Due Process Part II

 

            As a young private in the Army, I felt that my rights were often trampled on, and they were. As a soldier, you give up many rights. I found that I could not say anything that came to my mind. I could not wear my hair as long as I liked, nor could I grow a beard. My moustache had to conform to what someone else thought was appropriate. My sergeants told me what to wear and what to do. Someone off in the deep dark bowls of PERSCOM (Personnel Support Command) told me where to live. I endured all of these constraints in order to say I was a soldier. But one of the few rights I still enjoyed was due process.

Once when I was in trouble, I was hauled in front of my company commander. The first thing that he did was to read me my rights. Knowing that I had behaved badly, we’ll not go into the details here, I threw myself on his mercy. He, in turn, handed me over to the 1SG for extra duty. I learned my lesson and did not make the same mistake again. But, had I desired, he would have provided me with a lawyer to give me counsel. Later in my  soldierly career as a commander, I periodically read my troops their rights and afforded them due process. Sometimes, I knew the end from the beginning. I knew my troops; however, I always allowed the process to play out. It was important to do so. After all, just having the power did not excuse abusing it.

One of President Trump’s campaign promises was to round up and deport undocumented immigrants. He now pursues the fulfillment of that promise with great vigor. In his haste, he willingly tramples on due process and civil rights.

“We cannot give everyone a trial, because to do so would take, without exaggeration, 200 years.” President Trump on Truth Social

One of the challenges of living in a civilized law-abiding society is that it is often inconvenient and takes time and effort. After all, it is much simpler to form a posse and then string-‘em-up. Why bother with the process of a trial? Sadly, group think rarely provides good answers to difficult questions. Though imperfect, the judicial process provides the best protection for individuals and society. In any culture, the weak need protection from the strong. As President Truman said,

“The guilty as well as the innocent are entitled to due process of law. They are entitled to a fair trial. They are entitled to counsel. They are entitled to fair treatment from the police. The law enforcement officer has the same duty as the citizen-indeed, he has a higher duty-to abide by the letter and spirit of our Constitution and laws. You yourselves must be careful to obey the letter of the law. You yourselves must be intellectually honest in the enforcement of the law.” Harry S. Truman

When we discard due process, the weak innocent fall victim to haste and animus. This is the case with a two-year-old girl known in court papers only as V.M.L. Her mother, a citizen of Honduras was deported. Her father, a U.S. citizen sought to keep his daughter, another U.S. citizen, here. Again, in its haste, the Trump Administration has deported someone who had every right to remain in our nation, this time a citizen. As a nation we have the responsibility to protect the weakest among us.

“Never violate a woman, nor harm a child. Do not lie, cheat or steal. These things are for lesser men. Protect the weak against the evil [and] strong. And never allow thoughts of gain to lead you into the pursuit of evil.” David Gemmell

            A two-year-old girl poses no threat to our nation. We do not know about her mother as she was denied due process, that messy and inconvenient thing. But that process is what protects all of us, the strong as well as the weak. We must speak up for the weakest in our society. Our strength as a nation does not flow from our weapons, manufacturing prowess, or large bank accounts. It flows from our willingness to shoulder the burden of doing the right thing, even when it is inconvenient. We claim to be a law-abiding nation whose legal system is founded upon Judeo-Christian morality. We need to remember this passage from Proverbs, a great book of wisdom:

“Speak up for those who cannot speak for themselves, for the rights of all who are destitute. Speak up and judge fairly; defend the rights of the poor and needy.” – Proverbs 31:8-9