As challenged in a New York Times editorial, the confirmation of Loretta Lynch for attorney general, which apparently isn’t otherwise problematic to senators of either party, is being held captive to more political concerns.
What does the abortion issue have to do with the prevention of human trafficking? Nothing.
What do either of those things have to do with Loretta Lynch, whom President Obama nominated more than four months ago to succeed Eric Holder Jr. as attorney general of the United States? Even less.
Yet Ms. Lynch’s confirmation as the nation’s top law enforcement officer — which seemed like a sure thing only a few weeks ago — is being held hostage to last-minute political mischief.
Connections in Washington, of course, need not be connections as others may see them, such as having a rational relationship. But by Senate standards, the connections appear pretty clear.
Senate Republicans said as recently as last week that they would schedule Ms. Lynch’s confirmation vote for this week, but, on Sunday, the majority leader, Mitch McConnell of Kentucky, said that won’t happen until the Senate moves forward on a bipartisan [sex] trafficking bill, which would, among other things, establish a fund for victims through a fine paid by those convicted of trafficking crimes.
And so the Democrats refused to hop aboard this new sex trafficking law? Get real.
The legislation, which sailed through committee in February, stalled last week when Democrats noticed a provision that would prohibit money in the fund from being used to pay for abortions.
Boom. Abortions. The Dems are all for the law otherwise. The phrase “sex trafficking” was a stroke of criminal law marketing genius. It evokes images of the horrors of slavery, and indeed covers those horrors. The mere mention of sex trafficking is enough to make the most strident supporters of the Constitution weep, so much so that they’re blinded to anything else.
The problem is that it goes much further. Take a phrase that seems so horrible and it smooths the way to slide in any conduct within it. At Reason, Elizabeth Nolan Brown explains the trafficking law:
It would expand Immigrations and Customs Enforcement agents’ mandate to fight all manner of cyber-crime. It would fund a ton of law enforcement initiatives, from efforts at the FBI to small-town police departments (even paying the salaries of prosecutors and police officers who work on trafficking cases), using money from a newly created Domestic Trafficking Victims’ Fund. It would make soliciting prostitution from a trafficked individual or anyone under age 18 the legal equivalent of sex trafficking, and make it harder for those charged to use not knowing the individual was trafficked and/or a minor as a defense.
And it would authorize a $5,000 charge to anyone found guilty of trafficking or other illicit sexual conduct (in addition to any court-ordered penalties), to go back into the fund that pays the salaries of police and prosecutors.
The law already prohibits what is understood to be “sex trafficking,” the “slavery” aspect of forcing people into engaging in the sex trade against their will. It similarly prohibits sex with minors. And of course, soliciting prostitution has long been a crime.
“Clarify the range of conduct punished as sex trafficking” and make “absolutely clear for judges, juries, prosecutors, and law enforcement officials that criminals who purchase sexual acts from human trafficking victims may be arrested, prosecuted, and convicted as sex trafficking offenders.” This would be accomplished by amending the federal criminal code to make “patronizing” or “soliciting” a victim of trafficking a crime equivalent to “recruiting, enticing, harboring, transporting, obtaining, or maintaining” a trafficking victim. The person soliciting the victim would not have to know they are trying to purchase sex from someone underage or someone trafficked, merely act “in reckless disregard of the fact” that this was possible. “The Government need not prove that the defendant knew that the person had not attained the age of 18 years,” the criminal code specifically states.
But this law makes it very different, converting the “johns” into sex traffickers based upon whether the person with whom they solicit sex is enslaved or underage. It then adds a $5,000 penalty, on top of any fine or sentence of incarceration imposed by a court, to fund itself.
Fund private, municipal, and state efforts to establish “dedicated anti-trafficking law enforcement units and task forces” and “ensure that Federal law enforcement officers are engaged in activities, programs, or operations involving the detection, investigation, and prosecution” of sex trafficking.
Establish the “Human Exploitation Rescue Operative (HERO) Child Rescue Corps.” In the HERO Corps, “the returning military heroes of the United States are trained and hired to investigate crimes of child exploitation in order to target predators and rescue children from sexual abuse and slavery.”
Create a Computer Forensics Unit and a Child Exploitation Investigations Unit within the Cyber Crimes Center (a division of U.S. Immigrations and Customs Enforcement) to investigate trafficking, IP theft, money laundering, arms proliferation, and “illicit activity” on the deep web.
