Tuesday, October 2, 2018

Brett Kavanaugh and due process

The Constitutional Reasons to Oppose Kavanaugh for the Supreme Court - Foundation for Economic Education - Brittany Hunter:

October 1, 2018 - "After two days of political theater, the Senate Judiciary Committee agreed to delay the vote to confirm Judge Brett Kavanaugh to the Supreme Court for a week. In that time, the FBI will conduct an investigation surrounding the allegations made against him.... And the real losers, unfortunately, are the American people, who are being diligently distracted from Kavanaugh’s actual policy record.

"To be sure, claims of sexual misconduct should certainly be brought to the public’s attention, especially when they involve a nominee for a position as powerful as a Supreme Court Justice. And in the #metoo era, failing to take these allegations seriously would be most unwise. But losing ourselves in this political circus and the subsequent media frenzy surrounding Kavanaugh’s sexual past glosses over another aspect of his professional career that should concern every single individual: his promotion of the national security state....

"The years of 2001-2003 were ... the years that Brett Kavanaugh served as associate White House Counsel for then-President George W. Bush.... One of the most egregious acts perpetrated against the American people at this time was the PATRIOT Act. And one of its greatest supporters was Brett Kavanaugh [who] referred to the PATRIOT Act as a 'measured, careful, responsible, and constitutional approach' in an email sent to a colleague....

"The PATRIOT Act obliterated the Fourth and Fifth Amendment rights to privacy and due process by giving the federal government sweeping new powers to conduct surveillance on the American people.... But [Kavanaugh's] support of the legislation that signaled the downfall of American rule of law does not simply end with his favorable comments. Kavanaugh was also one of the individuals tasked with its drafting....

"The 2013 Edward Snowden leaks were arguably one of the most significant events to occur over the last decade.... In many ways, the Snowden situation drew a line in the political sand. Those who stood for freedom believed in the people’s inherent right to privacy and in upholding the Fourth and Fifth Amendments.... However, in a ruling in the U.S. Court of Appeals for the D.C. Circuit, Kavanaugh ruled that 'the Government’s metadata collection program is entirely consistent with the Fourth Amendment.' He also later stated that 'that critical national security need outweighs the impact on privacy occasioned by this program'....

"Due process is a staple of our American legal system. And ... there is more to due process than allowing Judge Kavanaugh to have his day in court. If the government would like to gain access to the private communications of American citizens, it must do so by going to a judge and obtaining a warrant. This warrant must specifically state what property is being searched and what is being searched for, as is specified by the Fourth Amendment.

"Requiring law enforcement to go through the proper channels to secure a warrant before violating the privacy of American citizens is part of due process..... [D]ue process is not meant for one class of people; it is meant for every American citizen whether they are nominated for the Supreme Court like Kavanaugh, or happen to have a radicalized parent like sixteen-year-old Abdulrahman al-Awlaki, who was targeted and killed by the U.S. Military without any semblance of due process."

Read more: https://fee.org/articles/the-constitutional-reasons-to-oppose-kavanaugh-for-the-supreme-court/
'via Blog this'

See also : Libertarian makes SCOTUS case for Kavanagh

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