Attorney General Jeff Sessions has withdrawn President Barack Obama’s (D) blanket hold on asset seizure, but with safeguards.  I think those safeguards need improvement.

Stop sharing seized assets with local law enforcement.  Each State has its own laws regarding asset seizure by local law enforcement; these laws should be respected and not bypassed.

Also:

Sessions’ new guidelines say that state or local agencies seeking forfeiture under federal law must demonstrate probable cause within 15 days of the seizure. The sponsoring federal agency must notify the property’s owner within 45 days, so he can challenge it, including by going to court.

This is much too slow.  These agencies already have probable cause, or they couldn’t have conducted the raids and seizures in the first place.  Where a seizure is made pursuant to an unwarranted but otherwise legitimate stop or arrest, the seizure has its probable cause in the same process with which the police after the fact justify their stop/arrest.

The sponsoring agency knows at the moment of the seizure what it’s seized and what it intends to do with it; there’s no reason for a 45-day delay in notification other than to make the seizure as irrevocable as possible and, in the case of financial asset seizure, to make as great as possible the cost to the owner of his property’s recovery.

Finally, absent an actual conviction, there shouldn’t be any asset seizure outside the strictures of the already existing civil and criminal sections of the RICO statute.  That law provides sufficient grounds for seizure prior to conviction, when the seizure is made solely on the basis of an accusation.

Another word for Government’s prior restraint of private citizens, a word used by Holman Jenkins in his Friday op-ed to disguise this assault on our freedoms.

Let’s face it, with big data, with impersonal algorithms that could track every earthly resident’s web activity, travels, purchases and electronic interactions with the world, it might be quite possible to know whose life and personality are disintegrating, who might seek to resolve the impasse by going on murder binge.

Jenkins saw this favorably as the basis of a “pre-crime” era of law enforcement, however pessimistically he also saw it as coming to pass anytime soon.  I see that unlikelihood less sanguinely, but to the extent it’s slow to come or doesn’t come at all, that’s a good thing.

Then Jenkins closed his piece with this:

The more the average citizen can understand and recognize the pattern, the more such incidents likely will be avoided without us even knowing it.

Indeed, and yet Jenkins completely ignored the implication of this. We don’t need Big Brother looking over our shoulder everywhere we are, in the real world or the virtual world of social interactions, nor do we need a Hoover-esque FBI peering in through our windows, real or virtual, nor can we support any other excuse for Government extend its regulation of our lives through this new version of prior restraint.

What we need is a return to a sense of community, where private citizens look out for each other at the local level. Local problems dealt with locally are much less likely to become national problems. And even those don’t require the assault on liberty that is prior restraint, which can only be done from politicians’ definitions of alleged need for the prior.