As Senate Majority Leader, Mitch McConnell, says, it’s a comprehensive bill. No kidding. And whoever came up with the HERO acronym should get a bonus, because that’s the sort of stuff people adore.
So where’s the sticking point?
Senate Democrats have been raising a fuss about language in the bill which would prohibit money in the Domestic Victims’ Traffic Fund from being used to help human trafficking victims obtain abortions.
It’s not that the Republicans don’t care deeply for these victims, but lines must be drawn, you know. And that, by Washington logic, is why Loretta Lynch can’t have nice things.
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So, in principle and in practice, what is needed to establish someone acted ““in reckless disregard of the fact” that this was possible”? The word of the prosecutor?
Does the extra funding not create a perverse incentive for them to charge someone with trafficking even when they did not?
Of course, manual labor trafficking gets no funding and no incentive to prosecute. I wonder if any important industries benefit from trafficked labor to explain ignoring that problem? [/sarcasm]
Yup, and yup.
I think you missed a “yup”.
It’s the three yups rule.
The third one clearly did not need a yup. I take the answer to that one as self-evident.
Did you ask a rhetorical question?
Manual labor’s covered. The discussion of hand jobs is right there in section 42, part 7, paragraph a, subparagraph 19.
To you, sir, I tip my cap.
This is so cool. This is so cool! It’s like the Libertarian Anti-Christmas.
If this bill is aimed at helping victims of sex trafficking, I’m failing to see how relating it to the Hyde Amendment (that allows for federal funds to be used in cases of rape) would impact it. Can we not presume that these victims of sex trafficking that need an abortion were raped or is that too big of a leap?
One would think that’s exactly the case.
Can one be both a Prostitute and Human Trafficker if one is selling themselves via a website and organized marketing materials that include sublimination and domination. Given that fetish can go either way it should be given extra penalties with a lashing. Do they still publicly flog?
I am assuming that the varying legilslators who agree to that naming names such as David “diaper boy” Vitter will have exclusions and loopholes in the law so he and his cohort can plea down in the same manner that they have in DUI court. This way the whole lifetime as a sex offender and that registry business won’t interfere with campaigning, etc.
If they really want to help victims of “sex trafficing” they could try stopping prosecuting them and putting them in jail.
On of the local agencies got a huge anti-trafficing grant. Thier anti-trafficing activity is asking the person if they have a pimp and maybe “are you sure?”
The DA, who has also recieved oodles of money and uses his fight agianst sex slavery, then refuses to deal on thier cases. If my client has the hallmark of being trafficed (arrests in many different cities), he wants jail. If you bring that up, they ask sarcastically why they didn’t tell the cops.
I think it is ridiculous that the GOP is linking the confirmation of the US Attorney General confirmation to this bill They are mutually exclusive and this is the reason why 90-95% of the America public are sick of Congress.
The Democrats should have read the abortion part of the bill in committee. Shame on them for bringing it up now after the committee hearings. This is a red herring. Another instance of “We will read the bill after we sign the bill” stunt. A pox on both parties behavior. Stop acting like petulant children.
Cite?
They’re not mutually exclusive, but unrelated, except for the fact that any available leverage will do for political purposes. As for the Dems reading the bill in committee, it’s unclear when the anti-abortion language was added, but it appears it came in after committee by amendment. Still no excuse for not knowing about it, but it may not have been there when it was read. Plenty of room for shenanigans here all around.
While I agree that holding Lynch’s nomination hostage to a horrible bill makes no logical sense, I cannot find it in my heart to care that her new career as AG is being delayed especially given her views on civil asset forfeiture.
You’ll care when Dems collapse to get her nomination through by agreeing to this bill. As much as their reason for objecting to this bill is woefully inadequate and misguided, at least it serves the salutary purpose of preventing its enactment.
I concede your point.
It’s unlikely that either party would produce an AG nominee that won’t have the same failings or worse. It’s the nature of the beast.
I should have went to law school and become a specialist in trafficking congressional procedural rules.
There are certainly some niche market porn titles to be had in that racquet as well.
The Amendments Are In,
Procedural Panty Stuffers, and A Nominee in Bondage are just a few that come to mind.
Geez, keep embarrassing me in public, why don’t you? Humiliation isn’t my kink, thank you very much.
It’s there. Don’t blame me for it.