Who gets due process?

You get a day in court. And you! And you!

At least, that’s how it’s supposed to work. According to the Fifth Amendment, everyone gets due process. Immigration status doesn’t matter. Everyone gets a day in court.

And if you need more, see Mathews v. Diaz (1976), which says that:

a provision of the Social Security Act denying eligibility for Medicare part B unless the applicant has been in the United States for a minimum of five years and has been admitted for permanent residency does not deny the applicant of liberty or property without due process of law.

Or Hamdan v. Rumsfield (2006), which says:

Due process demands that a citizen held in the U.S. as an enemy combatant be given a meaningful opportunity to contest the factual basis for that detention before a neutral decision-maker.

There’s a whole list of such cases, all of which run counter to the Trump administration’s stance of “if we don’t like a person’s looks, then they are probably guilty.” That’s fascism and though the Roberts court has chipped away at immigrants’ rights, their slashes haven’t gone so deep as to deny due process. You can read more here.

So when we have PeeWee German suggesting that the federal government is considering suspending habeas corpus, depending “on whether the courts do the right thing or not,” he is speaking Fascism 101 and he’s completely counter to what our Constitution and our courts have said and continue to say.

My God. Is there no one in the White House who has a shred of decency and at least a fourth-grader’s understanding of the law? Or are they all little bullies who pull wings off flies?

Take a flying run at it and fuck all the way off, Steve.