Oct 7th, 2009

Highway Robbery in Texas

Texas Statute Paves Way for Highway Robbery

Last Friday, the ACLU and the ACLU of Texas submitted a brief to the Texas Attorney General's office
arguing that a District Attorney in East Texas should be barred from using money unfairly taken from
motorists under Texas's asset forfeiture law to defend herself from a lawsuit brought by motorists who
claim that their property was taken illegally.
The District Attorney, Lynda K. Russell, is accused of participating in a scheme in which police officers
routinely pulled over motorists in the vicinity of Tenaha, Texas without cause, asked if they were
carrying cash and, if they were, ordered them to sign over the cash to the town or face felony charges of
money laundering or other serious crimes. The seizures were purportedly made under Texas's asset
forfeiture law, which enables authorities to seize the profits of crime without a conviction. However,
authorities had no evidence that plaintiffs were engaged in any criminal activity. None of the plaintiffs
was arrested or ever charged with a crime. In a CNN.com article, David Guillory, one of two lawyers
representing the plaintiffs, estimates that authorities in Tenaha seized an astounding $3 million between
2006 and 2008, and that in about 150 cases – almost all of which involved African-American or Latino
motorists – the seizures were illegal.
District Attorney Russell argued that she should be able to use these funds for the "official purpose" of
defending herself from charges that she threatened motorists with criminal charges if they didn't hand
over their money. The irony is rich, given that the purpose of the asset forfeiture law is to make sure
that criminals don't benefit from their crimes. Furthermore, Texas law prohibits the D.A. from using
forfeited assets for this purpose.
According to state legislator John Whitmire, police agencies across Texas are wielding the asset-
forfeiture law more aggressively these days to shore up their shrinking operating budgets. In Tenaha,
the facts show that it was African American motorists who were forced to pay the price for the
economic shortfall. Similarly, near the Mexican border, Hispanics allege that they are being singled out
by local law enforcement. Yet again, it looks like people of color have come to bear the brunt of unfair
and illegal enforcement of policy. What's more, this is not the first time that the use of asset forfeiture
as a law enforcement tool has been criticized. The practice received considerable attention in 2000 and
2001.
Although the ACLU opposes the use of forfeited assets to pay for District Attorney Russell's defense,
the ACLU has also argued that she should receive skilled government legal representation. In a
disturbing refusal to accept responsibility for the D.A.'s actions, the Attorney General and the county
both refused to represent Russell. Left unchallenged, this position is a threat to the civil and
constitutional rights of all citizens. When a public official violates constitutional rights, the government
must be held accountable. Otherwise, a dangerous precedent is set whereby government may excuse
itself from overseeing the people it empowers and finances to act on its behalf. Either the county or the
State must step up and take responsibility for Russell's actions in Tenaha. assistance and postings that
could cause ACLU to incur legal liability. 21 Responses to "Texas Statute Paves Way for Highway
Robbery"
1. Annerackham Says:
Oct 11th, 2009 at 4:01pm
How can this be Constitutional? No charges? No arrests? I can recall, back in the day (60s and
70s) when this kind of thing happened fairly regularly. But, no one ever said it was legal, or
 pretended it was anything other than what it was...bullies with guns shaking you down. Back
then, there really was no way to challenge this form of robbery. And the alternative to going
along was prison, plain and simple. Surely, we've come a little way out of the darkness by now'
even in Tenaha, TX.,eh?
2. Pat Says:
Oct 14th, 2009 at 3:06pm
What can I say--but Wow. I thought things like this only happened in Mexico or Moldova. This
is very bad--and a bad law. Why no repeal since it has been around so long? Shocked! This
makes not want to visit Texas--ever.
3. bill Says:
Oct 16th, 2009 at 7:59pm
This is simply outrageous!!! It is an abuse of the law. Just because I might have just gotten paid
from my job and do not have a bank account does not prove that I am engaged in some sort of
money laundering and other felonious behavior.
These laws, re money laundering, need to be applied to the Police Department for which the
Chief, his deputies should answer and Linda with a term in a prison term and being banned from
serving in law enforcement anywhere in the United States again again as well as
well as being banned from practicing law ever again in the case of Linda.
Yes this is nothing short of Highway Robbery. In the old days, Judge Roy Bean would hang'em
high for this.
