The following is a transcript from the Pro America Report.
Welcome, welcome. Welcome. It’s Ed Martin. And it’s the Pro America Report. I’m excited. You can hear it probably in my voice sometimes. It periodically, not an insignificant number of times. I have to record. An interview before I do my WYNK, my opening segment, and so right now I’m gonna tell you what you need to know. And I had it mapped out. I I was writing down my notes because I’ve been trying to write about this subject also. That’s due process and the need for due process in the country and how we’re being impacted.
But I just interviewed Nick Barry, who is the senior litigation counsel. Over at America first legal AFLegal.org and this guy is a real star, and what they’re doing to protect parents rights. It’s awesome. They got a settlement up in Pennsylvania where they basically backed off a school board that was, you know, when you’re in public schools, you have a lot of power as a parent to opt out of things, especially teachings you don’t agree with. Sex, sex ed. Sometimes all this crazy, you know, kind of diversity stuff that goes too far. You can opt out of stuff. And there’s lots of laws. Federal laws and and state laws that protect it.
But a lot of times a parent is at the mercy of the bureaucrats who don’t want you to opt out. They don’t wanna. They don’t wanna mess up the gravy train and the gravy train is these curriculums that are put in. So they find lots of bureaucratic ways to make it difficult. And so you, you know you. I’m gonna opt out for my child and then they or you in order to opt out you have to have your child bring it up and you’re like, what, my child’s a 7 year old. You know my child’s gonna bring it up. What are you talking about? and they do all these kinds of things. So kudos to Nick Barry and America First Legal you’re gonna love this interview in a few moments really good really good.
But what you need to know today what you need to know today. It’s let me tell you, it is so important, so important. I’ve talked about it before and I’m trying to write a lengthier piece of of journalism on this, on due process, and on what the due process clause means and what due process in America means and what its history is is in the country.
And you know there’s a lot to due process. And there’s a big history of it and some of it has been taken over by the left.
Because what due process really Means is what what you would usually call procedural. You hear it in the word, process, procedural stuff.
What the left did was try to say substantive due process and read into things rights that have bigger meaning. And frankly, this is where they get things like they created the Roe V Wade, Doe V Bolton when they made-up that right, that’s the spirit of what’s gone on with substantive due process.
But procedural due process has this immense History, just about 1000 years, really. The often people cite it back to the Magna Carta, the Magna Carta, was an English document. And by the way, there is a copy, one of only 5 copies of the Magna Carta in Washington, DC in. The museum, the Archives, the National Archives for America has the Declaration of Independence, the Constitution. It’s extraordinary. The Bill of Rights. It’s unbelievable. You can go. It’s this incredible hall. If you’ve seen some of those. What was the movie The Night of the museum or one of those? There was a a movie that showed that hall. It’s a really stately, beautiful space. Well, the floor below that on the first floor. There’s a copy of the Magna Carta and I think the Magna Carta was signed in like 1235. This copy is one of only five existing copies and was from about 10 or 20 years later. But there’s that’s the only copies they have is this, that, that era. But anyway, that, that that’s where most people cite the the development of due process where The king had to cut a deal to to hold power, and basically he he started to put in place this idea that you had a way to ask, a way to check the power by objecting and getting due process all the way down to today.
As I’ve told you over and over again, I believe the crown jewel, the crown Jewel of America, is our Constitution and the rule of law and the values underlying it.
By the way, the values are really important and I will join if you want me to. I’ll say Judeo-Christian values, but I really mean Christian values. For me the Christian values to look at is Judeo-Christian because for me as a Christian. The the Judeo, the Judaic Christian tradition, is within the Christian tradition, but be as it may, the virtues of honesty, integrity, fair dealing, things that have come up in our. All of our. Beings as a moral People, that’s what informs how the rule of law and the Constitution are understood and implemented and dealt with.
So the crown jewel of America, the Constitution, rule of law, and the founding values altogether, melting pot of people didn’t matter if you were the relative of the king, or it didn’t matter if you were a rich guy or poor guy, you had the ability, the opportunity, the system allowed you to flourish, didn’t mean everybody did. Didn’t mean we didn’t need. To improve it, we did. We have, we will.
