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 pol…
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 Niemöller's poem "First they came".
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 Niemöller's poem "First they came".