CONGRESS HAS BAD RECORD TETHERING ITS PET MONSTERS

In her April 1 editorial-page commentary "The 'Privacy' Jihad," Heather Mac
Donald fails to understand why many think tanks and privacy advocacy groups
across the political spectrum are concerned about a number of government
proposals that would further diminish privacy rights. We have had a long
history of law-enforcement agencies going well beyond original mandates and
abusing citizens, all under the rubric of protecting us. Has Ms. Mac Donald
forgotten the many transgressions of the FBI, particularly under J. Edgar
Hoover and Presidents Johnson and Nixon, the periodic abuses by the IRS,
and prosecutors using RICO statutes for starters?

Enthusiasm for further extension of the state's police power might be
diminished by reflecting on the statement of Judge John Yoder, who served
in the Reagan Justice Department: "When I set up the Asset Forfeiture
Office, I thought I could use my position to help protect citizens' rights,
and tried to ensure that the U.S. Department of Justice went after big time
drug dealers and big time criminals, rather than minor offenders and
innocent property owners. Today, overzealous government agents and
prosecutors will not think twice about seizing a yacht or car if they find
two marijuana cigarettes in it, regardless of where they came from. I am
now ashamed of, and scared of the monster I helped to create."

Perhaps there would be less concern if Congress and the courts had tamed
the monsters they previously created.

Richard W. Rahn Senior Fellow, Discovery Institute Adjunct Scholar, Cato
Institute Washington