Do Process?
Remember a couple weeks (6 months in Orange time) ago when so many people were experts on tariffs? They said they were great things that would ONLY cost other countries…ignoring how the world actually works.
Well— the experts have gotten new degrees this week. Fresh off of their doctorates in economics they now have impressively acquired their doctorates of jurisprudence…aka law degrees.
The topic du jour— due process.
I have seen it everywhere, all of these experts talking about due process but ignoring what it actually stems from, the Constitution. That stupid thing again.
Actual due process is from the 5th and 14th amendments to that pesky document.
When it was adopted, the due process clause in the 14th amendment meant the government could deprive a person of rights only according to law applied by a court. Building on that, the court formerly known as Supreme has defined this to mean either— procedurally, individually, or substantively.
Individual= application of bill of rights goes to all.
Substantive= all the stuff not covered explicitly, but obvious rights we are all due.
But today, the version we need to discuss is procedural. AKA the procedures that HAVE TO HAPPEN before someone is deprived of the rights they have by being here. Yes, that is how it works.
Looking at recent actions this administration is not following actual due process. The court has long established that due process requires, at a minimum: (1) notice; (2) an opportunity to be heard; and (3) an impartial tribunal. Mullane v. Central Hanover Bank (1950).
Due process = meeting ALL THREE of those things. What they are doing..is not meeting any of them. Not good.
Due Process is for US Only
Weird though, when it came to the Jan 6 criminals, they wanted ALL the due process. To hear them tell it, they were the victims of a “weaponized DOJ,” “political persecution,” and “unfair trials.” Oh and DEI, somehow.
That narrative is a lie—an intentional one. The people who broke into the U.S. Capitol, assaulted officers, smashed windows, and hunted elected officials through the halls of Congress got full due process.
They were:
Arrested, formally charged—- NOTICE
Given legal counsel, and tried in open court before juries and judges—OPPORTUNITY TO BE HEARD
The vast majority were found guilty by juries or a judge—IMPARTIAL TRIBUNAL
After due process had run its course, they were found guilty because they were. Not because of bias, but because of evidence.
This is how the justice system is supposed to work. And it worked—with more patience and precision than many of those defendants ever deserved. But MAGA didn’t want fair trials—they wanted impunity. They don’t want accountability. They want privilege rebranded as patriotism.
They Not Like Us
Now compare that to how they talk about immigration. No cries for fairness. No respect for rights. No concern for the Constitution. We’re watching a growing wave of unchecked, aggressive deportations, and the same Republicans screaming “due process!” for white insurrectionists are cheering when innocent non-white people are ripped from their homes, denied hearings, and sent to countries they haven’t lived in since childhood—if ever.
Making matters much worse, even when the court says they got it wrong, and need to fix it—-they are like, nah we good.
This isn’t an isolated incident. Numerous immigrants face expedited removals without adequate hearings or legal representation, often based on questionable evidence or administrative errors. The same voices decrying the “unfair” treatment of racist Capitol rioters remain conspicuously silent on these injustices.
The Hypocrisy of Selective Advocacy
The MAGA movement’s approach to due process is not rooted in a genuine commitment to justice but in a desire to shield their own while marginalizing others. They weaponize constitutional principles when convenient and discard them when they hinder their agenda.
This selective advocacy undermines the very foundations of our legal system. True commitment to due process requires consistency, impartiality, and a dedication to justice for all, not just a privileged few.
But tell that to Dr. Know Nothing, PhD, JD.