“To argue that Riley’s murder, tragic though it was, justifies skirting due process fundamentally misunderstands the purpose of the doctrine. It is not to excuse criminal behavior, but to ensure that accusations—especially when they carry life-altering consequences—are publicly tested by evidence and judged fairly.
Homan’s logic would see due process abolished. It need not apply, he says, in the face of serious allegations or unsympathetic individuals, which is contrary to why the Founders demanded its inclusion in the Constitution. They knew the power of the state was dangerous. The government doesn’t always get it right. “Because we said so” isn’t sufficient reason to abrogate anyone’s liberty.
That the prisoners sent to CECOT were not citizens is irrelevant. The Supreme Court has repeatedly confirmed that even those suspected of being in the U.S. unlawfully are entitled to due process of law. And the people in question were not merely deported—they were sent without charge or conviction to a notorious megaprison, where Kristi Noem, the secretary of the Department of Homeland Security, has said she hopes the men are kept for life.”
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“A country that claims to value liberty cannot shed the process meant to protect it. If due process is no longer sacred, neither is justice; and if some of us do not have due process, then none of us do. Trump has defined himself as someone who fights for American values: “Make America Great Again.” You cannot do that by discarding one of the core values that made the U.S. exceptional.”