Shot in the Dark

Undue Process

Joe Doakes, once of Como Park, emails:

Liberals keep saying “due process” as if it’s a magic phrase like “abracadabra.”  Tim Walz’ idiot daughter uses it, claiming Trump would have denied Jesus Christ due process in order to deport Him.  The implication is that if Jesus had received due process, He would not have died on the Cros

 
According to the Bible, Jesus Christ DID receive due process.  He was arrested in the Garden of Gethsemane on Thursday evening, was convicted after a trial before the local magistrate (Herod) on Friday, lost His appeal to higher authority (Pilate), and had His sentence of capital punishment promptly executed by crucifixion on Calvary.  He elected to represent Himself at trial and did not contest the charges.  “Due process” didn’t save Him. It wasn’t supposed to.  That wasn’t the point of His death.
 
And due process won’t save illegal aliens from deportation.  Any illegal alien who admits to being a member of the MS-13 gang will be deported.  Any illegal aliens who denies being a member of the MS-13 gang is still in the country illegally and therefore will be deported.  Reciting the magic phrase “due process” won’t alter the outcome for them any more than it did for Jesus.
 
Joe Doakes

 To paraphrase my late crim-def attorney, “‘Due Process’ isn’t a synonym for a jury trial, or even justice.  It means ‘the process in the statute and case law’”. 

A “red flag” process, with its ex parte hearings and lopsided standards of evidence are a travesty – but they are “due process”. 

Visa holders sign an agreement acknowledging that they can be deported without ceremony for violating the terms and conditions of their visa.  That is the “due process”.  

I’ve never been to a Holiday Inn Express, but even I know this.

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16 responses to “Undue Process”

  1. Greg Avatar
    Greg

    Due process for illegal immigrants means waiting in line behind 10 million others before seeing one of nine hundred immigration judges, a wait that takes on average seven years.

    During which one can marry, attain property, be counted by the census and establish one’s self in the community – which means never to be deported.

    This is not a bug – this is a feature designed and exploited by the Democrats to buttress their losing influence with “communities of color”.

    Illegal immigrants should receive the same due process to leave the country as they used to enter the counter – none.

  2. John "Bigman" Jones Avatar
    John “Bigman” Jones

    The Supreme Court has suggested all illegal immigrants are entitled to “due process” before being deported. As Mitch correctly points out, “due process” means “what the law requires,” not “what the defendant desires.”

    So give them bare minimum “due process” consisting of notice of the proposed action (deportation), and a hearing before an impartial decider (immigration judge).

    Greg correctly points out there are not enough immigration judges to hear all the immigration cases in a timely manner. Immigration judges are Executive Branch employees who hold administrative hearings, not Judicial Branch employees-for-life requiring Senate confirmation. So hire a few thousand more temporary immigration judges to clear up the backlog. Might be a nice gig for retired lawyers, recent law grads who can’t find jobs, lawyers who formerly worked for the government or NGO and now collect unemployment. Put ’em to work.

    “Dear Juan, your 10-minute deportation hearing is scheduled for 9:20 a.m. on the 15th before Immigration Judge Doakes. Please arrive a few minutes early to ensure you are not late. Failure to appear at the scheduled time will result in a deportation order being issued and you may be summarily removed from the country at any time. Sincerely yours.”

    Okay, it’s not elaborate “due process” but it was good enough for Jesus, it’s good enough for Juan.

  3. SmithStCrx Avatar
    SmithStCrx

    The only thing I would really add to Bigman’s point is that various law enforcement agencies should continually work to apprehend the illegal aliens they come into contact with, and they should stay in custody awaiting their Hearings. No more letting them out with a promise to appear in 7-10 years while they “live in the shadows.” Make the conditions humane but not opulent, and always give the individual the option to “opt out” of the detention by acquiescing to immediate deportation. Sure the Dems will complain that the Administration is coercing compliance, but they’d argue if Trump said the sun rises in the East. Their complaints aren’t in good faith, and should be ignored like the toddler tantrums they are.
    If space is an issue, the US Government owns half the land west of the Mississippi, and FEMA should have a bunch of useable tents that can be repurposed. Requisition a few mobile chow kitchens from the Army, and viola, insta-detention center that incentivizes speedy due process, not endless delays and parole within the country.
    SCOTUS has already ruled that Habeas claims need to be made in the jurisdiction they are being held, so there’s no judge shopping to be had.

