Washington Post Opinion: Finally, Congress might act on an unfair law enforcement practice

The House Judiciary Committee is a forum for some of the most divisive political fights in Washington, including around social media moderation and investigations into Donald Trump and Hunter Biden. But with little fanfare, the committee last month posted a rare unanimous vote, advancing by 26-0 a bill to limit civil asset forfeiture. The legislation, introduced by Rep. Tim Walberg (R-Mich.) and co-sponsored by Rep. Jamie B. Raskin (D-Md.), among others, deserves to be considered by the full House before Congress leaves for its August recess.

The law enforcement practice of seizing money or property that officers suspect was involved in a crime has produced a train of high-profile controversies over the past decade. The Flatwater Free Press recently described the way officers in Nebraska’s Seward County have apparently made a habit of confiscating large amounts of cash from motorists under the threat of arrest on drug charges. Under civil — as opposed to criminal — forfeiture, property owners lack many traditional due-process protections.

The House bill, known as the Fifth Amendment Integrity Restoration Act, or FAIR, would put sensible controls on the practice. It would end “equitable sharing,” which allows state and local police to skirt state-law limits on civil forfeiture when they work with federal agencies such as the FBI. Local cops in joint operations with the FBI benefit from laxer federal forfeiture rules when they confiscate property and share the proceeds with the feds.

Read the full editorial at WashingtonPost.com.