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------- Forwarded message follows -------
Date sent:              Tue, 8 Feb 2000 05:15:47 -0800
From:                   [EMAIL PROTECTED]
Subject:                Urgent Action Item!
To:                     [EMAIL PROTECTED] (Libertarian Party announcements list)
Send reply to:          [EMAIL PROTECTED]

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===============================================
URGENT ACTION ITEM!
FROM THE LIBERTARIAN PARTY
===============================================
Watergate Office Building
2600 Virginia Avenue, NW, Suite 100
Washington DC 20037
Phone: (202) 333-0008 Ext. 222
E-mail: [EMAIL PROTECTED]
For information about the party: (800) ELECT-US
===============================================
February 8, 2000
===============================================


U.S. Senate vote expected
on bill to reform civil asset-forfeiture laws


        Immediate action required! Telephone Senators on the below list
immediately!

        The U.S. Senate Judiciary Committee is expected to vote this
week on a bill that would dramatically reform civil asset-forfeiture
laws, which allow the government to confiscate the property of innocent
Americans who aren't even accused of a crime.

        We are asking everyone whose Senator(s) sits on the Judiciary
Committee to telephone them *immediately* and ask them to support S.
1931, The Civil Asset Forfeiture Reform Act, sponsored by Sens. Orrin
Hatch and Patrick Leahy. (A list of Senators on the Judiciary Committee
is provided below.) Though a vote is not certain to occur, we are
asking you to act now because by the time a vote is certain, it may be
too late to notify you.

        BACKGROUND:

        Last June we asked you to telephone your House representative
and ask him or her to support HR 1658, The Civil Asset Forfeiture
Reform Act of 1999, sponsored by Rep. Henry Hyde, R-IL. With your help,
that bill passed the House by an overwhelming vote of 374-48.

        Now the Senate version of that bill, S. 1931, is expected to
come up for a vote in the Judiciary Committee. The Judiciary Committee
vote is crucial because the panel is much more resistant to
asset-forfeiture reform than the full Senate. The committee is stacked
with former prosecutors and other politicians who are generally
anti-civil liberties and pro-drug war, like Sens. Charles Schumer,
Strom Thurmond, Teddy Kennedy, and Jeff Sessions.

        Our Capitol Hill sources predict that this legislation could
sail through the full Senate by a lopsided vote just as in the House --
but first it has to get through the Judiciary Committee.  That's why
it's important to put the pressure on now, using the momentum from the
House victory.

        And though this legislation is not perfect, it may be our only
chance to significantly reform asset forfeiture laws, which police
routinely use to confiscate the possessions of thousands of innocent
Americans without producing a search warrant, arresting them, or
charging them with a crime. Shockingly, these laws force Americans who
want their property back to go to court to "prove" they haven't
committed a crime, and even to post a bond before they are granted the
"right" to contest the seizure.

        Currently there are over 200 asset forfeiture laws on the
books, most of which were spawned by the Drug War. Thanks to these
laws, the cops have literally become *worse* than the robbers. Case in
point: According to the U.S. Department of Justice, bank robbers stole
assets worth a total of $28 million in 1994. But during the same year,
federal prosecutors confiscated $2.1 *billion* in cars, boats, homes,
and other property -- according to writer James Bovard. That means that
government "criminals" confiscated 75 times as much property as private
criminals!

        So let's seize this chance to stop the government from seizing
our property.

        S. 1931 would dramatically reform current law by:

        * Forcing the government to prove by a "preponderance of
evidence" standard that property is subject to forfeiture. (Current law
requires only a "probable cause" standard.)

        * Allowing property owners to sue the government for
destruction of seized property while in its possession.

        * Awarding interest payments to property owners who
successfully get their property back.

        * Eliminating the requirement that a property owner file a 10
percent bond to challenge a seizure.

        * Providing for an "innocent owner" defense, so that people who
were unaware that their property was being used unlawfully could have
it returned.

        * Requiring the government to notify in writing anyone whose
property has been seized, and forcing the government to return the
property if such notice is not given.

        * Forcing the government to pay reasonable attorneys' fees for
prevailing property owners and to pay for the appointment of counsel
for the indigent.

        Of course, Libertarians would immediately abolish asset
forfeiture laws rather than reforming them, but until we elect enough
Libertarians to do that, we will support legislation that dramatically
improves current laws, and S. 1931 would do that.

        Please pick up the phone *immediately* and complete this action
item!

        WHAT TO DO:

        Look at the list below to see if any of the Senators from your
state sit on the Judiciary Committee. If so, call the Congressional
switchboard at 202-225-3121 or 202-224-3121. Then ask to speak to the
office of your Senator. The switchboard is open 24 hours, and most
Senate offices have voice mail, so please make the call as soon as you
get this message.

        WHAT TO SAY:

        (1) Identify yourself and let them know you are a voter in
their state. Leave your name, address, complete with ZIP code, and
phone number. Please be brief, especially if you are leaving a message.

        (2) Ask them to vote YES on S. 1931, The Civil Asset Forfeiture
Reform Act, sponsored by Senators Hatch and Leahy.

        (3) Ask them to vote AGAINST any other asset-forfeiture bills,
and AGAINST any weakening amendments.

        (4) Ask them to write you a letter confirming their position.

        Is there anything else you can do? Yes! Forward this E-mail to
a friend, and ask them to call their Senator, too, if his or her name
is on the list.

        Thank you for your help!


        Sincerely,

        Steve Dasbach
        National Director
        Libertarian Party


        List of Senators on the Judiciary Committee:


        Orrin Hatch, R-UT
        Strom Thurmond, R-SC
        Charles Grassley, R-IA
        Arlen Specter, R-PA
        Mike DeWine, R-OH
        Jon Kyl, R-AZ
        Spencer Abraham, R-MI
        John Ashcroft, R-MO
        Jeff Sessions, R-AL
        Bob Smith, R-NH

        Patrick Leahy, D-VT
        Ted Kennedy, D-MA
        Joe Biden, D-DE
        Herb Kohl, D-WI
        Dianne Feinstein, D-CA
        Russell Feingold, D-WI
        Bob Torricelli, D-NJ
        Charles Schumer, D-NY


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