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civil-asset-forfeiture

David, meet Goliath. Incredibly enough, a small-town Maryland dairy farmer and his wife just won their legal claim against the Internal Revenue Service and Department of Justice and will now be able to recoup tens of thousands of dollars seized in what turned out to be an unconstitutional application of civil asset forfeiture.

What’s more, the win could prove a chip in the whole block of forfeiture laws, also known in constitutional circles as the Devil of the Fourth Amendment and by property and business owners as government-sanctioned theft.

That’s because civil asset forfeiture laws, as overseen and implemented by the Department of Justice and the U.S. Marshals Service, with some help from the IRS, allow government entities to seize properties – including cash, cars, computers and a host of other items beginning with the letter A and running through the letter Z – from those who have not been convicted of any crime. In some cases, like in that of the Maryland dairy farmers, Randy and Karen Sowers, the targets of seizures don’t even have to be formally accused of any crime.

It’s a profitable business, this government taking, In 2015 alone, the Department of Justice oversaw the collection of more than $1.6 billion from the 50 states participating in the civil asset forfeiture “equitable sharing” program that then disburses funds back to localities.

The Sowers were just another statistic caught in the government’s civil asset forfeiture ring.

For years, the couple operated South Mountain Creamery in Middletown, selling eggs, milk and other dairy products at local farmers’ markets, in mostly cash transactions that poked the interest of the IRS. In 2012, the agency seized tens of thousands of dollars from the couple’s bank account, saying they had purposely deposited money in amounts less than $10,000 to avoid tripping the banking reporting requirements – a practice known as “restructuring” and one that feds say is commonly used by criminals to dodge taxes and prosecutions for illegal business ventures.

But as Forbes pointed out in a recent article: “Randy and Karen were never charged with structuring (or any other crime).”

With civil asset forfeiture, the absence of criminal behavior is not a defense. Cash seized, the Sowers faced the dismal prospect of fighting in court to prove their innocence, or forfeiting $29,500 to the feds – so they chose the payoff, Option B. Then in 2014, the IRS changed its policy and said restructuring laws, the frequent precursor to civil asset forfeitures, could only be applied to actual criminals – ostensibly, no longer to those who simply deposited the wrong amounts of cash in the bank from milk and ice cream sales. Good news for the Sowers; they sued, and the Institute for Justice that handled their case won.

In a letter, the Department of Justice wrote “the forfeiture in this matter is being mitigated in the full amount forfeited of $29,500,” and advised the Sowers to contact the IRS Asset Forfeiture Coordinator for payment. What a win – and now, the Institute for Justice is predicting the victory could “set a precedent that should make it possible for hundreds of other property owners in similar cases to get their money back as well.”

Great. But before cheering, consider this: The U.S. Marshals Service says it’s currently managing $3.1 billion worth of assets seized under the forfeiture program. That translates into 17,564 individual pieces of property or sums of seized cash, according to the agency’s own website. In 2015, roughly $365 million of seized assets were shared with state and local law enforcement. And since 1985, a total of $7.4 billion of seized properties have been shared with participating agencies. The point?

The Sowers’ win is tremendous. The chance for the Sowers’ case to set a precedent that will lead to the return of wrongfully seized properties for hundreds of other families is terrific. But that’s just a dent. Anything less than what the Fourth Amendment promises – that the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probably cause” – is an unconstitutional taking. A handful of wins does not an intact Fourth Amendment make.

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David, meet Goliath. A small-town Maryland dairy

Donald J. Trump Jr. speaks at the Republican National Convention on July 19, 2016 at the Quicken Loans Arena in Cleveland, Ohio. (Photo: PPD)

Donald J. Trump Jr. speaks at the Republican National Convention on July 19, 2016 at the Quicken Loans Arena in Cleveland, Ohio. (Photo: PPD)

Donald Trump Jr., the eldest of Donald Trump’s five children, brought the house down during his speech to the Republican National Convention. Trump Jr. gave a commanding a passionate speech in support of his father at the Quicken Loans Arena in Cleveland, Ohio.

“We have to tackle our problems head-on, he said. “We need a president who knows we can’t just delete our problems.”

Terrified over the speech, the liberally bias mainstream media attempted to accuse Donald Trump Jr. of plagiarizing a paragraph from the American Spectator.

Unfortunately, as is the sad state of American political journalism, they did not check with the writer first. FH Buckley, a law professor at George Mason University who writes for the American Conservative, explained why it was “not an issue.”

“I was a principal speechwriter for the speech,” Mr. Buckley said. “So it’s not an issue.”

Burn.

