle over fundamental fairness and due process in immigration policy and the Immigration Courts is likely to be fought out in the Article III Federal Courts, which, unlike the Immigration Courts, aren’t under Executive control. That will have some drawbacks for everyone, but particularly for the Trump Administration.

And, if Sessions is wise, he’ll look back at what happened when the Bush Administration tried to promote a “rubber stamp” approach to justice and due process in the Immigration Courts. The U.S. Courts of Appeals were outraged at the patent lack of due process and fundamental fairness as “not quite ready for prime time” cases were “streamlined” and thrown into the Courts of Appeals for review with glaring factual errors and remarkable legal defects. Not totally incidentally, this also dramatically increased their workload, with judicial review of immigration matters occupying a majority of the docket in several prominent circuits.

As a result, cases were returned to the Board of Immigration Appeals, who then returned them to the Immigration Courts for “re-dos,” in droves. The Courts of Appeals lost faith in the Executive’s ability to run a fundamentally fair, high quality Immigration Court System, and basically placed the Immigration Courts into “judicial receivership” until things stabilized at least somewhat. The waste and abuse of taxpayer dollars caused by this “haste makes waste” approach was beyond contemplation and, for a time, threatened to paralyze the entire American justice system.

Additionally, it would be a huge mistake for the Trump Administration to view the Bush Administration’s Immigration Court debacle as the product of “bleeding heart liberal appellate judges” appointed by President Bill Clinton. The criticism from Article III Judges cut across political lines. Two of the most outspoken judicial critics of the Bush Administration’s handling of the U.S. Immigration Courts were Republican appointees: then Chief Judge John M. Walker, Jr. of the Second Circuit and Judge Richard Posner of the Seventh Circuit. Indeed, Judge Walker is a cousin of former President George H.W. Bush.

Obviously, those who favor greater immigration enforcement won the election and are going to have a chance to try out their policies. But, “enhanced enforcement” is likely to be effective only if we have a fair, impartial, and totally due process oriented Immigration Court System.

In other words, the Immigration Courts must be a “level playing field” with judges who, in the words of Chief Justice Roberts, play the role of “impartial umpires” between those seeking to stay in our country and those seeking to remove them. Results from such a due-process oriented system would be more likely to inspire confidence from the U.S. Courts of Appeals, thereby increasing the stature of the Immigration Courts and their ability to achieve final resolutions at the initial, and most cost-efficient, level of our justice system. Due process and fairness in the Immigration Court System should be a nonpartisan common interest no matter where one stands on other aspects of the “immigration debate.”

We are about to find out what Attorney General Jeff Sessions has in mind for the U.S. Immigration Courts and the rest of the U.S. justice system. I’m hoping for the best, but preparing to assert the essential constitutional requirement for due process in the Immigration Courts if, as David predicts, it comes under attack.

Due Process Forever!

PWS

01/07/16

Read Political Satire From Andy Borowitz: “Nation with Crumbling Bridges and Roads Excited to Build Giant Wall”

http://www.newyorker.com/humor/borowitz-report/nation-with-crumbling-bridges-and-roads-excited-to-build-giant-wall

“WASHINGTON ()—As America’s bridges, roads, and other infrastructure dangerously deteriorate from decades of neglect, there is a mounting sense of urgency that it is time to build a giant wall.

Across the U.S., whose rail system is a rickety antique plagued by deadly accidents, Americans are increasingly recognizing that building a wall with Mexico, and possibly another one with Canada, should be the country’s top priority.

Harland Dorrinson, the executive director of a Washington-based think tank called the Center for Responsible Immigration, believes that most Americans favor the building of border walls over extravagant pet projects like structurally sound freeway overpasses.

“The estimated cost of a border wall with Mexico is five billion dollars,” he said. “We could easily blow the same amount of money on infrastructure repairs and have nothing to show for it but functioning highways.”

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Will the incoming Trump Administration sound the death knell for political satirists like Andy Horowitz? It’s getting pretty hard to tell the difference among “satire,” “fake news,” “made up facts,” and what passes for “truth” these days.

After all, we do actually have a a group of so-called “fiscal conservatives” in Congress lining up to throw perhaps as much as eight billion dollars (almost like “real money”) at a project that most immigration experts, whether “hardliners” or “softliners,” agree is a waste of time and money and won’t solve the problems of border security and immigration enforcement. These same legislators can’t, or won’t, come up with the money to fund things like health care, the safety net, public education, our infrastructure, or government salaries.

