Update no.1186

 Update from the Sunland

No.1186

30.9.24 – 6.10.24

Blog version:  http://heartlandupdate.blogspot.com/

 

To all,

 

We lost our youngest fur baby! At 12:19 [T] MST, Friday, 4.October.2014, Bella Rae passed over the Rainbow Bridge. She was only six years young. Bella put up a valiant fight but went down hill swiftly. Her chest began to continuously fill up with fluids that squeezed her heart, lungs and stomach. The emergency room vet drained the fluid numerous times for some little temporary relief, but the vice kept closing. The vet eventually called late Friday morning and said it was time to say goodbye. Jeanne, Sadie, and I went to be with her and say goodbyes. At the end, Bella could not walk, eat, or drink, and her breathing was very difficult and pronouncedly labored. They brought her in on a gurney, laying on her side. It was a tragic loss for us and happened far too quickly for us, but those are the cards life dealt us. Now, we grieve the loss of a loving companion. Bella’s passing has left an enormous hole in our lives.

 

Vice-presidential debate occurred Tuesday evening, moderated by Nora O’Donnell and Margaret Brennan of CBS News in New York City without a studio audience and used the new rules (microphone off when not your turn). In general, the affair was a more orderly, respectful, dignified debate. The candidates did not agree on a number of issues. I did not agree with some their opinions, more so Vance than Walz. I not that vice presidents do not establish policy; they are the presidential reserve . . . just in case. From a dignity perspective, I could accept either candidate. Unfortunately, Vance is clearly and demonstrably a MAGAt, election-denier, which by itself is a disqualifying trait. I am not sure whether Vance actually believes the BIG LIE, or just his ‘opinion’ of convenience to satisfy sein Lieber Anführer.

 

The Islamic Republic of Iran (IRI) fired roughly 200 ballistic missiles at Israel in retaliation for the Israeli air attack in Beirut, Lebanon, that killed Hezbollah Secretary-general Hassan Nasrallah. Some of the rockets got through the Israeli missile defense system. Multiple videos of the attack are impressive from the sheer magnitude of the attack. Also, multiple impacts could be observed. The targets were apparently an airfield near Tel Aviv and Mossad headquarters. Damage reports are scare, and if I if was my decision, I would not make public the damage assessment, or anything that would give the IRI satisfaction for their attack.

The Israelis will quite likely carry out a serious strike of some form against the IRI or inside Iran itself. The IRI made a grave mistake attacking Israel. The IRI may have irrevocably escalated and expanded the conflict.

There is no telling where all this will end, but it looks like we are headed for worse before it is gets better.

 

A friend and consistent contributor to this humble forum raised an important issue—civil asset forfeiture. The stimulant for this discussion was the following article:

“'The truth is the truth': How civil asset forfeiture nearly destroyed an Ohio couple – Carl Nelson, a former Amazon employee, was never charged with a crime. The FBI told him he was under investigation. He was never arrested, but his money was.”

by Kevin Landers

10WBNS News

Published: 6:56 PM EDT October 1, 2024

https://www.10tv.com/article/news/local/how-civil-asset-forfeiture-nearly-destroyed-an-ohio-couple/530-00413858-6ddb-48ef-8adb-adf0c0ecd95b

I was interested in the matter of civil asset forfeiture long before this article. I have watched reports of different events that seem to have become more prominent in the last 40 years. The principle and process can be traced back at least 500 years. The process has been used and even tested in court, notably a Supreme Court ruling—United States v. Forty-Three Gallons of Whiskey [108 U.S. 491 (1883)]. The use of civil asset forfeiture changed dramatically from my perspective in 1984. Congress passed and President Reagan signed into law A joint resolution making continuing appropriations for the fiscal year 1985 [PL 98-473; 98 Stat. 1837] on 12.October.1984. That was a funding bill to keep the government running. Buried within that funding bill was Title II – Related Agencies: Chapter I, the Comprehensive Crime Control Act of 1984 [98 Stat. 1982] that dramatically alter the use of civil asset forfeiture, ostensibly to enhance the federal government’s ability to fight the so called ‘war on drugs.’ Numerous states followed suit adding comparable laws. Unfortunately, as with all such morality-based laws, they were subject to abuse by zealous prosecutors. For nearly two decades, law enforcement ran wild, virtually unchecked with little judicial oversight and an almost impossible appeal and recovery process. In 2000, Congress passed and President Clinton signed into law the Civil Asset Forfeiture Reform Act(CAFRA) [PL 106–185; 114 Stat. 202; 25.April.2000] that provided more judicial oversight and a more streamlined appeal and recovery process. But, that did not necessarily propagate to the states, which were still prone to abuse. 

Unfortunately, as I read the instigating article, I see one side of the story only. I have not been able to reach the government position. From the article, the case against Carleton ‘Carl’ Nelson appears to be a serious over reaction in a potential fraud investigation. Again, to me, it looks like a classic overzealous action against an accused and potential defendant in the case. To cause that level of damage and injury to the subject of the investigation was just wrong.

I am fairly certain civil asset forfeiture has had appropriate applications. But I also know it has had grossly inappropriate employment as it is far too prone to abuse by overzealous law enforcement and prosecutors with very thin judicial oversight. The Nelson case may well be one of those examples of such abuse.

From my perspective, civil asset forfeiture should be required to show probable cause and acquire a judicial warrant before execution, just like a search warrant. If there is risk of the flightiness of the subject assets, perhaps a 24- or 48-hour temporary action might allow law enforcement to secure the subject’s assets but demand the showing of probable cause to a judge in that period to remain in effect.

While I would like to hear more of the government’s case against Nelson, at this stage, I must label the Nelson case as gross governmental abuse. These are the cases that give me enormous concern and pause for adding greater power of unchecked, unilateral, governmental action.

 

Comments and contributions from Update no.1185:

“Thanks Cap. All good this side-apart from politicians arguing and telling us all that the current opposition ran the country very badly and they will put it right! Politicians ---yuk, us ex-military types have little or no time for those who continue to pass the buck elsewhere. If you got it wrong then you put it right soonest blaming no one but yourself.

“damp U/K, sorry that’s an understatement like many other countries we in places have recorded the wettest season everrecorded and that goes back a long way.”

My response:

Oh my, record precipitation in England is saying a lot. Hope the flooding is not too bad.

I guess politicians are the same everywhere. We need a good, contemporary, Lucius Quinctius Cincinnatus. This silly season has worn me out. Unfortunately, we have another month of agony to endure. This too shall pass.

 

My very best wishes to all.  Take care of yourselves and each other.

Cheers,

Cap                  :-)