Category Archives: Politics

New Mexico legislature passes civil asset forfeiture reforms

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nm-sealNEW MEXICO — The unconstitutional procedure of civil forfeiture is being given special attention these days thanks to the Land of Enchantment. The New Mexico legislature passed H.B. 560 to limit civil forfeitures in their State. Governor Susana Martinez, however, has yet to sign it into law. The organization Freedom Works is concerned about the delay.

Recently Eric Holder announced new rules actually restricting civil forfeiture.

According to the End Forfeiture web site, there is a distinct difference between civil and criminal forfeiture.

In a criminal forfeiture, as the name implies, forfeiture of assets occurs when one is convicted of a crime. The action is taken against a person which means the person is given all rights to a criminal trial and a lawyer if one can not be afforded. The burden of evidence is on the government.

In a civil asset forfeiture, “Civil forfeiture cases are in rem proceedings—meaning that they are technically brought against the property itself rather than its owner. This legal fiction means that police and prosecutors can take and sell your cash, cars, homes or other property without having to convict you or even charge you with any wrongdoing. Fighting back means having to pay for a lawyer yourself or go it alone. And instead of the government having to prove your guilt, under civil forfeiture you must prove your innocence. It is an upside-down world that where the government holds all the cards and has the financial incentive to play them to the hilt.”

The classic example used is the IRS. If you deposit $10,000 or more regularly, that is reported to the IRS. If one starts depositing just less than that amount, the IRS assumes that you are guilty of attempting to hide something and acts to seize all of your assets. There may be no criminal charges brought against the person, but the burden of evidence is on the person to to prove their innocence. That may require lawyers fees more than the assets are worth, thus allowing the government to keep the seized assets.

The new rules by Eric Holder would require government authorities to act only on probable cause that the funds were generated by illegal activity or planned to be used in future criminal activity. In addition, if the activity does not prove to rise to the level to bring either civil or criminal trial, the agency must return assets in full.

This is a policy change, however, and can be changed by subsequent nominations to the position of Attorney General. This is just one example of why it is important for the Senate to select wisely. Freedom Works is not impressed with the civil asset forfeiture record of Loretta Lynch.

Action at the national level is not restricted to the office of the Attorney General. Senator Rand Paul (R-KY) has submitted S. 255 Senator Rand Paul (R-KY), the Fifth Amendment Integrity Restoration Act of 2015 or the FAIR Act [H.R. 540 in the House submitted by Rep. Tim Walberg (R-MI-7)].

The Senate bill would ensure that a person contesting civil forfeiture has legal representation and increase the burden of proof by the federal government to clear and convincing evidence of a criminal activity.

The act of civil access forfeiture violates not only the due process of the Fifth Amendment, but the Fourth Amendment protection against unreasonable searches and seizures and to be secure in their effects.

Civil asset forfeiture is not restricted to federal abuse. State and local law enforcement agencies have been known to seize assets without due process. The Institute for Justice gave Arizona a grade of D in 2010 for the civil forfeiture procedures in the State.

The New Mexico legislation is being hailed as the most sweeping reform of civil asset forfeiture in the history of the practice.

See Also:
1. New Mexico Nixes Civil Asset Forfeiture: Leviathan Can Be Defeated — Forbes
2. Arizona Earns “D” In “Policing for Profit” Report — Institute for Justice

Bill introduced to prevent President Obama from renaming McKinley by executive order

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Denali_Mt_McKinley

Photo by a NPS employee from Wikipedia.

WASHINGTON — was submitted by the congressional delegation of Ohio fearful that President Obama will rename McKinley to Mount Obama by executive order.

Representative Bob Gibbs of Ohio submitted H.R. 437, the text which reads:

Notwithstanding any other authority of law, the mountain located 63 degrees 04 minutes 12 seconds north, by 151 degrees 00 minutes 18 seconds west shall continue to be named and referred to for all purposes as Mount McKinley.

Okay, that is the April Fools part of the article.

Verily, the name given to the highest mountain in North America has been in dispute for some time. The Alaska Board of Geographic Names lists the mountain as Denali—meaning “the great one” in the Athabaskan language. The United States Board on Geographic Names lists it as Mount McKinley.

William_McKinley1896Efforts by Alaskan authorities have always been thwarted by the congressional delegation from Ohio—such as with this bill H.R. 437. Since being introduced in January, it moved from the House Committee on Natural Resources to the Subcommittee on Federal Lands March 2. The bill has no cosponsors.

Mount McKinley was named after William McKinley—the 25th President of the United States, serving from March 4, 1897, until his assassination in September 1901, six months into his second term. He was born in Ohio and this bill was submitted on January 21—eight days before the date of his birth in 1843.

It is rather interesting that this debate has not been given the same coverage by the media as the name of a football team.

Saving America’s Pollinators Act to ban neonicotinoids

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Beautiful flowers attract bees, butterflies and other insects.

Is CCD the result of neonicotinoids?

WASHINGTON — Representative John Conyers Jr. [D-MI-13] introduced a bill which should have Monsanto lobbyists working overtime. H.R. 1284, titled Saving America’s Pollinators Act, would ban neonicotinoids—A strain of pesticides said to be the cause of colony collapse disorder (CCD).

CCD is the decline of honeybee colonies which may be the result of neonicotinoids. It is tempting to use the famed Einstein quote about bees, but it is uncertain that he ever related bees to the decline and fall of man.

The “Findings” of the Congress in the bill says that

Scientists have linked the use of a certain class of systemic insecticides, known as neonicotinoids, to the rapid decline of pollinators and to the deterioration of pollinator health.

A 2014 Forbes article apparently disagrees that there is a problem in a September 9, 2014 article. It contends that even if all of the honeybees were killed off, there are other pollinating insects—including other bees. In addition, some plants, such as corn, are pollinated by the air.

The text of the bill, however, claims:

Native pollinators, such as bumble bees, have also suffered alarming population declines. There are currently more than 40 pollinator species federally-listed as threatened or endangered, and most recently, the iconic monarch butterfly has declined by 90 percent.

Europe banned the pesticide in 2013 drawing the ire of a Forbes opinion piece. reported in an article that:

Neonicotinoids are extremely effective. Applied to the soil, sprayed on the crop or used as a seed treatment, they are taken up in the plant, discouraging pests from wrecking havoc on crops.

This, of course, begs the question that if these pesticides are drawn into the plant, are consumers eating the pesticides, as well. They obviously cannot be “washed off.” That issue is beyond the scope of this article.

While Forbes contends that it is no big deal if a few honeybees give their lives to save a few acres of crops (assuming that we are not ingesting the pesticide), the bill claims:

A recent national survey sponsored by the Federal Government indicates that United States beekeepers experienced a 45.2 percent annual mortality rate with their hives during the period beginning in April 2012 and ending in March 2013. During the winter of 2013–2014, two-thirds of beekeepers experienced loss rates greater than the established acceptable winter mortality rate.

If true, beekeepers probably do not agree with Forbes.

The bill, however, would not be permanent. The bill allows:

Not later than 180 days after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall suspend the registration of imidacloprid, clothianidin, thiamethoxam, dinotafuran, and any other members of the nitro group of neonicotinoid insecticides to the extent such insecticide is registered, conditionally or otherwise, under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) …

until the EPA determines whether or not these insecticides are actually causing harm to pollinators in general and honeybees specific.

While other bees, and even wasps, do produce honey, none do on the scale necessary to provide a food source. Their honey is also different and not as nutritious as that of the honeybee.

It seems that farmers and beekeepers are finding themselves in the situation of ranchers and sheep herders in the days of yore.

HB 2320 and HB 2431 Stalled in House

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axcdl_logoContact House Leadership!
Commentary by Arizona Citizens Defense League

PHOENIX — The House Leadership has sidelined two AzCDL-requested bills, HB 2320 and HB 2431. If they cannot meet the March 20 deadline to be heard in Senate committees, they are effectively dead for the session.

HB 2320, which would exempt CCW permit holders from being disarmed when entering state and local government property unless every person entering is screened for weapons, only needs a Third Read floor vote to proceed to the Senate.

HB 2431, which would establish an interstate compact that restricts member states from enacting firearms transfer requirements greater than existing federal law, needs both a House Committee of the Whole (COW) hearing, currently scheduled for March 9, and a Third Read vote to proceed.

It’s time to urge the House Leadership to schedule HB 2320 and HB 2431 for Third Read votes before it’s too late.

Daylight Savings time begins Sunday

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famous-daylight-savings-time-quotes-and-sayings-2PHOENIX — Daylight savings time will begin tomorrow. Across the country clocks will “spring ahead” one hour.

Except in Arizona.

For years, Arizona has enjoyed the luxury of not having to reset their clocks. They may, however, have to reset the recording times on their VCR (if you know what those are) to ensure they can capture the latest Lady Gaga performance.

300-Native-AmericanThis distressing situation may change, however, if Republican Phil Lovas has his way.
Arizona legislature Phil Lovas (R-22) has introduced HB 2014 to make Arizona compliant with daylight savings time. He is joined by John Allen (R-15) and Paul Boyer (R-20).

HB 2014 would amend Section 1-242 of the Arizona Revised Statute to make Arizona residents change their clocks with the rest of the nation. The bill even deletes section D. of the current statute which reads:

The rejection of daylight saving time as provided for in this section may be changed by future legislative action.

Presumably this is intended to ensure that no one has to change their recording times so that they can always and forever catch the latest escapades of the Kardashians.

Fortunately there appears to have been no movement on this bill of Kawliforna influence.

Boehner’s revenge: Payback has begun for members who opposed speaker

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johnboehner0107new-300x175The House conservatives who mounted a very public, but doomed-to-fail bid to oust House speaker John Boehner are already paying the price.

After overcoming dissenters in his own party, Boehner won the speakership for a third term on Tuesday and lost little time exacting revenge. By Tuesday evening two Florida Republicans who had opposed him – Reps. Daniel Webster and Richard Nugent — had lost their seats on the powerful House Rules Committee.

And the roiling is going to continue for some time, according to Politico.

Read more at BizPac Review

McCain’s big purge

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John McCain
By Alex Isenstadt

In an interview, Schwartz blamed his ouster squarely on McCain, whom he said had singled him out. “It’s very clear what’s going on,” he said. “Look, John McCain has prominence and money and influence and because of that he thinks he can ramrod us.”

Nearly a year ago, tea party agitators in Arizona managed to get John McCain censured by his own state party. Now, he’s getting his revenge.

As the longtime Republican senator lays the groundwork for a likely 2016 reelection bid, his political team is engaging in an aggressive and systematic campaign to reshape the state GOP apparatus by ridding it of conservative firebrands and replacing them with steadfast allies.

The ambitious effort — detailed to POLITICO by nearly a dozen McCain operatives, donors, and friends — has stretched from office buildings in Alexandria, Virginia, where strategists plotted and fundraisers collected cash for a super PAC, to Vietnamese-American communities across Arizona, where recruiters sought out supporters eager to help the incumbent defeat the tea party.

Team McCain’s goal? Unseat conservative activists who hold obscure, but influential, local party offices.

Read more at Politico

Ashton Carter as Secretary of Defense? Are you kidding me?

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Wikipedia photo by David Shankbone.

Wikipedia photo by David Shankbone.

This has got to be some kind of “punk,” right? The guy from That ’70’s show as Secretary of Defense?

I mean I know appointees “retire” so quick on him that he has to scrape the bottom of the barrel to find people. But does he have to pick a guy whose closest military experience has been to watch Demi Moore in A Few Good Men and that debacle GI Jane.

I guess he did do some Texas Ranger movie a few years ago. Come on. This is a guy who gets himself in trouble “tweeting.” I mean….

Oh. Wait a minute. That’s Ashton Kutcher. Sorry, dude. Go back to whoever you were punking.

Who is Ashton Carter?