Dual Process- How Democrats Turn Justice on its Head and Deny Due Process
Due Process, the right of the accused to face one’s accuser, is tantamount to a free and fair judicial system, and essential to government of, by and for the people. It is the very basis of English Common Law, and by extension, the right of anyone accused of crime here in the United States.
It is as old as Clause 39 the Magna Carta of 1215, which stipulated that
“No free man shall be seized or imprisoned, or stripped of his possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by lawful judgement of his equals or by the laws of the state.”
One hundred thirty-nine years later, during the reign of King Edward III the phrase “due process of law” first appeared, when restating Magna Carta’s concept that
“No man of what state or position he (may) be, shall be put out of his lands or tenements nor taken (imprisoned), nor disinherited, nor put to death, without he be brought to answer by due process of law.
The Fifth Amendment of the United States Constitution’s Bill of Rights codified this concept, saying
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment of indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger, nor shall any person be subject for the same offense, to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be witness against himself, nor be deprived of life liberty or property, without due process of law, nor shall private property be taken for public use, without just compensation.”
One would think that such a concept, more than 800 years old, would be beyond scrutiny or debate in a United States built on the foundations of due process, where we are governed by the rule of law and not by the political whims of fancy.
Not anymore.
Due process has become “dual process,” where the rights of the accused just happen to coincide with, and are solely dependent upon political affiliation.
If, for instance, a Republican president appoints a conservative judge to be an Associate Justice of the Supreme Court, it is considered to be fair game that any woman can come forth with a specious and unverified claim of sexual misconduct against the nominee, and that such a claim in and of itself are grounds to effectively derail the nomination without due process. Such is the case with Judge Brett Kavanaugh.
If, on the other hand, a Democrat Congressman representing Minnesota, who is also vice chair of the Democrat National Committee, savagely beats a woman who used to be his girlfriend, he should be allowed to retain his seat in Congress and pursue his campaign to be the Attorney General for the State of Minnesota. Such is the case with Congressman Keith Ellison.
Therefore, as dictated by Democrats in the Senate and in the House of Representatives, the guilt or innocence of any individual, thus accused of any crime or offense, shall be solely determined on the basis of their political affiliation, and the right of the accused to defend himself against any allegation shall be infringed if such a person is affiliated with or appointed by a Republican President. Republican members of the Senate and House of Representatives who, in any way, come to the defense of such an accused person, shall be scorned and censored by members of the opposition party, and their credentials as a duly-elected Senator or Representative, shall be called into question and are complicit in any sexual misconduct allegation, irrespective of whether or not such allegation is based in fact.
The Constitution of the United States and its Bill of Rights be damned.
-Drew Nickell, 24 September 2018
© 2018 by Drew Nickell, all rights reserved.
author of “Bending Your Ear- a Collection of Essays on the Issues of Our Times”
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