obtained by fraud, and obviously the government have to prove that, that there is a showing that needs to be made. but, you can get pretrial procedure orders. we did that in the special counsel investigation. obviously, that all requires proof, it requires a court to do that. but if this is where they are going, you could do that, and that doesn t have to be a charge against donald trump. it can be against the pack itself, it can be against lower level people, and still have both civil and criminal forfeiture. betsy, one of the reason we think that the grand jury is hearing evidence related possible campaign fraud, is because bernie kerik, who we mentioned in the league, and according to your reporting, was meeting with prosecutors on monday. can you tell us more about why bernie kerik may be the sort of kevin bacon of all of this? a person that connects the various spokes on the wheel? yeah, he s a bit of a forrest gump type character. he and rudy giuliani go way way back, to thei
be made, but you can get pretrial orders in the special counsel investigation. obviously that all requires proof. it requires the court to do that, but if this is where they re going, you can do that, and it doesn t have to be a charge against donald trump. it could be against the pac itself, against lower level people and still have both civil and criminal forfeiture. bernie carrick was meeting with prosecutors. can you tell us why bernie carrick may be the kevin bacon that connects the folks in the wheel? yeah, he s a bit of a forestt gump type character. bernie carrick, of course, was the nypd commissioner. he s been very close allies of
INSIGHT: How politicians, supporters use disinformation to demarket their opposition thecable.ng - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from thecable.ng Daily Mail and Mail on Sunday newspapers.
Unlike civil forfeiture, U.S. criminal forfeiture laws have never been reformed at the federal level. Congressman Henry Hyde (R–IL), who served as chairman of the House Committee on the Judiciary from January 1995 to January 2001, decided to focus solely on civil forfeiture reform a decision made to avoid a new round of fights with the Department of Justice (DOJ) that would have held up enactment of Hyde’s reform bill, the Civil Asset Forfeiture Reform Act of 2000 (CAFRA).[1]
Many state and federal statutes provide that when property is used in certain prohibited ways, ownership of the property passes to the government. Often, the statutes allow these forfeitures to be declared in civil proceedings against the property itself, without the normal safeguards of the criminal process. Indeed, if no one claims the property after proper notice, the government’s assertion of ownership can become incontestable without any judicial proceedings at all. Statutes authorizing such civil or administrative forfeiture might seem like egregious violations of both property rights and criminal-procedure rights guaranteed by the federal Constitution. But while forfeiture statutes may be unfair and unwise, this Feature cautions originalists not to assume that they are unconstitutional. The Feature concludes that the original meaning of the Constitution (as liquidated by historical practice) does not foreclose the three key features of forfeiture
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