A Note About Due Process

Dear Democrats,

Denying the basic democratic right of Due Process is not taking the high and holy ground.

To read much of the news today, the Democrats would have us believe that they are somehow representing the "good" to the Republican’s "evil" in forcing the resignation of Representative Conyers and Senator Franken.  But wait – both men deny at least some of the allegations against them.  Should they not be entitled to defend themselves, to have a fair and full hearing on all the evidence before being summarily forced from their careers?  Apparently not.

And, if one takes much of what we read today as correct, the Democrats intend to use this denial of due process to their members as a way to force the resignation of Judge Moore if he is elected and maybe even the resignation of the President, both due to unproven allegations of sexual misconduct against them that they have denied.  Democrats somehow believe that their actions have given them the moral high ground that will lead to their ability to remove opposition based on unsubstantiated allegations alone.  That is, they believe that acting as a lynch mob is somehow applaudable.

Yet, I wonder why anyone who really understands our democracy and our system of justice would or could respect a party that doesn’t respect Due Process.  For those who have forgotten what that term means, it is the right of citizens to fair treatment through the judicial process.  It is guaranteed by both the Fifth and Fourteenth Amendments of our Constitution.  Due Process protects citizens from arbitrary punishment and sanctions without the full procedural and substantive processes provided by the law.   Punishment on mere allegations alone and without a full presentation and examination of relevant evidence is not due process.  Acting arbitrarily against someone simply for political gain is not due process. 

These political lynchings are troubling on many grounds.  First is the eagerness with which the Democrats are willing to dismiss a basic constitutional safeguard simply for their own political purposes.  If we applaud such action then we encourage these sorts of political lynchings in the future, perhaps based on other grounds, but always to the detriment of our system of democracy.  Second, but related is the denial to the people of their right to choose their representatives; the leader of a political party should not overturn the will of the people without fully substantiating evidence that such action is absolutely necessary, and finding such evidence would require due process.  Again, the Democrats do not seem to understand the role of the electorate and the voice of the people in our democracy.

Looking now to the individual toll on both accusers and accuseds, the third ground on which these political lynchings are troubling is that the men are now “guilty” without any proof of that guilt, and no opportunity to present their side or force an accuser to come forward and prove their accusation.  Whether guilty or not, they must now carry that label with them.   This sets a very dangerous precedent.  Fourth, these punishments based on accusation alone tend to cheapen legitimate accusations that, without proof in a court of law, will always be open to doubt and that doubt will be a further and continuing wound to the victim. 

The Democrats may think they have scored some sort of victory by demanding immediate resignations of their accused colleagues.  Al Franken may think that he has done something noble by falling on his sword for his party, even while denying the allegations against him.  But these are not laudable acts.  They are instead direct affronts to, if not attacks on our democracy.  Anyone who has even a rudimentary knowledge of that democracy or how our justice system works should be completely appalled.  Even those who like the ultimate goal of these acts should speak out against them.   Certainly, there should be no support or reward for these actions or for any such similar actions in the future.  We must not allow the ends to justify the means, especially when those means deny our basic rights as citizens and are a direct affront to our Constitution and our Democracy.

Addendum:  Breaking news just now that one of Moore’s accusers has admitted to forging at least part of the yearbook inscription that was used to accuse him.  Things like this support not rushing to judgment based on accusations alone.  (And by the way, why isn’t this on the front pages of the main stream and Democrat media in the same way that the initial accusation was?)