Except, in typical mediate fashion, rather than issuing a real apology, he instead tweeted a sarcastic half-witted apology.

[brid video=”55278″ player=”2077″ title=”FULL SPEECH Donald Trump Jr. Brings Down the House at RNC (71916)”]

Donald Trump Jr., the eldest of Donald

New Jersey Gov. Chris Christie rips Hillary Clinton. (Photo: AP)

New Jersey Gov. Chris Christie rips Hillary Clinton. (Photo: AP)

New Jersey Gov. Chris Christie prosecuted the case against Hillary Clinton like the former federal prosecutor he is. From Libya to Nigeria, from China to Russia, from Iran to Syria and putting the nation’s secrets at risk — “Guilty!”

“We’re going to present the facts to you…Since the Justice Department refuses to allow you to render a verdict, I’m going to present a case now, on the facts, against Hillary Clinton,” Christie said, pausing only to take in the chants of “Lock her up! Lock her up!”

Gov. Christie spent the next 12 minutes trashing Mrs. Clinton, asking the crowd “guilty or not guilty” over her record as secretary of state. At one point to stop the crowd, he told them that “we’re not done yet — the indictment is hardly complete.”

In his opening statements address, the former presidential candidate tried to soften Donald Trump’s image, calling him a 15-year “friend” and stating America would be led by “a caring, genuine and decent person” if he is elected in November. Then, it was all about Hillary.

“In the past few weeks we have seen this Justice Department refuse to prosecute her. Over the last eight years, we have seen this administration refuse to hold her accountable for her dismal record as secretary of state,” Christie said. “So lets do something fun tonight. Tonight, as a former federal prosecutor, I welcome the opportunity to hold her accountable for her performance and her character.”

“We cannot reward incompetence and diseat, adding that a Clinton presidency would bring “all the failures of the Obama years only with “less charm.”

New Jersey Gov. Chris Christie prosecuted the

[brid video=”55267″ player=”2077″ title=”Republican National Convention Live Stream Official”]

Watch live the 2016 Republican National Convention held in Cleveland, Ohio at the Quicken Loans Arena from July 18 to 21, 2016. In 2016, the Republican Party for the fourth time will host its convention in Ohio. The Buckeye State also played host to the 1876, 1924 and 1936 Republican National Conventions in Cincinnati (’76) and Cleveland (’24 and ’36).

The states have begun casting their official votes to nominate the Republican candidate for president. After last-minute drama over how Alaska’s votes were recorded, House Speaker Paul Ryan, R-Wis., who serves as the convention chairman, officially declared Donald Trump has been nominated as the Republican candidate for president with 1,725 delegates.

Traditionally, the presumptive nominee does not make an appearance until the final day when they give their speech accepting their party’s nomination during primetime. Mr. Trump will officially accept the Republican Party nomination for president on Thursday.

  • Monday, 18th July

    Headliners: Melania Trump, Lieutenant General (ret.) Michael Flynn, U.S. Senator Joni Ernst (R-Iowa), Jason Beardsley and U.S. Rep. Ryan Zinke (Mont.)

  • Tuesday, 19th July

    Headliners: Tiffany Trump, Kerry Woolard, Donald Trump, Jr., U.S. Sen. Shelley Moore Capito (WV), Ben Carson and Kimberlin Brown.

  • Wednesday, 20th July

    Headliners: Lynne Patton; Eric Trump; former Speaker of the U.S. House of Representatives Newt Gingrich, and Indiana Governor Mike Pence

  • Thursday, 21st July

    Headliners: Peter Thiel, Tom Barrack, Ivanka Trump and Donald Trump

Watch live the 2016 Republican National Convention

Donald Trump arrived on stage last night in Cleveland to Queen's 1977 classic track We Are the Champions. (Photo: AP)

Donald Trump arrived on stage last night in Cleveland to Queen’s 1977 classic track We Are the Champions. (Photo: AP)

Delegates at the Republican National Convention in Cleveland, Ohio have officially nominated Donald J. Trump as the Republican Party candidate for President of the United States. Alabama Sen. Jeff Sessions nominated Mr. Trump, who carried his state and has been an ally on trade and immigration, in the initial vote.

“One man would not be intimidated,” he said, citing the multiple globalist front that sought to derail his campaign. “And the American voters awarded his courage with the most votes ever.”

As People’s Pundit Daily previously reported, Mr. Trump won more votes in a Republican presidential primary than any other candidate in the party’s history, topping the previous record set by George W. Bush even before the season was over.