4. bill Says:
Oct 16th, 2009 at 8:15pm
Pat:
This can not be simply repealed at the local level and be done with it. It is a Federal Law upon
which Texas bases their laws on, that needs to be changed. It goes back to the glory drug-pin
days when the Bahamas were the King Pin of the drug wars. Federal agents broke into homes,
(usually with good proof), seized homes, cars, cash, planes, bank accounts etc. The Drug scene
has now moved from the Bahamas to the Mexican border with Mexicans not only dealing in
Drugs and murdering innocent people ---but they also have and are engaged in other terrorist
activities such as smuggling human cargo, nuclear bombs (US FED agents caught such a case in
which a tunnel was going to be used).
We can change this by bringing this to the attention of Congress and the higher Courts and
hopefully the ACLU will succeed at all levels here because this is a travesty against the People.
Meanwhile, I hope that the victims of those who are suppose to protect us from robbery will
soon own Tenaha, Texas because as I see it---the Town of Tenaha owes them between 100-
million to 1 billion dollars.
The problem is that these agents apparently had no proof of any crime and were
indiscriminately arresting anyone and in the process violating the civil rights of all. One can
understand precautions being in a State near the Mexican Border but Tenaha is not on the
National border and in fact borders Louisiana. Such precautions does not justify the wholesale
abuse of the law and blackmailing those who refuse to cooperate into surrendering their cash to
avoid being charged with felonies.
5. Romantic Violence Says:
Oct 16th, 2009 at 8:39pm
 Is this post racial America? No it's not. Well anyone who is informed in regard to the function of
the police in any society will know that in America, the primary function of the police is to
maintain and perpetuate the existing social order which is based upon capitalistic white
supremacy. The police apparatus, regardless of its 'ethnic diversity', is nothing more than a
militarized agency of white supremacy. History alludes to the fact that American slavery was
and is a legally protected institution under Article IV of the US Constitution-the Fugitive Slave
Act of 1793. Indeed, the oldest police agency in the US; US Marshall Service, was primarily
tasked to return 'fugitive' slaves to their owners. Carefully read the 13th Amendment and you
will see what I am alluding to-the legal enforcement of white supremacy and the unlawful
disenfranchisement of African and Latino peoples. The police are not acting as 'lone wolf'
municipal and state entities; they continue to receive overwhelming support from the vast
majority of the population. So what do people expect of militarized agencies whose existence is
based upon such inequality? So what is one to do when the society's protectors are the
predators? What is one to do in order to preserve life, liberty, and the pursuit of happiness? Law
and prisons benefit those who build them..
1789
6. Romantic Violence Says:
Oct 16th, 2009 at 8:46pm
What is a sad state of affairs is white denial..particularly when someone post's is deleted or
censored..the post was relevant to the discussion..it's very disappointing for an activist group
like the ACLU..whose civil liberties are you protecting?
7. WildWeasel Says:
Oct 16th, 2009 at 8:51pm
First, this is clearly an unreasonable seizure prohibited by the Constitution. Secondly, it meets
the elements of robbery under the Texas Criminal Code: Taking the property of another, by
force or fear. This should be dealt with in criminal courts, with each individual involved in this
concerted conspiracy to rob innocent citizens facing charges and, like any other citizen, paying
for their own defense to the extent possible.
8. Bill Davis Says:
Oct 16th, 2009 at 10:05pm
I've never been especially proud to be from Alabama, but I don't think even this state would sink
to that level. Suddenly secession doesn't seem like such a bad idea.
9. Joyce Says:
Oct 16th, 2009 at 11:02pm
I've lived in Texas all my life and am not the least bit surprised by this travesty. Being Hispanic
has been rough in this state. My only saving grace has been that I'm an attorney and they find
that they cannot go too far without my sounding the alarm. Even so, I've had to deal with
profiling, bad cops and a joke of a 'civil rights' dept. that handles complaints of this type. It's
depressing.
10.Bill Says:
Oct 17th, 2009 at 12:09am
As a citizen and attorney in Texas I can say that Texas is completely out of control. The
Constitution is disregarded daily for those the authorities believe cannot afford to fight for their
rights. Remember, this is the state where the Governor has just removed the members of a panel
 that were about to reveal the execution of an innocent man and CPS seized over 400 children at
once under"imminent danger". When the Court of Appeals made them return the kids,this same
Governor pardoned the CPS officials that were involved. If I didn't live here, I wouldn't come
here either!
