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An Open Letter to the Senate Regarding Loretta Lynch


The nomination of Loretta Lynch to the position of Attorney General is before you. Although her intelligence, experience, and poise may appear to make her a superb candidate, it is clear now that she would be an extremely poor – even dangerous — choice due to her strong position on civil asset forfeiture.

The need to safeguard civil liberties and individual rights is a priority for all Americans. Do you really want to consider confirming a person who has been exceedingly proud of her record of taking property without due process…of practicing guilty until proven innocent? This is a very serious issue, not to be taken lightly.

Civil asset forfeiture is a particularly egregious abuse of power, allowing the government to seize property and cash if it merely suspects wrongdoing, even with no evidence and no charging of a crime.

Loretta Lynch was particularly lucrative in this regard as the U.S. attorney for the Eastern District of New York. Between 2011 and 2013, the forfeiture operations under her management netted more than $113 million in civil actions. Lynch’s division was among the top in the country for its collections. But this is not something to be proud of.

In one particularly appalling case, Loretta Lynch’s office seized nearly a half-million dollars from two businessman in 2012 and sat on it for more than two years without a court hearing or appearance before a judge. In fact, no crime had been committed. These men were denied due process and deprived of their assets without warning or criminal charges. Lynch suddenly returned the money just weeks ago on January 20, 2015 — on the eve of her confirmation hearings, having found no wrongdoing by the men either.

During Lynch’s confirmation hearing testimony pertaining to civil asset forfeiture, Lynch stated that “civil and criminal forfeiture are very important tools of the Department of Justice as well as our state and local counterparts.” She further argued that forfeiture is “ done pursuant to court order, and I believe the protections are there.” This is, in fact, not true. In the case mentioned above, there was not only no court order, but also no hearing at any time in nearly three years. That is unconscionable. And this is only one of many similar, well-documented, incidents.

The problem of civil asset forfeiture is that the government can confiscate money or property under the mere suspicion of a crime without ever actually charging someone. The person must prove his innocence to reclaim what was seized, which is a burden of time and money and readily seems to go against our staunch American belief of “innocent until proven guilty.” What’s more, besides the obvious threat to civil liberties, those most likely to be victims are poor and minority citizens.

Thankfully, in recent months, individuals and organizations on both sides of the political aisle have come together to demand reform to this unjust practice. Bipartisan legislation has been proposed in Congress; groups ranging from the Heritage Foundation to the American Civil Liberties Union have been increasingly critical of civil asset forfeiture practices. Even Eric Holder has called for changes and the IRS has recently and publicly pledged to reduce its involvement as well.

Loretta Lynch and her record on civil asset forfeiture represents the worst of this “tool for law enforcement”. A vote for her confirmation is a vote you will never be able to walk back. Do you really want to confirm a person who is so deeply committed to civil asset forfeiture at the very same time in America that there is strong bipartisan support for protecting civil liberties and walking back the laws pertaining to this practice? It makes no sense to proceed down this path.

Loretta Lynch may arguably be the most successful forfeiture agent in government today. This is not a positive quality for an Attorney General. The practice is abusive and her tactics even more so. Voting to confirm a person with such an atrocious civil liberties record is certain to cause problems for you down the road when you have to answer for your support. Therefore, on behalf of all Americans, I urge you to vote no for her confirmation.

An Open Letter to Senatorial Democrats


The nomination of Loretta Lynch to the position of Attorney General is before you. Although her intelligence, experience, and poise may appear to make her a superb candidate, it is clear now that she would be an extremely poor – even dangerous — choice due to her strong position on civil asset forfeiture.

Though I as a libertarian and you as a liberal may disagree on many things, the need to safeguard civil liberties and individual rights is a priority for both of us. Do you really want to consider confirming a person who has been proud of her record of taking property without due process…of guilty until proven innocent? She may very well bring down anyone who supports her candidacy.

Civil asset forfeiture is a particularly egregious abuse of power, allowing the government to seize property and cash if it merely suspects wrongdoing, even with no evidence and no charging of a crime.

Loretta Lynch was particularly lucrative in this regard as the U.S. attorney for the Eastern District of New York. Between 2011 and 2013, the forfeiture operations under her management netted more than $113 million in civil actions. Lynch’s division was among the top in the country for its collections. But this is not something to be proud of.

In one particularly appalling case, Loretta Lynch’s office seized nearly a half-million dollars from two businessman in 2012 and sat on it for more than two years without a court hearing or appearance before a judge. In fact, no crime had been committed. These men were denied due process and deprived of their assets without warning or criminal charges. Lynch suddenly returned the money just weeks ago on January 20, 2015 — on the eve of her confirmation hearings, having found no wrongdoing by the men either.

During Lynch’s confirmation hearing testimony pertaining to civil asset forfeiture, Lynch stated that “civil and criminal forfeiture are very important tools of the Department of Justice as well as our state and local counterparts.” She further argued that forfeiture is “ done pursuant to court order, and I believe the protections are there.” This is, in fact, not true. In the case mentioned above, there was not only no court order, but also no hearing at any time in nearly three years. That is unconscionable. And this is only one of many similar incidents.

The problem of civil asset forfeiture is that the government can confiscate money or property under the mere suspicion of a crime without ever actually charging someone. The person must prove his innocence to reclaim what was seized, which is a burden of time and money and readily seems to go against our notion of “innocent until proven guilty.”

