by Wolf Howling, American Thinker:
Due process of law, or at least its absence, is the heart of the unconstitutional lawfare aimed at Donald Trump this week in a New York courtroom, ostensibly for hush money payments to Stormy Daniels. This is a crossing of the Rubicon moment for our Republic.
“Due process” is ancient shorthand for the sum of all the procedures the government must comply with and honor before it may take a person’s life, liberty, or property. The right to due process is over 1,000 years old in English jurisprudence. It is a right of every citizen and a duty of every government.
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A year ago, I wrote about DA Bragg charging Trump with a crime, but not identifying the crime. Within the past few days, Andrew McCarthy called the prosecution a “farce” and listed its many failings. Prof. Jonathan Turley wrote that Trump is not being prosecuted for any actual crime. Prof. Jed Shugerman called the prosecution unfounded, both a “legal embarrassment” and a “historic mistake.” Matthew Whitaker said that Judge Merchan, who presides over the Manhattan kangaroo court, is hopelessly conflicted to a degree that would make Joe Biden blush.
The fundamental issues with this trial all revolve around a denial of due process. This is criminally unconstitutional, and, because it is meant to distort a free and fair presidential election President, creating an existential crisis for America.
Image: Donald Trump by AI.
A Brief History of Procedural Due Process
Since 1215, an ocean of blood has been spilled by men on English and American shores to vindicate individual rights. Civil wars (including the 1st and 2nd Baron’s War, the Peasants’ Revolt, the English Civil War, the Glorious Revolution, and the American Revolution) have been fought, kings deposed, a king executed, and nations sundered to vindicate those rights. And in virtually all those conflicts, a government’s systemically denying its citizens’ due process rights was at the conflict’s heart.
The British freemen’s right to due process of law appeared first in the Magna Carta of 1215, when the tyrant King John was imprisoning men and extorting their lands and possessions. That same right to due process of law appeared in writing again as a right of all English citizens in the Petition of Right of 1628 when Charles I was imprisoning and even executing men, not for any crime, but to take their lands and estates. Due Process of law was reaffirmed as an Englishman’s right in the English Bill of Rights of 1689 after the English deposed James I for dispensing with those rights and ruling as a tyrant.
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