11.Sally G Says:
Oct 17th, 2009 at 8:04am
This is virtually incredible, and shows how power can be abused. The money should certainly
be restored to those from whom it was taken, if that can be documented.
Yes, the woman deserves a defense attorney, publicly appointed if she can't afford one on her
own dime (not the confiscated dollars), but I am curious about your last sentence:
"Either the county or the State must step up and take responsibility for Russell’s actions in
Tenaha."
I believe that what the county or state must do is prosecute her, fire her if convicted (and get her
away from the public if she is not) and follow the trail if it leads to those higher up in the
department approving her alleged actions—it is up to the public defender's office to defend her
if she can't afford her own defense attorney.
12.Bart Says:
Oct 17th, 2009 at 10:36am
Abuses occur in every State of the Union and Texas has been a lot in the news lately but I want
to go on record that there are many fine Texans. Indeed most of them are great folks but the
knot-heads are dominating the headlines right now and, as is true everywhere in this nation,
pinheads are not excluded from government any more than they are from any other sector of our
society. That is, unless the pinheads win...
13.Bill Says:
Oct 17th, 2009 at 11:46am
After reading about this I will not be visiting Texas ever. I believe that everyone should boycott
Texas until they get their policies "changed".
14.Jeff Thompson Says:
Oct 17th, 2009 at 3:05pm
I disagree with the ACLU that the Attorney General should represent Ms. Russell, because it
would look as if the State of Texas is backing her up, and that might intimidate some jurors,
though the county should represent her, if Ms. Russell can't afford representation of her own.
But isn't a Texas District Attorney paid well enough to provide her own defense?
15.Stacey in TX Says:
Oct 17th, 2009 at 4:39pm
Firstly, this is reprehensible and nothing short of highway robbery. It should be immediately
stopped. I do question the following--"Either the county or the State must step up and take
responsibility for Russell’s actions in Tenaha." Why not make Russell responsible for her
actions? Why not make the individual thugs w/badges and guns responsible? Why not allow
Russell--who is a DA--to defend herself w/her own money? Make individuals responsible for
their own actions. I'm sick of bullies w/guns/tasers using the old Nazi excuse, "I was just
following orders." Bullshit! It's time for Police to once again become PEACE Officers...regain
some semblance of respectability in our communities. Take a look at Hope Steffey being
brutalized by Law Enforcement "Officers" on Youtube and then please explain why the ACLU
 isn't up in arms about American women being tortured and sexually humiliated right here in the
good old US of A. Tenaha is just the tip of the iceberg to a growing cancer in "law
enforcement."
16.Leslie Says:
Oct 17th, 2009 at 6:49pm
Not surprised to hear that this happened in Texas.
17.Jon Quimbly Says:
Oct 18th, 2009 at 2:19pm
"Forfeited assets" - these are not. That term would apply only if there had been a drug-related
crime and arrest, no?
"Highway Robbery" - correct. Shakedown and intimidation. Illegal and unconstitutional search
and seizure of private property. Government takings without due process.
4th amendment violations to the max.
That whole town needs to be shut down, it's a crime family - not unlike the Mafia.
And, how stupid can cops be that they thought word of this would never make its way outside
of little ol' Tenaha TX?
More like this: twitter.com/InjusticeNews
18.Reuben James Says:
Nov 10th, 2009 at 5:10pm
19.Dale Says:
Nov 24th, 2009 at 1:31pm
This is why I hate the government. They do nothing but subpoena my records. The government
is out to get us all. Vote For Ron Paul!
20.Dale Says:
Nov 24th, 2009 at 1:31pm
This is why I hate the government. They do nothing but subpoena my records. The government
is out to get us all. Vote For Ron Paul!
21.Ron Scott Says:
Jan 1st, 2010 at 7:56pm
Where is the Texas State Bar - why hasn't this incompetent redneck attorney, DA Lynda K.
Russell, been disbarred?
Where is Governor Rick Perry, where are out East Texas Legislators - WHAT A BUNCH OF
INCOMPETENT COWARDS!