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Forfeit

The federal Government Printing Office has ordered libraries across the country to destroy five US Department of Justice pamphlets that provide how-to instructions on prosecuting asset forfeiture cases, invoking a rarely-used authority to order the removal of items the government routinely sends to hundreds of libraries.

The pamphlets are among the material the office sends each year to about 1,300 depository libraries. Those facilities, at least two in each congressional district, are designated by Congress to receive and make available copies of virtually all documents the federal government publishes.

Representatives of the 65,000-member American Library Association said they did not know why the pamphlets were ordered destroyed, and they pledged yesterday to challenge the order as an infringement on a century-old guarantee of public access to unclassified documents that the government publishes each year.

...
The office's one-paragraph directive listed the five pamphlets, with titles such as "Civil and Criminal Forfeiture Procedure" and "Select Federal Assets Forfeiture Statutes," and instructed librarians to "withdraw these materials immediately and destroy all copies by any means to prevent disclosure of their content," according to a copy of the e-mail sent to the Boston Public Library and all other depository libraries.

The directive concluded that "the Department of Justice has determined that these materials are for internal use only."
...
McDermott said federal law allows government documents created for internal use to be included in the depository system if they are considered "educational" or serve another public interest.

"We are going to push the Department of Justice on this," she said. "This material is already out there. Some of these documents are merely compilations of federal statutes. You can find this stuff in law offices and law libraries across the country. We just don't know the rationale for this."

The pamphlets contain detailed legal research on asset forfeiture law, including statutes and case histories on the legal means of seizing cash, cars, houses, boats, and other property of convicted drug dealers and other criminals.

The materials, dated from 2000 to 2004, include documents and instructions that take prosecutors from "the drafting of the forfeiture allegation . . . to post-trial phases of a criminal forfeiture case."

» Boston.com / News / Nation / Libraries ordered to destroy US pamphlets

Excerpt made on Tuesday July 27, 2004 at 02:30 PM



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