Sarah Huckabee Sanders has been given the tall task of defending the Trump administration, which she has chosen to take on. She has now, once again, been completely flat out wrong on due process.
During a White House Press Briefing, Sanders stated: “Just because you don’t see a judge doesn’t mean you aren’t receiving due process.”
Sarah Sanders: "Just because you don't see a judge doesn't mean you aren't receiving due process." (via ABC) pic.twitter.com/d1ittSJKNM
— Kyle Griffin (@kylegriffin1) June 25, 2018
This was quite bizarre, because, by definition, not seeing a judge is depriving someone of due process. The definition of due process is: “a fundamental principle of fairness in all legal matters, both civil and criminal, especially in the courts. All legal procedures set by statute and court practice, including notice of rights, must be followed for each individual so that no prejudicial or unequal treatment will result.”
Without the ability for anyone in this country to be able to defend themself in a hearing in front of a judge, there is fundamentally a lack of due process in our country. Due process is one of the most important and vital things to a just governmental system, because without this, the government can abuse their power without any checks or balances.
The fifth amendment to the U.S. constitution states: “No person shall…be deprived of life, liberty, or property, without due process of law,”. It is astonishing to see the party who is supposedly “constitutionalists”, now in opposition to the Bill of Rights. The argument has now shifted from the idea that undocumented immigrants or illegal immigrants don’t have due process rights granted by the constitution, to a definition change of due process.
In the Supreme Court case of Zadvydas vs Davis in 2001, the ruling stated: “once an alien enters the country, the legal circumstance changes, for the due process clause applies to all persons within the United States.” As long as they are on American soil, they are given due process rights by the constitution. Following due process is one of the most important things about our governmental system to deliver justice.
This attack on due process and our constitution by the Trump administration is unacceptable, and should be criticized from people on both sides of the aisle.