And, for those of us who are, probably naively, hoping that soon to be Attorney General Jeff Sessions would take his new, broader responsibilities to our country seriously, rethink some of his ill-advised anti-immigrant positions, and at least occasionally act as the “adult in the room” — counseling prudence and moderation — there is some, perhaps not unexpected, bad news.

According to the article below from today’s Washington Post, Sessions and his closest advisers apparently are working behind the scenes to “egg on” the Administration and Congress to throw taxpayer money at this futile, and nationally embarrassing, project. Could we fix the current mess in the U.S. Immigration Courts — which Sessions will run — for eight billion dollars? You bet we could!

We could build a first-class, independent, due process oriented court system that would be a source of national pride and would live up to its currently unfulfilled vision of “through teamwork and innovation be the world’s best tribunals, guaranteeing fairness and due process for all.” And, there would be plenty left over from the eight billion dollars to spend on thoughtful immigration and border enforcement if that’s what Sessions and others in the Administration and Congress really want. It should be a classic “win-win.” But, will it happen? Only time will tell. But, the early signs aren’t very promising.

https://www.washingtonpost.com/politics/hill-republicans-embrace-building-of-border-wall-despite-cost/2017/01/06/06f29b18-d432-11e6-9cb0-54ab630851e8_story.html?utm_term=.fac057dfce36

PWS

01/07/16

Sessions Garners Support From Son Of “Marion 3” Defendants — N/W/S Controversy, Confirmation Appears Likely — As AG, He Will Administer One Of Our Most Important Court Systems: The United States Immigration Court!

https://www.washingtonpost.com/world/national-security/alabama-politician-whose-parents-were-prosecuted-by-sessions-endorses-him-for-attorney-general/2017/01/04/51c89608-d29b-11e6-945a-76f69a399dd5_story.html?utm_term=.6469f01a24e7

“Albert F. Turner Jr., the son of civil rights activists who were prosecuted by Republican Sen. Jeff Sessions in a controversial voting fraud case 32 years ago, said Wednesday he supports the Alabama lawmaker’s nomination to be attorney general.

“My family and I have literally been on the front line of the fight for civil rights my whole life,” said Turner, a county commissioner in Perry County, Ala. “And while I respect the deeply held positions of other civil rights advocates who oppose Senator Sessions, I believe it is important for me to speak out with regard to Senator Sessions personally. . . . He is not a racist.”

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Another article in the Washington Post discusses positive aspects of Senator Session’s character and career. He appears to be someone who engenders strong feelings, both positive and negative.

https://www.washingtonpost.com/national/dueling-images-of-attorney-general-nominee-jeff-sessions/2017/01/05/e96bb796-d36e-11e6-9651-54a0154cf5b3_story.html?utm_term=.ecd459fbad2c

But, unless something quite unexpected comes up during his confirmation hearing, Senator Sessions appears to be well on his way to confirmation as the next Attorney General.

Although most of the focus has been on Civil Rights, as Attorney General, Jeff Sessions’s most important and largely overlooked role probably will be his authority over the hugely important and highly troubled — to the tune of a stunning 530,000+ case backlog which continues to grow — United States Immigration Court System, with both trial and appellate branches administered by the DOJ through the Executive Office for Immigration Review (“EOIR”).

Although many experts have called for establishing a truly independent Immigration Court System outside of the DOJ, the current reality is that the DOJ controls perhaps the largest and most important Federal Court System. Whether as Attorney General Jeff Sessions nurtures, supports, and improves the independent due process mission of the Immigration Courts, or rather tries to undermine and “game” the Immigration Courts’ due process role, as some of his predecessors have done, will, to a much larger extent than most imagine, determine the future of our nation.

PWS

01/06/17

Sessions No “Civil Rights Hero,” Say Former DOJ Cvil Rights Attorneys

https://www.washingtonpost.com/opinions/jeff-sessions-says-he-handled-these-civil-rights-cases-he-barely-touched-them/2017/01/03/4ddfffa6-d0fa-11e6-a783-cd3fa950f2fd_story.html

“J. Gerald Hebert is director of the Voting Rights and Redistricting Program at the Campaign Legal Center. Joseph D. Rich is co-director of the Fair Housing and Community Development Project at the Lawyers’ Committee for Civil Rights Under Law. William Yeomans is a fellow in law and government at American University’s Washington College of Law; on Election Day, he worked as a voter protection legal volunteer for the Democratic Party of Virginia.”

