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In 2015, Obama attorney general Eric Holder instituted a new policy significantly curtailing, though by no means abolishing, equitable sharing. Sessions has now reversed Holder’s policy, and fully reinstated equitable sharing.

The situation might potentially get even worse than it was in the pre-Holder era, because Sessions also seeks to expand the federal role in the War on Drugs, including even ramping up marijuana prosecutions in states that have legalized it. The War on Drugs is a major source of federally-sponsored asset forfeitures. The restoration of equitable sharing, combined with greater aggressiveness in the War on Drugs, will create many more opportunities for asset forfeitures, and ensure the victimization of many more innocent people.

In fairness, Sessions’ policy includes a few modest safeguards for property owners:

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The Justice Department did include several requirements that it says will safeguard the due process rights of property owners. The directives require state and local police to provide additional information showing probable cause that a crime occurred before federal authorities will adopt the seizure. Seizures of under $10,000 will have to be accompanied by a warrant, a related arrest, or the seizure of contraband. Absent those provisions, a U.S. attorney would have to sign off on an adoption.

I doubt these restrictions will do much to curb abuses. A showing of “probable cause” is a long way from actually convicting anyone of a crime, and the alleged crime in question does not even have to be committed by the person whose property is seized. It is also notable that most of the restrictions can be set aside if a US attorney decides to sign off on the adoption anyway. as conservative Republican Rep. Darrell Issa puts it, “I’m glad that at least some safeguards will be put in place, but their plan to expand civil forfeiture is, really, just as concerning as it was before.”

Radley Balko rightly points out that Sessions’ new policy is a menace to federalism as well as property rights. Many states have enacted reforms preventing law enforcement agencies from profiting from asset forfeitures, thereby reducing incentives to seize the property of people who have not been convicted of any crimes. Equitable sharing circumvents these state laws, by enabling police to profit from seizures through payments funneled through the federal government. As a result, law enforcement agencies will have incentives to prioritize drug cases that are likely to net them money over violent crime and other objectives that state governments might value more.

Control over the funding and priorities of state and local law enforcement is a core element of state sovereignty. Sessions’ asset forfeiture policy is a frontal attack on it. Sadly, this undermining of federalism is of a piece with his positions on sanctuary cities (where Sessions is a leading advocate of Trump’s efforts to undermine constitutional federalism in this area) and marijuana enforcement (where Sessions wants to ride roughshod over states that have legalized pot).

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