I am unsure how Khalil was in danger of not having due process. He was arrested (and, yes, ICE can do so without criminal charges) on a Saturday, had his hearing date set on that Monday for that Wednesday. Whether or not his hearings wouldn't have happened unless the media stepped in is speculation.
I am unsure how Khalil was in danger of not having due process. He was arrested (and, yes, ICE can do so without criminal charges) on a Saturday, had his hearing date set on that Monday for that Wednesday. Whether or not his hearings wouldn't have happened unless the media stepped in is speculation.
They were going to deport him without due process. The Department of Homeland Security stated that KhalilтАЩs arrest was conducted тАЬin support of President TrumpтАЩs executive orders prohibiting anti-Semitism,тАЭ alleging his activities were aligned with Hamas, a designated terrorist organization . However, KhalilтАЩs legal team contends that his detention violates his First Amendment and Due Process rights, asserting that he is being targeted for his political activism . A federal judge temporarily blocked his deportation
This just illustrates that the courts are working, so Khalil is getting his day in court. His rights ultimately were not violated and he, according to the legal experts, is in a bit of a gray area. His lawyers arguements and allegations are exactly that, arguments and allegations. None of us have all of the information.
Please excuse my shifting to another point. Due process has been fraying for years, because our immigration system is broken and overburdened, letting in lowlifes like Khalil who have means and an agenda, deporting those who don't but desperately want to be here. And who made even talking about immigration 'racist', the left. So, it's just really hard for me to not roll my eyes when they pick a Jihadi of all people, as their figurehead, especially after yearw of suppressing speech they don't like.
I will preface my remarks by saying that Khalil is abhorrent, and the country would be better off without him here. However...
"His rights ultimately were not violated..."
Having armed government agents arrest you and take you to prison or the equivalent for any length of time is a massive violation of rights. For example, if the local police or the FBI were to come and arrest you or me, put us in jail for a while, and then say "oopsies" and let us go, it's hard to believe that constitutes "no violation" of rights. There were strong arguments that "stop and frisk" was a violation of rights, and that's a far cry from jail (and part of the basis for allowing it was that the intrusion was limited and short).
If the government arrested someone with lack of good faith, for example, because the Mayor wanted to punish someone for a previous slight, I'm sure that one would win a lawsuit over the incident.
As Joe pointed out, I thought that the podcast discussion had a gigantic lacuna in its failure to discuss the Due Process issues at all. The government claims are credible. Credible government claims are not dispositive in any area of law. Everyone has a right to show that the government was wrong in some impartial adjudicatory proceeding. It is certainly arguable that aliens have lesser due process rights, but it would be morally wrong for aliens (or any other class) to have *no* due process rights whatsoever. Even the Old Testament says that aliens have substantial rights! (e.g., Lev 19:34, Lev 24:22, and many others)
This guy is horrible, and deporting him would be best for the country. However, they also just arrested that Turkish student who was guilty only of speech, and she should be the poster child for *everyone* to recall Niem├╢ller's poem "First they came".
Listen, I agree. The guy is a scumbag and they should ship his ass out of the country. But we cannot ignore this administrations repeated steps to skirt the Constitution! First it will be Khalil, next it will be someone else. That is the slippery slope. And it is exactly what the Nazis did when they first took power.
I am also wary of the administration's attempts to undermine the constitution, but my point is is that Trump is not unique in this, that the left and the right are silent when it's their guy, outraged when it's not.
FDR signed over 3700 executive orders, one of which included the internment of 120,000 Japanese Americans. Was he a nazi? As Americans, we need to start making honest, and at times painful, assessment that even the Presidents I may admire, and not just the ones I personally do not like (which includes Trump), have contributed to the crossroads we may be at today.
Hannah. I think its a brilliant observation to compare the FDR internments with Trumps policies today.
In fact, with your permission, I would like to dive deeper into it and write a paper about it.
I surmise that factors such as cultural and technology differences between the eras, media biases, and war time vs peace time issues will all be relevant. Also, I bet there is case law on the topic that strengthened Due Process rights as a direct result of theJapanese camps. ItтАЩs a profoundly interesting topic. This is what I truly love about this platform. I get so much out of listening to differing opinions and points of views. Thank you!