Right now we’re gutting it and we’re gutting it because, for example, due process is being denied to so many people. Now I have seen for a long time aspects of this problem and I probably was blind to the scope of it. So I have seen, you know, over the years that certain groups of people. Are treated differently, aren’t treated fairly. I’ve seen judges who I thought were not impartial. But they tended to be an exception, not the rule, or they tended to be an exception. That was an outlier. That’s a better way to say it, and instances of of poor treatment of certain people and and the lack of due process it it fell, at least I justified to myself looking back as a lawyer, I I looked at and said, well, those are mistakes. Those are errors. Now we see systemically a denial of due process, and let me talk about one aspect.
Due process requires an impartial tribunal. And a judgment by your peers, we say, but by unbiased peers.
In other words, if you went on a jury and you were, and I was the one being charged with something, and it turns out that you and I had been business partners and we had had a, you know, a a severed partnership and we were no longer in business together and we didn’t like each other, you wouldn’t put that guy on the jury. To judge me. You you there was an expectation and again it there was no magic formula that said how you would figure out what an impartial tribunal was, an impartial judge or or a jury of my peers that were that were unbiased.
It was a sort of a development of the Constitution and the Rule of Law and The founding values.
And so due process denied. We watched. And this is the one that’s in. My head that I want to tell you about because I’m so Upset about it, I’m upset about it everyday.
After January 6th, when there was a riot and some people did do things they shouldn’t have done, we watched the media and big tech push a narrative and we watched as one of the major government entities, the US House of Representatives, spent 10s of millions of dollars and simply. Lied about a message.
They did. It was a political lie. In my opinion. But it was politicization of what happened on January 6th. Instead of getting to the bottom of the pipe bomber, we know nothing. Instead of getting to the bottom of of of dubious actors like the gallows, the fake gallows gang, we got nothing. Instead of preserving a record and having history be clear, we have the Select Committee of Liz Cheney, Nancy Pelosi and Benny Thompson, they deleted the videos of of depositions. They got rid of documents. They hired staff who did investigations, and they disappeared the documents. And you, you get the point. But it was a political argument they were making.
Here’s the problem. The problem is due process requires that you go and and if you are arrested and someone charges you, the prosecutor charges you. You you are allowed to go into court and get a a fair jury and a fair body. Washington, DC. has a population of just over 700,000 people. Conservatively. I don’t know. 400,000 could serve. On a jury. That’s conservatively. It’s probably less because there’s probably people that are well, no. That’s probably that’s probably right. And knowing Washington, DC, maybe it’s maybe out of 700,000 people, you know, 450,000 are adults and an age to serve on a jury. But be that as it may, what you had was a political branch. And the media and Big Tech telling a lie. In such a way that there’s no way you can get a fair trial in Washington, DC, there might not be a way to get a fair trial in America because the power of the narrative machine, big tech, big government and big media. But at least you could argue that if you went to Denver and tried a case of a guy who had showed up on January 6 and broke a window. You’d get a jury that wouldn’t be as dominated by the $20 million nearly that this Congress spent, the public hearings, the uproar, the the the over dramatization of security etcetera, etcetera.
Due process. And our crown jewel, Constitution, rule of law and founding values says, When in doubt, protect the system and give the individual citizen something else, some place else to go to, get a fairer jury trial, a fairer jury.
And and you know what? The judges and and the media and big tech and everybody has. Not demanded that. So you have people who are suffering through A system that is completely biased and and if you don’t have due process, if you deny due process for individuals to get a fair trial with jurors who would be at least open, then the thumb is not just on the scale. The scale is is is hammered down in favor of the prosecution. It’s hard enough to beat a federal prosecutor with a fair jury. It’s hard enough because the federal prosecutors have all the power and all the money and all that action and all the stuff. And again, in this case. But in this case of all these January 6th, it’s a blatant denial of due process and no one’s objecting sufficient to stop it. It’s wild. It’s wild, it’s terrible. It’s terrifying.
It’s not democracy. What Joe Biden and his DOJ are doing. It’s not democracy. It’s not. This is a is a is an authoritarian regime. When you deny due process.
Alright, we gotta run. We gotta run we’ll take a break, we’ll be right back. Ed Martin here in the Pro America Report back in a moment.