by Tom Renz, Esq., America Outloud:
Another day and another Donald Trump garbage indictment. This is also what is happening with Dr. Sherri Tenpenny. We are witnessing the weaponization of the justice system in the political process. We are seeing the Biden administration, as well as here in Ohio. We are seeing a Republican administration supporting this weaponization of justice. This is an absolute affront to what we, the people, stand for.
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Let me talk about what’s at the core of this. The fifth amendment to the United States Constitution, The Bill of Rights, states:
“No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or 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 a 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.”
Now I want to share an excerpt from the fourteenth amendment:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
These amendments are critical. I want to focus on this concept of the denial of life, liberty, and property without the due process of law. Due process is broken down into two categories. One is the process required under the law to ensure you are given a fair shake. The other is the substantive due process. You may or may not have noticed that there wasn’t much in the Fifth or Fourteenth Amendments on substantive due process. Substantive due process is the concept that life, liberty, and unalienable rights that exist under the Constitution may not be enumerated, but they are there. This is where they come up with things like abortion, rights of privacy, and things that aren’t necessarily enumerated elsewhere are typically found tied into the fourteenth amendment substantive due process analysis.
I’m not interested in the substantive due process. I’m interested in the actual procedural due process. It’s not necessarily that exciting to study, but it’s critical to the law. Procedural due process is what provides fairness. Examples are you are getting arrested, and they don’t read you your Miranda Rights, so it gets thrown out. You didn’t get notice of the hearing, so the hearing can’t take place. The procedural due process ensures that the processes and procedures are there to ensure that a trial and any sort of adjudication of justice are fair. It’s a huge aspect of the law, and it runs deep. Frankly, I couldn’t come close to one show of doing justice to everything that goes into procedural due process. Suffice it to say you have certain things like deprivation of life, liberty, and property without due process. None of those things can occur without it.
When we look at Trump, I would argue that a number of breakdowns are occurring in the due process that he is owed. These guys aren’t blindly investigating because they think he did something wrong. They are charging him with things that they shouldn’t. I think in many cases, there is a very strong argument for prosecutorial misconduct, ethics violations, and probably violations of the law.
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