As Dems Have Their Anti-Due Process Sit In, NY Times Reminds Them That The ACLU Doesn’t Agree

by William Teach | June 23, 2016 7:56 am

You’ve seen this, right? The Democrats having a sit in[1] over wanting to pass anti-gun bills that use all sorts of lists that violate Constitutional Due Process. It’s just one big tantrum[2]. By people in expensive suits who are protected by all sorts of people carrying firearms. But, they don’t seem to understand[3] Due Process very well.

Even Gawker thinks Democrats are fighting for a bad, stupid bill[4]. So does the NY Times

After Orlando, Questions Over Effectiveness of Terrorism Watch Lists[5]

The shooting rampage at a nightclub in Orlando, Fla., has focused new attention on the vast but murky terror watch lists that the government has used with mixed results to identify potential security threats.

At the time of the terror attacks on Sept. 11, 2001, there were just 16 names on the government’s so-called no-fly list. Today, that number stands at about 81,000, officials said, and the largest of the watch lists has 1.5 million names on it, all but a small fraction of them foreigners. (snip)

The recent proposals to stop people on the watch lists from being able to buy guns have faced resistance from an unlikely group of opponents, including the National Rifle Association and the American Civil Liberties Union.

“We’re as appalled as anyone else about the attack in Orlando,” said Hina Shamsi, the director of the A.C.L.U.’s National Security Project. “But it’s our position that there is no bar on Congress in the reasonable regulation of guns. They could do something without an overly broad, unreliable watch list solution.”

The A.C.L.U., representing Muslim-Americans and others who said they had wrongly been put on the no-fly list, won a ruling in federal court in Oregon two years ago that found the list was unconstitutional because of the high risk of errors and the difficulty of being taken off it. That lawsuit is continuing.

So, there you have it, the ACLU thinks the lists are un-Constitutional, mostly because they violate Due Process. Also, to be fair, because they love representing Islamists, but, mostly the Due Process notion. Then there’s this

Under guidelines for the biggest of the terror lists, known as TIDE, or Terrorist Identities Datamart Environment, those placed on the list are “known or appropriately suspected” of being involved in terrorist activity. Of the 1.5 million names on the TIDE list, residents of the United States account for only about 15,000.

Which means that the majority of those on that list are ineligible to purchase firearms except in certain situations[6]. How about we fully restrict foreigners from purchasing a firearm without the approval of a judge? This would be for something like hunting, so, yes, we can restrict them to certain rifles, or because they are being threatened? But, most are not permanent residents. They are temporary. Hence, cannot purchase. Period.

Then, if you want to use these lists, if you are US Citizen, you are given all Due Process capabilities, and the Government must prove your danger from purchasing a weapon. If they can’t, they need to leave you alone. And, should have to pay your legal fees if you need a lawyer. Senator Cornyn’s measure, which would require that the government prove probable cause to a judge, just like with a search warrant, would be the best option, rather than the Democrats proposals, which shred due process in favor of mere suspicion, and create enormous difficulties for citizens to get off the lists.

Perhaps Democrats can tell us why they are for not only removing 2nd Amendment Rights, but Due Process to boot?

Crossed at Pirate’s Cove[7]. Follow me on Twitter @WilliamTeach[8].

  1. sit in:
  2. big tantrum:
  3. don’t seem to understand:
  4. Democrats are fighting for a bad, stupid bill:
  5. After Orlando, Questions Over Effectiveness of Terrorism Watch Lists:
  6. certain situations:
  7. Pirate’s Cove:
  8. @WilliamTeach:

Source URL: