South Michigan News

Washington, D.C. -On June 6, 2023, The House Judiciary Subcommittee on the Constitution and Limited Government held a hearing entitled "Government Litigation and the Need for Reform."  In this hearing, the Fifth Amendment Integrity Restoration Act (FAIR Act), introduced by Reps. Walberg (R-MI) and Raskin (D-MD), was repeatedly cited by members on both sides of the aisle and by witness Kirby West as a solution to close civil asset forfeiture loopholes and defend due process.

Congressman Tim Walberg (R-MI) released the following statement after the Constitution and Limited Government hearing:
“Today’s hearing reinforced the need for Congress to reform the civil forfeiture process at the federal level. There are countless stories from across the country of innocent Americans from different backgrounds having property unjustly seized. Colleagues on both sides of the aisle expressed strong support for the FAIR Act and the need to continue to advance this important legislation. Representative Raskin and I will continue to fight for its passage and help better defend the rights of Americans.”

Congressman Jamie Raskin (D-MD) released the following statement after the Constitution and Limited Government hearing:
 “Reforming America’s civil asset forfeiture laws is a constitutional imperative that goes right to the heart of our Bill of Rights. It has somehow become standard operating procedure across the country for police to seize people’s private property, putting the burden on those individuals to prove their innocence and trampling over their most basic right to due process. I’m delighted that the House Judiciary Committee took up the FAIR Act in its legislative hearing today, and I will continue working with Rep. Walberg and my colleagues on both sides of the aisle to develop strong bipartisan support for this urgently needed reform.” 

During the hearing, members and witnesses stated:

“I strongly agree that the abuse and injustices allowed by our federal civil forfeiture system stand in need of serious reform and I’m heartened by the broad bipartisan support for the FAIR Act, which would do just that. My interest in this bill stems from over a decade of work in Philadelphia before coming to Congress to reform Pennsylvania’s civil forfeiture statute in many of the ways proposed by the FAIR Act,” said Constitution and Limited Government Ranking Member Mary Gay Scanlon (D-PA). 

“Civil asset forfeiture has become a device for unjustified governmental takings. Federal and state laws allow law enforcement agencies to take personal property through civil proceedings under certain circumstances. The standards for government takings of property vary from state to state and sometimes differ from federal standards. The problem today is that current federal standards for civil forfeiture invite abuse. In part, because state agencies can skirt state-based forfeiture protections and rely on more relaxed federal law to confiscate property, and that results in innocent citizens losing their property that the government simply pockets. Reform to federal law is necessary to restore the original intent of the law because it’s an important one and better protect citizens’ property,” said Constitution and Limited Government Chair Mike Johnson (R-LA).

“Reforms would be accomplished if Congress passes the FAIR Act, a bill with a wide coalition of advocates outside of Congress and strong bipartisan support within Congress, including the current and former Chair of this full committee. I urge Congress to take advantage of this opportunity to work together to address the serious long-standing injustice,” Kirby West, Attorney, Institute for Justice.

Full text of the FAIR Act can be found here.

Original source can be found here.