All three of the authors worked for the Civil Rights Division of the U.S. Department of Justice during Senator Session’s tenure as U.S. Attorney in Alabama. Here’s part of what they have to say about the Senator’s claim to have supported important civil rights prosecutions:

“Sessions has not worked to protect civil rights. He worked against civil rights at every turn. Sessions knows that his real record on race and civil rights is harmful to his chances for confirmation. So he has made up a fake one. But many of us who were there — in Alabama in the 1980s, 1990s and beyond — are still around. We lived that story, too. And we are here to testify that Sessions has done many things throughout his 40-year career. Protecting civil rights has not been one of them.”

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Read the full op-ed from the Washington Post at the link.

PWS

01/04/17

Law Professors & Civil Rights Activists Oppose Sessions Nomination For AG — Reports From The Washington Post & NY Times

https://www.washingtonpost.com/world/national-security/more-than-1100-law-school-professors-nationwide-oppose-sessionss-nomination-as-attorney-general/2017/01/03/dbf55750-d1cc-11e6-a783-cd3fa950f2fd_story.html?hpid=hp_hp-top-table-main_sessions-330pm%3Ahomepage%2Fstory&utm_term=.183362aa3493

http://www.nytimes.com/2017/01/03/us/naacp-occupy-jeff-sessions-office.html

I’m not aware that any Senator of either party has expressed an inclination to vote against Senator Sessions’s confirmation.

PWS

01/03/17

Trump Administration Will Have Huge Influence on Federal Courts — Particularly the U.S. Immigration Court

https://www.washingtonpost.com/politics/trump-to-inherit-more-than-100-court-vacancies-plans-to-reshape-judiciary/2016/12/25/d190dd18-c928-11e6-85b5-76616a33048d_story.html?hpid=hp_rhp-top-table-main_trumpjudges805p:homepage/story&utm_term=.3eb2c51133dc

According to this article from today’s Washington Post, the incoming Trump Administration is preparing to fill more than 100 lifetime Federal Judicial appointments in addition to an existing vacancy on the Supreme Court. That’s almost twice the number of vacancies that were available to the incoming Obama Administration eight years ago. The article points out that since these appointments require Senate confirmation, Democrats might have some bargaining power. But, with Republicans in the majority, that’s likely to be quite limited.

However, there might be an even bigger opportunity available for the incoming Administration — reshaping the U.S. Immigration Court System for many years to come. Plagued by a self-created ponderously glacial selection and hiring process, and a badly outdated and ineffective court structure and administration, the Obama Administration is on track to leave nearly 100 out of the just under 400 authorized U.S. Immigration positions “on the table.” Additionally, there currently are two vacancies on the critically important Immigration Appeals Court (known as the “Board of Immigration Appeals”), which is effectively the “Supreme Court” of immigration law, with authority to decide tens of thousands of appeals annually and to set binding precedents for our nation’s more than 50 U.S. Immigration Courts. Beyond that, a significant number of the most experienced Immigration Judges are “baby boomers” who are currently eligible to retire or will become eligible shortly. For most of the Obama Administration, Immigration Judge hiring has barely exceeded the retirement replacement rate.

The bulk of the currently unfilled vacancies were relatively recently authorized by a bipartisan Congressional effort. But, not so recently that they could not have been filled by a management process that treated them as what they are — probably the most important large group of senior career Civil Service positions in Government and certainly within the U.S. Department of Justice, the repository for the Immigration Courts. Beyond helping to authorize the additional positions, however, Congressional Democrats have paid scant attention to the public unraveling of our Immigration Court system during the past eight years.