  4. Greg Avatar
    Greg

    So hire a few thousand more temporary immigration judges to clear up the backlog.

    Not a bad idea on the face of it, but a flawed idea none the less.

    The problem is that most lawyers (assuming we HAVE to hire lawyers) are liberal wackos (sorry Joe, I did say most, not all).

    At present, estimates are it will take 29 years to clear the dockets. Hiring more liberal lawyers will add another 200 years to that estimate, but like I stated upthread, that is the plan.

  5. cosmicwxdude Avatar
    cosmicwxdude

    Every one of these WALZ’S are frigging idiots. What a despicable group of leftist-marxist-communist FREAKS! KARMA please come down hard. Thank you.

  6. ArthurRadley Avatar
    ArthurRadley

    Process my ass. If these leftist slobs want to play, let’s play.

    Suspend Habeas Corpus for anyone in the country illegally per the Habeas Corpus Suspension Act, 12 Stat. 755.

    Why not? Lincoln (hawk ptui) did it; Bush did it, I can only guess Trump would LOVE ❤️ to do it.

    They didn’t follow due process crossing the Rio Grand, there’s nothing in law that allows them to hide in car trunks; fuk ‘em. Just get them the hell out.

  7. bikebubba Avatar
    bikebubba

    I guess you could argue that “due process” is “whatever the government says you get”, but something in me sees that as positively un-American, especially when people are being taken 1000 miles or more from their families for pre-deportation detention. Whatever the law says, lawmakers and bureaucrats ought to say “heck no” to a system like that. We saw how it worked out in the Soviet Union, after all.

  8. John "Bigman" Jones Avatar
    John “Bigman” Jones

    Bike raises a good point. Instead of shipping illegal aliens criminals to existing prisons far from where the illegal aliens criminals now reside, we could be building new prisons in places where illegal alien criminals already reside.

    Not only closer for illegal alien criminals families and gang members to visit, but more jobs for Americans – construction work, prison guards, defense lawyers – which would stimulate the economy in cities devastated by the loss of illegal alien criminal productivity.

    And if we run low on illegal alien criminals to support the new prison jobs, we can always follow the Biden Administration example: fly in more.

  9. Greg Avatar
    Greg

    Abrego Garcia claimed asylum on the basis that he was threatened by a (rival) gang.

    WTF!!

    That is not the purpose or intent of refugee status. The purpose is to allow people to seek refuge if they were threatened (note the following caps and bold) BY THEIR GOVERNMENT

    In special circumstance, people can be temporarily admitted for humanitarian reasons, like civil war or natural disaster – but keep in mind, that is how Ilham Omar’s war criminal father (and Ilham) got in.

  10. Bill C Avatar
    Bill C

    we could be building new prisons in places where illegal alien criminals already reside.

    As much as I hate paying taxes, I’d gladly pay more taxes for more prisons, to remove from public the people who cannot or choose not to live by the civil compact of “don’t hurt others”. However, that also requires a justice system which has a greater interest in public safety than it does in activism, in order to fill those prisons.

  11. Bill C Avatar
    Bill C

    There’s a meme going around FB with a picture of an old wooden gallows, and the caption states “I’m long past wanting them behind bars” (usually posted in conversations about the corruption Trump 2.0/D0GE is uncovering, but also in conversations about crime in general)

    I’m not there. Yet. But I can certainly understand the thought process which leads one to that level.

  12. bikebubba Avatar
    bikebubba

    I like what Bill says–if we need more prisons to protect our people, let’s build them. This is especially the case for illegals who have committed serious violent crimes–I don’t want them instantly deported, because they’d then be free, or at least freer, to get out of the third world prison and come right back to victimize us.