Read More: Popular Vote Totals in Republican Primary

“Donald Trump is the single leader that can get this country on track,” Sen. Sessions said. “He has the strength, the courage and will to get it done.”

The role Sen. Sessions played is particularly noteworthy, both at the convention and during the primary campaign. Texas Sen. Ted Cruz, a former rival and top non-Trump candidate, had been touting his stance against amnesty with the Alabama senator up until the day he announced he was backing Mr. Trump. It was an enormous blow to Sen. Cruz and the anti-Trump forces, who are now dead in the water.

“Together, we will Make American Great Again!” he said to a crowd shouting the nominees name. “Mr. Speaker, it is my great pleasure to nominate Donald J. Trump for the Office of the United States of America.”

Donald J. Trump Jr., speaking for the state of New York, which voted overwhelmingly for their hometown candidate, put Mr. Trump over the 1,237 number needed to secure the nomination. It is noteworthy to mention that–during the primary season–he was the only candidate to win a majority in his own home state. The Empire State was also the first state to cast a majority for the candidate.

“We are going to put the state of New York in play in November,” his son said. “Congratulations Dad, we love you!”

Worth noting, the state of California, which gave all 172 delegates to Mr. Trump, was the most diverse delegation from the state (or perhaps any other) than PPD has seen at a Republican National Convention. Mr. Trump has long-said that he could play in the Golden State, something even our own senior political analyst believes is a heavy lift, but the energy out of the delegation was unprecedented nonetheless.

“It is almost impossible to overstate what Donald Trump has accomplished. It is historic in American political history for an outsider, let alone in such a crowded talented field, to win the nomination of a major political party” PPD’s own Richard Baris said. “I’m skeptical regarding California, but I’m certainly not going to volunteer at this point to be the latest to be proven wrong on Mr. Trump.”

Another notable moment came when Corey Lewnadowski, the former campaign manager and still-friend to the Republican nominee, read off the state of New Hampshire’s votes on the floor of the convention. The Granite State was the first of 38 victories won by the New York businessman.

After last-minute drama over how Alaska’s votes were recorded, House Speaker Paul Ryan, R-Wis., who serves as the convention chairman, officially declared Donald Trump has been nominated as the Republican candidate for president with 1,725 delegates. Mr. Trump will officially accept the Republican Party nomination for president on Thursday.

Meanwhile, with an overwhelming voice vote and no objections from the delegates, Indiana Gov. Mike Pence was nominated as Mr. Trump’s vice presidential running mate.

Delegates in Cleveland, Ohio have officially nominated

[brid video=”55267″ player=”2077″ title=”Republican National Convention Live Stream Official”]

The states have begun casting their official votes to nominate the Republican candidate for president. After last-minute drama over how Alaska’s votes were recorded, House Speaker Paul Ryan, R-Wis., who serves as the convention chairman, officially declared Donald Trump has been nominated as the Republican candidate for president with 1,725 delegates.

The Vice Presidential vote is next.

The states have begun casting their official

Kansas-City-Police-Officer-Robert-Melton

Kansas City Police Officer Robert Melton died after being shot while responding to reported drive-by shooting, Chief Terry Ziegler confirmed. Officer Melton was in critical condition after being shot Tuesday afternoon and Chief Ziegler city’s police chief called for prayers on social media.

Chief Zeigler tweeted news of the shooting just after 2 p.m. local time and the police department later confirmed the officer had died from his injuries. According to the statement from police, officers were originally called to the scene at around 1:35 p.m. after a 911 caller reported that at least three people were shooting at him from a vehicle. The suspects fled when officers arrived, and one of them was arrested at the scene.

Officer Robert Melton was shot approximately 20 minutes after the initial call, while trying to make contact with a second suspect. The Kansas City Star reported that police swarmed the area where the shooting took place, some of them holding rifles. Several officers took cover behind cars.

The injured officer’s car was in the middle of the street, police spokesman Cameron Morgan said.

“There’s glass and blood all around it,” Morgan said.

The paper also reported that police were gathering at the hospital where the officer had been taken. The report described one female officer walking to her car in tears. Tuesday marked the second time this year that a Kansas City, Kan., police officer had been shot in the line of duty. Detective Brad Lancaster, 39, was shot and killed near Kansas Speedway during a violent crime spree on May 9.

“Condolences don’t seem enough anymore. Our friends and neighbors across the state line, the Kansas City Kansas Police Department – KCKPD, lost another officer in the line of duty today – their second this year,” a police statement said. “Another protector’s family is grieving. Another police department is hurting. We all are. We stand ready to assist our neighbors in any way possible.”