In recent months, individuals and organizations on both sides of the political aisle have come together to demand reform to this unjust practice. Bipartisan legislation has been proposed in Congress; groups ranging from the Heritage Foundation to the American Civil Liberties Union have been increasingly critical of civil asset forfeiture practices. Even Eric Holder has called for changes and the IRS has pledged to reduce its involvement as well. What’s more, besides the obvious threat to civil liberties, those most likely to be victims are poor and minority citizens.

Loretta Lynch and her record on civil asset forfeiture represents the worst of this “tool for law enforcement”. A vote for her confirmation is a vote you will never be able to walk back. Do you really want to confirm a person who is so deeply committed to civil asset forfeiture at the very same time there is strong bipartisan support for protecting civil liberties and walking back the laws pertaining to this practice?

Loretta Lynch may arguably be the most successful forfeiture agent in government today. This is not a positive quality for an Attorney General. The practice is abusive and her tactics even more so. Voting to confirm a person with such an atrocious civil liberties record is certain to cause problems for you down the road. I urge you to vote no for her confirmation.

Thomas Perez Called For “Shared Prosperity” 20 Times in Speech


Thomas Perez was Obama’s Labor Secretary pick 15 months ago, and he’s emerging as top contender for Attorney General as well. Is it any wonder that he gave a major speech at the National Press Club this week to share his vision of America? Entitled, “Calling for an Economy That Works for Everyone”, Perez discusses the concept of “shared prosperity”.

How many times did he use that phrasing? Try 20 times. These phrases were bold in the speech:

*”An economy that works for everyone is one where prosperity is broadly shared.”
*”The principal unfinished business of this recovery is to ensure that prosperity is broadly shared, and that we build an economy that works for everyone.”

So what is “shared prosperity”? Perez describes, “Step one involves tearing up the talking points and understanding history. Shared prosperity is not a fringe concept cooked up by socialists. Historically, both parties have embraced it with their words and their actions. In fact, it’s a principle as American as apple pie, and it’s the linchpin of a thriving middle class.”

He then cites Teddy Roosevelt, Goldman Sachs CEO, and Janet Yellen as supporters of this concept.

Perez went on to describe three major initiatives which consisted of: raising the minimum wage, more federal spending on infrastructure, and immigration reform. Perez states that a majority of small businesses support a minimum wage increase. He further declared that “shared prosperity” is found in “big bold policy initiatives”, such as “comprehensive immigration reform” (hint: amnesty). Perez claims that immigration reform would raise the GDP 5.4% over the next 20 years and raise wages for workers. This is in contrast to the CBO report that suggests wages would actually be lowered.

Other facets of Perez’s vision of prosperity include: paid leave, job training, and the “importance of the worker voice”, via collective bargaining. Perez particularly praised the collaborative efforts of the SEIU and UAW, calling unions a “critical step” in “shared prosperity”.

Additionally, Perez’s “shared prosperity” called for leadership. Perez’s vision is that of Obama’s: “First, we need leadership from Washington. And if Congress won’t do its part, President Obama has demonstrated that he’ll use his executive, regulatory and convening authorities — his pen and his phone, as he says — to provide that leadership.”

Interestingly, (coincidentally?), “Shared Prosperity” was “Resolution 6” at the Annual AFL-CIO Conference in August 2013. This was held less than a month after Perez became Labor Secretary, and many of its tenets sound remarkably like those championed by Perez, such as:

“• a secure job that pays a living wage in a safe workplace for all who seek one;
• a voice at work—through our unions and through collective bargaining with our employers”

The resolution further describes, “The values of shared prosperity are locked in conflict with the agenda of financial elites and global corporations. But in the end this conflict is self-defeating. A world of radical inequality is not in anyone’s long-term interest. That is why we seek a global economy where worker rights and the environment are protected, an economy where global finance is regulated and put to work to increase shared prosperity.”

You can read the entire agenda here. And apparently, the Washington State Labor Council was so impressed with this idea, they announced their own “shared prosperity” agenda in January 2014. Will other state councils follow suit?

“Shared prosperity”, however, is really nothing new. Hillary Clinton discussed this very concept in a campaign speech from 2007, entitled “ECONOMIC POLICY: Modern Progressive Vision: Shared Prosperity”. And at a campaign fundraiser in 2012, Obama also called for “shared prosperity” in his own speech when he asked folks in Chicago: ““Do we go forward towards a new vision of an America in which prosperity is shared? Or do we go backward to the same policies that got us in this mess in the first place?”.

As our current Secretary of Labor, Perez wished to implement this vision of “shared prosperity” into labor practices for America. If Perez is on the short list for Attorney General, how does he feel about the law? One more excerpt from his speech:

“Leadership also means enforcing the law fairly and independently. At the Labor Department, we’re being more strategic and aggressive than ever about cracking down on wage theft, misclassification and other violations. During the Obama Administration, we’ve recovered more than $1 billion in back wages. We’ve taken enforcement to a whole new level — not only because it gives workers the pay they’ve earned, but also because it levels the playing field and helps the vast majority of employers playing by the rules. Laws are only as effective as the political will of those enforcing them.”

Thomas Perez’s previous position before becoming Labor Secretary was serving as the Assistant Attorney General for the Civil Rights Division of the United States Department of Justice. No wonder he is a front runner to succeed Eric Holder.