Good for Eric Holder. (And yes, that may be the first time I’ve strung those first four words together in that order.) He’s throttling way back on the “equitable sharing” program that has helped turn civil asset forfeiture into a national disgrace. A shame it’s taken this long, and that he didn’t end the program entirely.
Radley Balko praises the order as “a big deal” and notes that if effective, it “will stop local police agencies from circumventing state laws aimed at reining them in.” (If state legislatures want to allow abuse, on the other hand, the order won’t stop them.) But Balko also warns that the order is ambiguous about whether the exception made for joint federal-state task forces will be permitted, as at least one close observer warns, to swallow the rule. Many law enforcement operations have at least a passing contact with the federal government’s many programs, and if that is enough to get them exempted from the new order, business as usual may continue in the seizure of property from unwitting victims (or even under certain assumptions might things worse.) More: Roger Pilon, Jacob Sullum, Institute for Justice; lawmakers’ letter earlier this month.