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Forfeiture Response Irks Leahy
Pubdate: Sat, 27 Jan 2001
Source: Kansas City Star (MO)
Copyright: 2001 The Kansas City Star
Contact: 1729 Grand Blvd., Kansas City, Mo. 64108
Feedback: http://www.kansascity.com/Discussion/
Website: http://www.kcstar.com/
Author: Karen Dillon; The Kansas City Star
http://www.mapinc.org/authors/dillon+karen
Bookmarks: http://www.mapinc.org/ashcroft.htm (Ashcroft, John)
http://www.mapinc.org/af.htm (Asset Forfeiture)
FORFEITURE RESPONSE IRKS LEAHY
John Ashcroft said in his answers Friday to Senate questions
that he would be willing to work to address problems in the federal
forfeiture program. But Sen. Patrick Leahy criticized Ashcroft's
answers to two forfeiture questions.
"I am disappointed that Senator Ashcroft chose to answer my very
specific questions on this issue with nonresponsive generalities,"
Leahy, the ranking Democrat on the Senate Judiciary Committee, said in
a statement to The Kansas City Star.
Leahy wrote both forfeiture questions. The first discussed the Justice
Department's program of sharing forfeited drug money and property with
state and local law enforcement agencies.
Leahy and others have been concerned that police have evaded state
laws with the help of the Justice Department to keep money that would
have gone to other purposes, such as education. The Justice Department
keeps part and returns the rest to police departments.
"Would you agree that by allowing state authorities to evade their own
state laws, (the federal program) creates an intolerable intrusion on
state sovereignty?" Leahy asked Ashcroft. Ashcroft responded that he
would be "happy to work with you" to find a solution "that respects
both the needs of law enforcement and the constitutional demands of
state sovereignty."
Ashcroft also said he had "not studied this problem
closely."
Some Ashcroft critics found that response to be less than
plausible.
Ashcroft was on the Senate Judiciary Committee when it passed a
forfeiture bill last year. A draft bill included a provision that
addressed the circumvention of state laws by police. A report written
by committee staff and circulated to the senators also discussed the
problem.
The senators "were debating whether or not to have a provision about
this issue," said Kevin Zeese, executive director of the Common Sense
Legislative Group, which pushes for drug-law reforms. "This is just
not believable."
In the last two years, Ashcroft's staff has told a reporter for The
Kansas City Star that Ashcroft was aware of the controversy but did
not wish to discuss it.
Leahy also asked Ashcroft about his role as governor when the Missouri
Supreme Court ruled in 1990 that police were violating the state
constitution when they kept forfeited funds.
"As governor, did you ever indicate that you would 'look the other
way' if police ignored the constitution and the Supreme Court ruling?"
Leahy asked. "Did you ever take steps to stop this practice, and if
so, what steps did you take?"
Ashcroft responded that he "would not suggest to any law enforcement
officer or agency that I would 'look the other way' should they act
contrary to the Missouri Constitution." Leahy said later that Ashcroft
had not answered the question.
"My question as to whether he took any steps as governor ... called
for a simple 'yes' or 'no' response," Leahy said.
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