I am unsure how Khalil was in danger of not having due process. He was arrested (and, yes, ICE can do so without criminal charges) on a Saturday, had his hearing date set on that Monday for that Wednesday. Whether or not his hearings wouldn't have happened unless the media stepped in is speculation.
https://joe713.substack.com/p/due-process-rights-of-non-citizens?r=ruin2
They were going to deport him without due process. The Department of Homeland Security stated that KhalilтАЩs arrest was conducted тАЬin support of President TrumpтАЩs executive orders prohibiting anti-Semitism,тАЭ alleging his activities were aligned with Hamas, a designated terrorist organization . However, KhalilтАЩs legal team contends that his detention violates his First Amendment and Due Process rights, asserting that he is being targeted for his political activism . A federal judge temporarily blocked his deportation
This just illustrates that the courts are working, so Khalil is getting his day in court. His rights ultimately were not violated and he, according to the legal experts, is in a bit of a gray area. His lawyers arguements and allegations are exactly that, arguments and allegations. None of us have all of the information.
Please excuse my shifting to another point. Due process has been fraying for years, because our immigration system is broken and overburdened, letting in lowlifes like Khalil who have means and an agenda, deporting those who don't but desperately want to be here. And who made even talking about immigration 'racist', the left. So, it's just really hard for me to not roll my eyes when they pick a Jihadi of all people, as their figurehead, especially after yearw of suppressing speech they don't like.
I will preface my remarks by saying that Khalil is abhorrent, and the country would be better off without him here. However...
"His rights ultimately were not violated..."
Having armed government agents arrest you and take you to prison or the equivalent for any length of time is a massive violation of rights. For example, if the local police or the FBI were to come and arrest you or me, put us in jail for a while, and then say "oopsies" and let us go, it's hard to believe that constitutes "no violation" of rights. There were strong arguments that "stop and frisk" was a violation of rights, and that's a far cry from jail (and part of the basis for allowing it was that the intrusion was limited and short).
If the government arrested someone with lack of good faith, for example, because the Mayor wanted to punish someone for a previous slight, I'm sure that one would win a lawsuit over the incident.
As Joe pointed out, I thought that the podcast discussion had a gigantic lacuna in its failure to discuss the Due Process issues at all. The government claims are credible. Credible government claims are not dispositive in any area of law. Everyone has a right to show that the government was wrong in some impartial adjudicatory proceeding. It is certainly arguable that aliens have lesser due process rights, but it would be morally wrong for aliens (or any other class) to have *no* due process rights whatsoever. Even the Old Testament says that aliens have substantial rights! (e.g., Lev 19:34, Lev 24:22, and many others)
This guy is horrible, and deporting him would be best for the country. However, they also just arrested that Turkish student who was guilty only of speech, and she should be the poster child for *everyone* to recall Niem├╢ller's poem "First they came".
Listen, I agree. The guy is a scumbag and they should ship his ass out of the country. But we cannot ignore this administrations repeated steps to skirt the Constitution! First it will be Khalil, next it will be someone else. That is the slippery slope. And it is exactly what the Nazis did when they first took power.
I am also wary of the administration's attempts to undermine the constitution, but my point is is that Trump is not unique in this, that the left and the right are silent when it's their guy, outraged when it's not.
FDR signed over 3700 executive orders, one of which included the internment of 120,000 Japanese Americans. Was he a nazi? As Americans, we need to start making honest, and at times painful, assessment that even the Presidents I may admire, and not just the ones I personally do not like (which includes Trump), have contributed to the crossroads we may be at today.
Hannah. I think its a brilliant observation to compare the FDR internments with Trumps policies today.
In fact, with your permission, I would like to dive deeper into it and write a paper about it.
I surmise that factors such as cultural and technology differences between the eras, media biases, and war time vs peace time issues will all be relevant. Also, I bet there is case law on the topic that strengthened Due Process rights as a direct result of theJapanese camps. ItтАЩs a profoundly interesting topic. This is what I truly love about this platform. I get so much out of listening to differing opinions and points of views. Thank you!