    But really, my overall take is not that I know we need new prisons–we might, but I don’t know–but rather that when we think we might need to expel someone, we need to follow the basic rules. Schedule a hearing, provide the evidence for expulsion, and have that hearing within 100 miles of the illegal’s home in the U.S. If we do things right, the end result will be the same; fewer illegal immigrant violent criminals free to rob, rape, and kill Americans.

  13. John "Bigman" Jones Avatar
    John “Bigman” Jones

    That’s an interesting proposal bike, but I wonder what you recommend we do in the meantime?

    Biden let in 10,000,000 illegals. We can process them the court system giving them a free lawyer and subpoena power to bring in witnesses plus discovery against the government and endless appeal rights. So we can handle what, say 10 a day? Work days. Not counting holidays or weekends. It will take one court a million days to clear the back log. 250 working days a year. 4,000 years.

    10 courts, 2,000 years. 100 courts, 200 years.

    Where will we house the illegals for the next 200 years?

    How will we ensure no more come in?

  14. John "Bigman" Jones Avatar
    John “Bigman” Jones

    This is another example of the Democrats’ cleverness in exploiting a structural weakness in the Constitutional form of government.

    The Judicial Branch is designed to handle problems one at a time. It’s not equipped to handle 10 million illegal votes or 10 million illegal immigrants dumped all at once. Democrats know that, so they flood the zone with suitcases full of fraudulent ballots and airplanes full of illegal aliens. Judges mired in ancient procedures pretend the entire world can wait as they do business as usual for the next two hundred years, and that the cheaters will honor court orders issued long from now. The world can’t wait, and the cheaters won’t play fair.

    Enter President Trump. His audit team D0GE revealed billions in fraudulent and wasteful spending so he ordered it ended. A gang of illegal aliens committed high profile crimes so he ordered them deported. Colleges engage in blatant racial discrimination so he ended federal funding. Naturally, the fraudsters, illegal aliens and discriminators ran to hand-picked judges to whine and naturally, those hand-picked judges pretend they have the power to run the whole government, maybe even foreign governments holding prisoners, while they poke and plod their way through the piles of plaintiffs.

    We are facing a Constitutional crisis, have been since Marbury v. Madison, and we can’t keep ignoring it. The Judicial Branch needs to be taken down a peg. It needs to be restored to its original function of deciding cases and controversies, not making national policy by temporary restraining order. If that means ignoring the court, or even arresting a few judges, so be it.

  15. bobby b Avatar
    bobby b

    It’s been a long time since law school – I sat behind James Madison in Torts – but IIRC, “due process” is basically getting notice of a proceeding, and having an opportunity to be heard.

    It’s not “the laws should all be nice.” It’s not “I want another shot at this.”

    Most of the people claiming due process violations have deportation notices against them already.

    Those notices were issued after giving the aliens notice of their hearing, and a chance to speak up about why they should be allowed to stay. That’s “due process.”

    Now, they seem to be insisting that they can evade capture and deportation, and THEN get another bite of the apple – another hearing.

    Nope. That hearing is over. They lost.

    Imagine if I got a speeding ticket. I insisted on a trial. I lost that trial.

    So I left court and refused to pay my fine. The cops finally get me on a warrant.

    And then I claim the right to “due process” – I want a new trial!

    Nope.

  16. bikebubba Avatar
    bikebubba

    My proposal is fairly simple, actually. If you start with serious felons, after a certain point, the rest of illegals get the hint and self-deport. It is correct that the courts are not designed to handle ten million all at once, yes, but the laws are written to handle one case at a time. You start with the murderous gang members, and as things back up, you ask Congress for more funding. You win some, you lose some, but you do things in such a way that it will last.

    One thing that I’d really like to see is the awareness that some of these guys–those who still have time to serve–really ought to stay in U.S. custody because our jails are (I hope) more secure than those in Latin America. So if we deport them, they just might be strongly likely to get out and cause more mayhem….here. Then we can deport them when their terms are finished.

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