Pubdate: Sat, 27 Jan 2001 Source: Kansas City Star (MO) Copyright: 2001 The Kansas City Star Contact: 1729 Grand Blvd., Kansas City, Mo. 64108 Feedback: http://www.kansascity.com/Discussion/ Website: http://www.kcstar.com/ Author: Karen Dillon; The Kansas City Star http://www.mapinc.org/authors/dillon+karen Bookmarks: http://www.mapinc.org/ashcroft.htm (Ashcroft, John) http://www.mapinc.org/af.htm (Asset Forfeiture) FORFEITURE RESPONSE IRKS LEAHY John Ashcroft said in his answers Friday to Senate questions that he would be willing to work to address problems in the federal forfeiture program. But Sen. Patrick Leahy criticized Ashcroft's answers to two forfeiture questions. "I am disappointed that Senator Ashcroft chose to answer my very specific questions on this issue with nonresponsive generalities," Leahy, the ranking Democrat on the Senate Judiciary Committee, said in a statement to The Kansas City Star. Leahy wrote both forfeiture questions. The first discussed the Justice Department's program of sharing forfeited drug money and property with state and local law enforcement agencies. Leahy and others have been concerned that police have evaded state laws with the help of the Justice Department to keep money that would have gone to other purposes, such as education. The Justice Department keeps part and returns the rest to police departments. "Would you agree that by allowing state authorities to evade their own state laws, (the federal program) creates an intolerable intrusion on state sovereignty?" Leahy asked Ashcroft. Ashcroft responded that he would be "happy to work with you" to find a solution "that respects both the needs of law enforcement and the constitutional demands of state sovereignty." Ashcroft also said he had "not studied this problem closely." Some Ashcroft critics found that response to be less than plausible. Ashcroft was on the Senate Judiciary Committee when it passed a forfeiture bill last year. A draft bill included a provision that addressed the circumvention of state laws by police. A report written by committee staff and circulated to the senators also discussed the problem. The senators "were debating whether or not to have a provision about this issue," said Kevin Zeese, executive director of the Common Sense Legislative Group, which pushes for drug-law reforms. "This is just not believable." In the last two years, Ashcroft's staff has told a reporter for The Kansas City Star that Ashcroft was aware of the controversy but did not wish to discuss it. Leahy also asked Ashcroft about his role as governor when the Missouri Supreme Court ruled in 1990 that police were violating the state constitution when they kept forfeited funds. "As governor, did you ever indicate that you would 'look the other way' if police ignored the constitution and the Supreme Court ruling?" Leahy asked. "Did you ever take steps to stop this practice, and if so, what steps did you take?" Ashcroft responded that he "would not suggest to any law enforcement officer or agency that I would 'look the other way' should they act contrary to the Missouri Constitution." Leahy said later that Ashcroft had not answered the question. "My question as to whether he took any steps as governor ... called for a simple 'yes' or 'no' response," Leahy said. - --- MAP posted-by: Richard Lake