Kansas City Police Officer Robert Melton died

Pat Smith, left, the mother of Sean Smith, who died during the attack at the U.S. Consulate in Benghazi in 2012, speaks at the 2016 Republican National Convention. State Department headquarters, right, in D.C., left, and, right, Hillary Rodham Clinton speaks to the reporters at United Nations headquarters on Tuesday, March 10, 2015. (Photos: PPD/AP/Seth Wenig)

Pat Smith, left, the mother of Sean Smith, who died during the attack at the U.S. Consulate in Benghazi in 2012, speaks at the 2016 Republican National Convention. State Department headquarters, right, in D.C., left, and, right, Hillary Rodham Clinton speaks to the reporters at United Nations headquarters on Tuesday, March 10, 2015. (Photos: PPD/AP/Seth Wenig)

I normally prefer to spend my time analyzing polls, economic reports and other data the media routinely lies about to the American people. But I’m making an exception to call Chris Matthews a disgusting little twerp.

That’s right, “Mr. Tingle Up My Leg”. You’re a disgusting human being so entrenched in politics you would denigrate a woman who lost her son because your benefactor is incompetent, corrupt and wanted to keep her promise to the current president in order to preserve his support for her presidential bid in 2016.

You “don’t care what that woman up there, the mother, has felt,” in your own words? “It’s not true. It’s not logically true.”

Really? Do you want to see the cables directed to your buddy begging for security in a region emails prove everyone knew was a powder keg? I’ll send them over to you with the emails showing she damn well knew she was lying to Pat Smith and Charles Woods when she blew YouTube smoke up their @$$ like the tingle that goes up your leg when you’re in the presence of Barack Obama.

I’m not even going to expand on how pathetic that statement was, only leave you with a open invitation to debate Benghazi and Hillary Clinton’s subsequent coverup. I’ll destroy you on your own show you latte-drinking sycophant.

I'm making an exception to my normal

Hillary-Trump-Johnson

Presidential candidates Hillary Rodham Clinton, left, former New Mexico Gov. Gary Johnson, center, and New York businessman Donald J. Trump, right. (Photos: AP)

Over the years, I’ve repeatedly tied to explain why socialism is a terrible system while also explaining that we should be careful not to label people as socialists if it’s more accurate to refer to them as statists, redistributionists, cronyists, or fascists.

To help illuminate this issue, here’s a four-quadrant matrix. Free markets are on the left and state planning is on the right. And small government is on the top with redistribution is on the bottom.

So it’s a very good idea to be in the top-left quadrant, hopefully close to the corner, sort of like Hong Kong and Singapore. And it’s a big mistake to be in the bottom-right quadrant, sort of like Cuba, North Korea, and Venezuela.

Notice, by the way, that Denmark and Sweden are more free market than the United States (i.e., further to the left), but with much more redistribution (i.e., closer to the bottom). Which is exactly what you see when you look at the underlying data from Economic Freedom of the World.

Let’s augment our four quadrants by adding a couple of historical examples, which are colored red.

In the top left quadrant, we have the United States in the late 1800s, which is when we had a public sector that was significantly smaller than what Hong Kong has today. Heck, nations such as France and Sweden also had very small governments in the 1800s, which is when the western world became rich.

I also added the National Socialists from 1930s Germany. Their fascist economic system retained the veneer of private ownership, but state planning was the dominant economic model.

Moreover, it would be very illuminating to have a three-dimensional matrix in order to capture the difference between cronyism/interventionism and socialism/state planning.

Both involve government officials exercising power over the allocation of resources, of course, but cronyism/interventionism tends to be ad hoc and morally corrupt while socialism/state planning tends to be systemic and intellectually corrupt.

Though if a government engages in enough cronyism/interventionism (thinkVenezuela), the net result looks a lot like socialism/state planning (think North Korea).

Or maybe we should have a four-dimensional matrix so we also can distinguish between systems with nominal private property (such as fascism) and ones where the government owns the “factors of production” (such as socialism and communism).

The unfortunate reality is that there are several strains of statism, all of which are bad.

By the way, one of Hillary Clinton’s advisors, Gene Sperling, was recently asked about the difference between a socialist and a Democrat and was accused of dodging the question just like Hillary (and, I would add, Debbie Wasserman-Schultz).

“I’m not here to do general definitions,” replied Gene Sperling, a Hillary Clinton economic adviser, when asked by MSNBC: ‘What is the difference between a socialist and a Democrat?’ MSNBC’s Chris Matthews stumped Hillary Clinton with the same question several months ago.

