The Death of Due Process

WASHINGTON, D.C. -  The Bush administration may be well on it's way to dealing "due process" its death knell. It has certainly used the war on terrorism to strip away rights that are the essence of what made America what it was. There are concerns by many that "big brother" is making it's move and that those who are not American citizens -- who may oppose US policy or have geographically suspect origins -- have not rights.

Now the US has devolved -- to what some claim to be a necessary evil -- and others call disregard for, if not destruction of, the fourth, Fifth, and Sixth Amendments to the US Constitution. Some argue that lack of freedom is the price of freedom. Disregard for evidence, proof, the presumption of innocence, and the right to defend one's self are easily abolished in the face of fear of terrorism. It appears that 200 years of sacrifice in the name of freedom and rights of due process now have little or no meaning.

Finger pointing, name calling, and contempt without investigation  have replaced evidence and the need for proof based upon reason. Evidence is not necessary or relevant  if the right finger is pointed. We are now at the point where merely naming one a "terrorist" or "unlawful combatant" is itself enough to eliminate  any rights to hearings, an attorney, to have one's whereabouts known, or communicate with one's family. Important Constitutional rights  are automatically stripped -- once one tabbed with the right extra-judicial -- and the person so named may be detained indefinitely in a small dark cell with no windows.

The standard for arrest and indefinite detention is "some evidence" (or any evidence) that one has some ties to someone or something that may, in even the most remote way, have some connection to terrorism. The one accused has little if any right or ability to prove he or she is not what they are accused of being - a terrorist or an unlawful combatant. Accusation is now evidence and accusation confines and destroys. This is not what America stands for. Eliminating the need for proof before taking ones liberty or life is a step into a dangerous abyss.

Please

The Modern Tribune