Reply To: I don’t like Donald Trump, but…

Home Forums Decaffeinated Coffee I don’t like Donald Trump, but… Reply To: I don’t like Donald Trump, but…

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akuperma
Participant

If the fourth amendment (“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated …”) doesn’t apply to the rich and powerful, what rights exist for the rest of us. If a politician can use the legal system to punish their political enemies, what chance do the rest of us have? Are we all rightless “deplorables” at the mercy of the ruling elites?

In many ways, the same issue arose during America’s (pre-Independence, when we were part of England) early history. Those in control of the government (small “r” Republicans), with army support, executed King Charles after a “kangaroo court” (albeit that term would be an anachronism in the 17th century). Public opinion (which mattered even though democracy with a small “d” was still in the future) realized that if the king has no right to due process (something that England, and its colonies, had begun to value starting in the middle ages), than no one has.

As head of the executive branch, Trump had a arguable right to declassify and take home any papers (other presidents tend to donate them to libraries or archives). If there is a dispute over the extent of those powers, it is a civil dispute, not a criminal dispute. Those who object so go into a court and request an injunction against Trump, allowing Trump to argue back that he was authorized to take those papers. Finding a Democratic (large “D”) judge to sign a search warrant, rather than seeking a subpoena in a civil proceeding (with Trump having the right to a lawyer and to participate in the proceeding) is a grievous breach of due process typical of a third world country. It is not the American way (though Obama did say that he opposed American “exceptionalism”) and a big part of what makes America “special” is due process and rule of law, which is lacking in most countries).

Whether you embrace “Trump derangement syndrome” or consider Trump to be as close to a messiah as you are likely ever to encounter, consider how you wouyld feel if someone who hates you can arrange to have the cops break into your house and seize your stuff without giving you legal recourse (other than suing to get your stuff back). That was an issue that was supposedly settled in 1791, and apparently it still is an issue.