A Quote by Eric Holder
The Constitution guarantees due process, not judicial process.
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Some have argued that the President is required to get permission from a federal court before taking action against a United States citizen who is a senior operational leader of al Qaeda or associated forces. This is simply not accurate. 'Due process' and 'judicial process' are not one and the same, particularly when it comes to national security. The Constitution guarantees due process, not judicial process.
Everyone knows that due process means judicial process, and when John Brennan brings him a list of people to be killed this particular week, that's not due process. That's certainly not judicial process. So there's the fifth amendment. Not even George Bush claimed the right to kill American citizens without due process.
Now, how do you explain Obama's claim, that he can kill American citizens without due process? Well, he has his attorney general get up and say, "Well, it doesn't say in the constitution judicial process. It just says due process." Now that's a lawyerly diversion from the truth.
Scorecards are common in the political process, but they are inappropriate in the judicial process. The most important tools in the judicial confirmation process are not litmus paper and a calculator.
Due process and judicial process are not one and the same, particularly when it comes to national security.
The Constitution has a good share of deliberately open-ended guarantees, like rights to due process of law, equal protection of the law, and freedom from unreasonable searches.
In battle, combatants engaged in war against America get no due process and may lawfully be killed. But citizens not in a battlefield - however despicable - are guaranteed a trial by our Constitution. No one argues that Americans who commit treason shouldn't be punished. The maximum penalty for treason is death. But the Constitution specifies the process necessary to convict.
It is fundamental that the great powers of Congress to conduct war and to regulate the Nation's foreign relations are subject to the constitutional requirements of due process. The imperative necessity for safeguarding these rights to procedural due process under the gravest of emergencies has existed throughout our constitutional history, for it is then, under the pressing exigencies of crisis, that there is the greatest temptation to dispense with fundamental constitutional guarantees which, it is feared, will inhibit governmental action.
American citizens have been killed abroad by drones with no due process, no accountability, no judicial review.
Due process gives teachers the latitude to use their professional judgment in their classrooms, to advocate for their students, and to not fear retribution for speaking the truth or teaching controversial subjects like evolution. As political winds shift in school districts, due process also wards off patronage or nepotism.
A judge sometimes must release a criminal. He doesn't like it, she doesn't like it, but the law requires it. And the context of an election in which you are "soft on crime" betrays a misunderstanding of the judicial process and a misunderstanding of the Constitution.
Erasing the ALJ process, even if it takes legislation, will not deny anyone due individual process, generate added litigation risks or substantially increase workloads for commissioners or staff.
I don't know everybody's view on due process, but I do have an opinion on what the Constitution says, what the Pledge of Allegiance implies, what sixth- and seventh-graders are taught in civics classes, and I think it is that you're going to have the opportunity to be heard.
I really focus on process as much as anything else: process for how we evaluate players, process for how we make decisions, process even for how we hire people internally, process for how we go about integrating our scouting reports with guys watching tape in the office.
As we approached our work, my colleagues and I looked to the U.S. Constitution for guidance. It states, 'No person shall ... be deprived of life, liberty, or property without due process of law.' No person, no exceptions.
The confidentiality of the judicial process would not matter greatly to an understanding and evaluation of the legal system if the consequences of judicial behavior could be readily determined. If you can determine the ripeness of a cantaloupe by squeezing or smelling it, you don't have to worry about the produce clerk's mental processes.
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