Due process is not optional
To say the administration must observe “due process” is to beg the question: what process is due is a function of our resources, the public interest, the status of the accused, the proposed punishment, and so many other factors. To put it in concrete terms, imposing the death penalty on an American citizen requires more legal process than deporting an illegal alien to their country of origin.
I try to only bust out the curses when they’re warranted on this blog, but fuck everything about this. This clown who pretends to be an intellectual argues that due process, which the US Constitution guarantees to all “persons” in the 5th Amendment is more of a suggestion than a mandate.
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Vance argues that someone facing the death penalty obviously deserves more due process than someone facing deportation. But that misses the point: the purpose of due process is to determine whether the government’s charge is legitimate in the first place, not just to scale the process to the severity of the punishment.