Page 3 - Due Process Argument News Today

What the house essentially is saying we need to do our facts-finding to determine what article of impeachment if we are going to bring. that relate to the due process argument. imagine if you are being investigated for a crime and you go to the police and say you cant investigate me unless you give me all the evidence against me first. thats essentially what hes arguing. thats not how investigations work. his right to due process exists and it happens and it happens after they have done the inqu...

Discriminate among the various reporters on the basis of their views, on the basis of what they say. that is content-based discrimination. and that is something that is generally prohibited under the first amendment. i think the due process argument is weaker. i dont think, you know, the white house is obliged to follow, you know, strict procedures in deciding who gets a press pass and who doesnt. but the idea that jim acostas press pass was taken away because of what he said, not because he was...

Has shown that we need to be more understanding and careful about survivors of sexual assault and believe them when they come forth with credible claims, but i am concerned the republicans on the senate judiciary committee have not gotten the memo. i think what we have seen in the last six days since dr. blasey ford has come forward has been bullying and intimidation tactics, and theyre all designed to silence her. thats directly in conflict with what the me too movement is about. so i think you...

If they -- without violating privacy they could prove to us that they have a mechanism of tracking them. >> just because you dont see judge doesnt mean you are not receiving due process. thats a quote. thats what sarah sanders said. do you agree with that? >> no. its a ridiculous statement and everything about this due process argument that the president said is another way for him to create a complication, a reason for people to debate something thats not debatable. i want to make it clear to t...

Tracking them. >> just because you dont see judge doesnt mean you are not receiving due process. thats a quote. thats what sarah sanders said. do you agree with that? >> no. its a ridiculous statement and everything about this due process argument that the president said is aer way for him to create a complication, a reason for people to debate something thats not debatable. i want to make it clear to the viewers. president trump lost this one big time. not only did he have to change, remember, ...

Effect that due process does not require seeing a judge. all right. thats building on the presidents tweets from the other day in a way that really does have constitutional policy implications. >> smerconish, we happen to have a lawyer with us, michael, what do you make of that, the due process argument? >> if youre here youre entitled to due process regardless of whether youre a united states citizen. thats the view from the supreme court of the united states, thats the view from the legal inte...

Talking about, what happens? >> theyre going to argue the similar points that was just -- the ninth circuit just came out with a decision yesterday. heather: right. >> that was whether or not they were going to stay -- heather: keep it. >> but they are still arguments that still have to be made to the ninth again? >> they talk about due process, one of the big criticisms of the executive order is it did not provide notice and opportunity to litigate for the people that are affected. thats a due ...

Administration and theyre saying no, were not going to let that kind of argument stand. and i think the other thing thats not in the text but i have to believe was in the judges mind for a long time will be the presidents attacks on the judiciary, going to far as to blame them for future terrorist attacks. judges notice that and they will want to show they need a put a box around this presidents power early. >> betsy, theres a traditional way of thinking about political capital, particularly som...

Thank you much for that explanation. that was extremely helpful. i really appreciate it. >> okay. im joined now by senator brian schatz, a democrat from hawaii. senator, your reaction to the ruling? >> chris, its a really exciting day. this is a good day for constitutional government, for the rule of law, it was a decisive decision. one of the things that struck me in the 29 pages is that they were more ambitious, less narrow than they needed to be. they wanted to sort of walk up to the line a...

But what the court was strong about in this opinion is that the due process clause does protect aliens who are here. and it rejected even the trump administration effort to save this order by narrowing it saying okay, if you disagree with us and think the executive order should be struck down, heres an alternative, lets limit the executive order so it carves out legal permanent residence and admitted aliens who want to go overseas temporarily and come back thinking that that would save the due p...