Harvie Wilkinson on Due Process
After Judge Paula Xinis granted discovery to Kilmar Abrego Garcia’s attorneys, Trump ran to the Fourth Circuit.
Waiting less than a day, the conservative on the panel for the case, Harvie Wilkinson, wrote a scathing opinion rejecting Trump’s plea for help.
It is difficult in some cases to get to the very heart of the matter. But in this case, it is not hard at all. The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order. Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done.
This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear.
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