Due Process

Due process is what separates a democracy from a police state. As the Fourteenth Amendment of the Constitution states, the government shall not "deprive any person of life, liberty, or property" without first having a fair chance to defend themselves.

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After Al-Aulaqi's Killing, Why Due Process Matters

By Suzanne Ito, ACLU at 5:04pm

In "Crime or War: Execution or Assassination?" David Shipler of The Shipler Report writes about why due process — even for terrorism suspects who have admitted to plotting against the U.S. — is important:

So, why bother to bring the guilty man in for a fair trial? For thorough truth-finding, one could say, or to uphold the pageantry of constitutional justice, which is a crown jewel of our democracy. To lend unquestioned legitimacy to the ultimate sentence, even if it is death, so the world does not look upon America with repugnance. To keep the trappings of civilized order so that we do not become a vigilante state. To stop ourselves from taking a step down a long slope whose ends might be oppression very different from anything we can now imagine…

Shipler also calls for the Obama administration to reveal the standards under which Americans are placed on the CIA's "kill lists," information we seek in our Predator Drone Freedom of Information Act request and lawsuit. But the government has mostly stonewalled our attempts to uncover basic information about targeted killings.  The CIA refuses to confirm or deny whether it has any records at all relating to targeted killings using drones, even though the CIA’s involvement in the drone program is widely acknowledged.  And other government agencies flatly refuse to release documents explaining the government’s asserted legal basis for conducting targeted killings — including against U.S. citizens — using drones.

Death Without Due Process

By Suzanne Ito, ACLU at 2:54pm

Today, the National Security and Foreign Affairs Subcommittee of the House Committee on Oversight and Government Reform held a hearing called "The Rise Of The Drones II: Examining The Legality Of Unmanned Targeting."* The hearing addressed the legality of the use of unmanned systems (i.e. drones) in Iraq, Afghanistan, the Pakistani border regions, and elsewhere.

Immigrants with Mental Disabilities Deserve Due Process

By Jennifer Stark, ACLU of Southern California at 10:40am

Ever Francisco Martinez-Rivas, 31, suffers from schizophrenia and hallucinations, and exhibits unexpected patterns of behavior. After getting into an argument with his stepfather that turned violent, he was taken into police custody.

Though Mr. Martinez is a lawful permanent resident of the U.S. and has lived here since the age of 9, current laws allow the federal government to deport Mr. Martinez to his birth country, El Salvador, because he lacks U.S. citizenship.

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