Though, if you watch the interview, I think Gene actually gets close to the truth. He said Hillary was a “progressive” (which presumably means lots of redistribution), but nonetheless supports the market economy (as opposed to state planning).

To be sure, there are many examples of Hillary wanting to engage in interventionism, so Sperling may be right about socialism but wrong about Mrs. Clinton.

Let’s close with a video on socialism from Dennis Prager, though it applies equally to redistributionism (or any system where people can use the coercive power of government to obtain unearned goodies).

One of the most insightful parts of the video was when Dennis pointed out that excessive government weakens character. Which is just another way of pointing out that statism erodes social capital.

And I fear he’s right that regaining and restoring character is not that easy. Once people have decided that it’s morally acceptable to use the power of government to take what other people have produced, restoring an ethical society is probably like putting toothpaste back in a tube.

Which explains why I am so miserably pessimistic about the future of places such as Greece.

CATO economist Daniel Mitchell examines the economic

[brid video=”55223″ player=”2077″ title=”Pat Smith “I Blame Hillary Clinton Personally for the Death of My Son””]

Pat Smith, the mother of Sean Smith, who was killed during the attack on the U.S. Consulate in Benghazi, shredded Hillary Clinton during a speech Monday night at the Republican National Convention.

“The night before the attack, he told me ‘Mom, I am going to die. The security has been pulled,'” she said in an emotional speech at the Quicken Loans Arena Monday night. “For all of this loss, for all of this grieve, for all of the cynicism the tragedy in Benghazi has brought upon America I blame Hillary Clinton. I blame Hillary Clinton personally for the death of my son.”

“She lied to me and then called me a liar,” she said to a tearing up crowd, which drew loud boos.

On September 11, 2012, just a few short weeks before the presidential election, Smith and three other Americans–U.S. Ambassador Christopher Stevens, former Navy Seals Tyrone Woods and Glen Doherty–were murdered in what then-Secretary Clinton knew at the time to be an Islamic terror attack.

As People’s Pundit Daily has repeatedly reported, Mrs. Clinton lied to Pat Smith and the father of another victim, Tyrone Woods, right to their face at Andrews Air Base a few short days after the attack. Then, she accused them of lying and, when gently pressed during an interview with her sycophant George Stephanopoulos, Mrs. Clinton said she did not lie to the families of the Benghazi victims but instead was caught up in “the fog of war.”

Pat Smith, left, the mother of Sean Smith, who died during the attack at the U.S. Consulate in Benghazi in 2012, speaks at the 2016 Republican National Convention. State Department headquarters, right, in D.C., left, and, right, Hillary Rodham Clinton speaks to the reporters at United Nations headquarters on Tuesday, March 10, 2015. (Photos: PPD/AP/Seth Wenig)

Pat Smith, left, the mother of Sean Smith, who died during the attack at the U.S. Consulate in Benghazi in 2012, speaks at the 2016 Republican National Convention. State Department headquarters, right, in D.C., left, and, right, Hillary Rodham Clinton speaks to the reporters at United Nations headquarters on Tuesday, March 10, 2015. (Photos: PPD/AP/Seth Wenig)

“This has been a difficult week for the State Department and for our country,” she said at Andrews Air Force Base on Sept. 14, 2012. “We’ve seen the heavy assault on our post in Benghazi that took the lives of those brave men. We’ve seen rage and violence directed at American embassies over an awful internet video that we had nothing to do with. It is hard for the American people to make sense of that because. it is senseless, and it is totally unacceptable.”

The report released by the House Select Committee on Benghazi confirmed PPD’s previous reporting. During a press conference held by the Republican members of the committee on June 28, Rep. Jim Jordan, R-Ohio, flat-out said Mrs. Clinton–now the presumptive Democratic nominee–deliberately misled the public. While explaining his view of what happened leading up to, during and after the night of the attack, Rep. Jordan explained how Mrs. Clinton knew the YouTube story was a fabrication.

“At 10:08 that night with Tyrone Woods still on the roof of the annex fighting for his life, Secretary Clinton issues this statement; the official statement on Benghazi; the official statement of our government,” Rep. Jordan said. “‘Some have sought to justify this vicious behavior as a response to this inflammatory material on the Internet.’ We know that statement was misleading because an hour later she told her daughter ‘terrorists killed two of our people today’.”

Worth noting, a recent Rasmussen Reports survey found nearly half (49%) of likely voters believe Mrs. Clinton lied to the Benghazi victims’ families. The poll was conducted after the House Select Committee on Benghazi released its final report last week.

Pat Smith, the mother of Sean Smith,

People's Pundit Daily
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