With over 500,000 pending cases, the Immigration Court System actually has a larger caseload that the entire U.S. District Court System — Civil and Criminal Dockets — with only about 60% of the authorized number of judges. Moreover, unlike U.S. District Court Judges, who are appointed by the President for life with Senate confirmation required, U.S. Immigration Judges are civil servants appointed by the Attorney General, and they serve at his or her pleasure. Consequently, Democrats cannot point the collective finger at Republicans for the high vacancy rate and the dismal state of justice in our largely dysfunctional Immigration Court System. Republicans generally have supported more resources for the overburdened Immigration Courts, and the hiring process has been within the sole control of the Obama Administration’s Department of Justice.

Assuming confirmation, new Attorney General Jeff Sessions potentially could select approximately 25% of the Immigration Judiciary, with more down the road. No Senate confirmation is required, and the new Attorney General would not be bound to follow the current hiring practices.

Because Due Process — the Immigration Courts’ one and only mission — should be a nonpartisan, nonpolitical issue, I hope that Attorney General Sessions will establish an efficient, strictly merit based hiring system that will be transparent and provide opportunity for meaningful input and participation from all segments of the immigration community, including practitioners, clinicians, and non-governmental organizations, as well as government entities involved in the administration of our immigration laws. For example, the board-based merit selection processes used for U.S. Magistrate Judges and U.S. Bankruptcy Judges have won widespread acclaim for putting professional qualifications and demonstrated excellence before partisanship.

But, if that doesn’t happen, and Democrats don’t like the results, they will have only themselves to blame for failing to pay attention and make the needed administrative and structural improvements to our critically important Immigration Court System over the past eight years.

PWS

12/26/16

Washington Post Profile Describes AG Designate Jeff Sessions’s Mixed History on Civil Rights

https://www.washingtonpost.com/news/arts-and-entertainment/wp/2016/12/22/alex-trebeks-emotional-tribute-to-cindy-stowell-cancer-stricken-jeopardy-champion/?utm_term=.efcec098c60b

If confirmed as AG (and I saw nothing in this article to suggest that he won’t be) Senator Sessions would be in charge of the United States Immigration Court System (including the Appellate Court, a/k/a the Board of Immigration Appeals), one of the largest, if not the largest — more pending cases than the entire U.S. District Court System — and most important Federal Court Systems.

PWS

12/25/16

George Will Blasts Jeff Sessions for His Position on Civil Forfeiture.

https://www.washingtonpost.com/opinions/the-very-bad-reason-jeff-sessions-is-very-unhappy/2016/12/23/213a3cb8-c86d-11e6-bf4b-2c064d32a4bf_story.html?utm_term=.dbac3501fb9b

In this op-ed, conservative pundit George Will rips AG Designate Senator Jeff Sessions for his views on civil forfeiture proceedings. Interestingly, immigration, on which Senator Sessions also has expressed strong opinions, like civil forfeiture is a nominally civil proceeding with quasi-criminal features and sanctions which in many cases exceed those which could be imposed in a criminal prosecution.

Here’s the key portion of Will’s broadside at Sessions:

“There might somewhere be a second prominent American who endorses today’s civil forfeiture practices, but one such person is “very unhappy” with criticisms of it. At a 2015 Senate Judiciary Committee hearing on forfeiture abuses, one senator said “taking and seizing and forfeiting, through a government judicial process, illegal gains from criminal enterprises is not wrong,” and neither is law enforcement enriching itself from this. In the manner of the man for whom he soon will work, this senator asserted an unverifiable number: “95 percent” of forfeitures involve people who have “done nothing in their lives but sell dope.” This senator said it should not be more difficult for “government to take money from a drug dealer than it is for a businessperson to defend themselves in a lawsuit.” In seizing property suspected of involvement in a crime, government “should not have a burden of proof higher than in a normal civil case.”

IJ’s Robert Everett Johnson notes that this senator missed a few salient points: In civil forfeiture there usually is no proper “judicial process.” There is no way of knowing how many forfeitures involve criminals because the government takes property without even charging anyone with a crime. The government’s vast prosecutorial resources are one reason it properly bears the burden of proving criminal culpability “beyond a reasonable doubt.” A sued businessperson does not have assets taken until he or she has lost in a trial, whereas civil forfeiture takes property without a trial and the property owner must wage a protracted, complex and expensive fight to get it returned. The Senate Judiciary Committee might want to discuss all this when considering the nominee to be the next attorney general, Alabama Sen. Jeff Sessions.”

Merry Christmas (to some) and Happy Holidays (to all).

PWS

12/24/16

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