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Comment by gamblor956

7 years ago

Obama eventually did plug the hole...

It wasn't that big of an issue until after the recession (i.e., during his second term), so it simply wasn't on his radar while he dealt with more pressing issues.

Moreover, civil forfeiture is allowed under federal law under very broad terms. It took quite a bit of time after it became an issue to draft a policy that would allow it to continue but end the excesses. Obama couldn't simply stop enforcing the law because the GOP and various state/local law enforcement agencies were prepared to sue in court to keep the gravy train going, and such a lawsuit would have kept the practice fully legal until long after his second term ended.

Indeed, Congress could have ended civil forfeiture immediately but simply eliminating the law allowing for it. But GOP members of Congress blocked every such attempt.

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gamblor956

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smsm42  7 years ago

I don't remember any serious effort at ending civil forfeiture while Democrats held majority in both House and Senate. Could you provide the link?

I think both parties have very little interest in ending civil forfeiture currently, and the executive has even less as it's reducing their power. Placing it on the GOP only is just wrong - they both share the blame on this.

> Obama couldn't simply stop enforcing the law because the GOP and various state/local law enforcement agencies were prepared to sue

That didn't stop him from discretionary stopping to enforce other laws he didn't like. Surely, they could sue, but he has the resources of the whole Federal Government, and as we've seen recently, single injunction from a friendly federal judge (Obama must have had at least one?) could stop any regulation nationwide. If he really wanted it, he could organize it so that the practice would be stopped at least until it propagates through the courts up to SCOTUS (probably several years) and he surely could stop any federal participation in the practice, and issue guidelines severely deprecating the practice. And of course one shouldn't underestimate the power of the President, especially one like Obama, just plain speaking on the matter publicly. Obama did so with many matters. On the matter of civil forfeiture, he did the exact opposite. I see no other explanation for this but his complete approval of the practice.

jmalicki  7 years ago

"Obama eventually did plug the hole..." citation?