John Ashcroft

[James A. Donald]

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At 11:55 PM 1/19/2001 -0500, Declan McCullagh wrote:
 > I agree with the below. But it is mistaken to treat civil asset
 > forfeiture as an issue marked by broad bipartisan condemnation.
 > Quite the opposite is true; hence, we still have it.

The capacity of police and bureaucrats to rob and kill does not depend on 
approval by judges and legislators.  Rather, the capability of judges and 
legislators to remain alive frequently depends on the good will of police 
and bureaucrats.

The legislature is in the same situation as a lion tamer.  If the lion 
tamer's whip should by some accident actually hit one of the lions, he 
would very likely be devoured.

I would argue that the the police did not start confiscating drugs because 
the legislature criminalized possession.  Rather, the legislature 
criminalized possession because drugs were small lightweight high value 
objects that were commonly in the possession of businessmen with little 
influence, and were thus frequently confiscated, much as the liontamer 
incorporates the spontaneous propensities of lions into his act, to make it 
appear they are doing things at his command.

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          James A. Donald
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