The following is a transcript from the Pro America Report.
Welcome, welcome. Welcome it’s Ed Martin here on the Pro AmericaReport. Hey, great to catch up. I hope everybody has had a good weekend. The Pro America Report. Visit proamericareport.com proamericareport.com. You can check out all of the there there sign up for the emails that come out of that. That’s a Substack and also head over to PhyllisSchlafly.com you get the daily e-mail the WYNK, what you need to know what you need to know every morning. 8:00 AM East Coast, 5:00 AM Pacific goes into your inbox. Tells you a Few key links. A few key places to go, and one, sometimes two big thoughts on what you need to know. So the daily WYNK. Check it out. Phyllis Schlafly.Dot.com go sign up there, all right.
Today I want to preview something, I hope you saw that we started talking about the Monroe Doctrine last week, 10 days ago, and it eventually got through and everybody’s talking about it. I mean, they had it on Bannon’s War Room. They had it over the weekend. I heard it referenced on Fox all over the Internets. Lots of people paying attention, very important doctrine, the Monroe Doctrine. Important history. Very special. So thank you for your part in promoting that.
Today, let’s begin speaking about something very specific, very specific. And that is this.
Due process — demand it. Due process — demand it.
Now you’ve heard me talk about this quite a bit. There’s a book, Due Process Denied, written by Cynthia Hughes. I wrote the introduction to it, extraordinary history of the treatment of the January 6th prisoners and how badly they’ve done been treated and what’s happened. And it’s great little book. I’m very proud of her. Proud to be affiliated with that. Excuse me, but.
Due process denied is descriptive descriptive. Meaning This is what we’ve seen the laws used in in strange ways, the juries being hard to understand as impartial. The judges not being able to manage a a tribunal in a way that’s fair. All these kinds of things that are descriptive of what has happened To January 6 folks. Well, we’ve pivoted. We pivoted. And the pivot is this, and I want you to watch and I want you to pay attention. And I want you to be a part of this. And here’s the pivot.
Due process — Demand it.
We the people in this country have every right to demand due process. We we don’t have to sit back and say huh, that’s too bad. That’s too bad that we are being denied our due process, that that’s not good, that that’s not good.
No, we’re demanding due process. We’re demanding that as the 5th Amendment says. We shall not we. No one shall be deprived of life, liberty, or property without due process of law, due process of law, 14th Amendment uses the same 11 words. They call it the due process clause, and they argue, and then they clearly. And require An obligation of the states, not just the federal government, so.
Due process though, so there we get back to due process. What is it? What is it? Don’t fall by the way, for this substantive due process, substantive due process is a way that the left has tried to take a a doctrine, due process, and make it into a way to create laws. Substantive due process is a way, ah, Let’s see if we can come up with a some ideas on what else we should have in the law substantively that isn’t included. That we think should be there. It’s just a way to make up law, no.
Historically, due process has to do with the interaction of the law with we the people and how you have a right to the process, the procedures to be fair and honorable and work. Goes all the way back, by the way to the Magna Carta. I don’t know if you know that history. There is a copy of the Magna Carta, by the way. In fact, I think The Magna Carta is about 13th century, I think Maybe it’s some, The copies that exist of the Magna Carta were about 20 years after the original was signed, and those are the earliest versions. So in other words, in that time you didn’t have photocopies, you had to have handmade copies, and this was a handmade copy, 15 or 20 years after. And there’s only three or four of them. One of them is in Washington, DC, in the archives on, there on on Constitution Ave. And so the idea Was that King John In the Magna Carta, he says, he will act only According to the law. And according to the processes. Of the law. So that’s the starting point. We’re going to abide by the law. OK, that’s pretty good. That’s it. That’s at the crown at. That’s at the center of of American life, of course. But we’re also gonna abide by the processes, the procedure.
Now this is the crown Jewel of America. Whenever people say, Ah, America is an idea, I don’t know what that means. I I just don’t know what that means. I understand, it sounds, but it sounds silly to me. America’s people. But what is it that knit us together and the knitting us together. The the thing that knits us together, the crown jewel. In other countries, they actually have crown jewels that are like, ohh, that’s the. Crown jewels of. England, the most important valuable thing, who puts the crown on.
Ours is the Constitution. And the rule of law and the founding values. And those knit us together and make us different than the rest of the world.
So that in the rest of the world they might say, oh, as justice the late Justice Scalia said, other nations have a have a constitution, a bill of rights. They just don’t abide by them. They got lots of words on paper.
In the case of America, our crown jewel, our crown jewel. At the very heart of what we’re doing. Is the Constitution the rule of law, and our founding values. And the best way to describe that is to say due process.
That when you are losing your life, liberty or property, you have to have Fair procedures for how that, what happens. There has to be a fairness about it.
Now. What is that fairness? What are the sets? There is a famous judge, a Judge Friendly, a federal judge who has written on this subject and he he wrote about this. His name is Circuit Judge Henry Friendly. He never makes the. US Supreme Court. He was at that, I forget which court he was on. Actually. Now that I say it out loud, was he? He was up in, I think he’s from Pennsylvania, so he probably was, uh like the the 1st or circuit, I don’t know, I’ll find out but but the but he was a prominent judge who was well respected and he was able to articulate in in a. Very he so. He wrote a he wrote a an opinion and he used a very, there it is. He was a circuit. Judge Second Circuit. Sorry. And he was on the court until 1986.
And he he wrote this description that is commonly referred to about elements of due process.
And the first one is an unbiased tribunal unbiased tribunal. Does it look like Donald Trump is in an unbiased tribunal? Does that look possible to you? Not even close. Not even close.
The right to know opposing evidence. That’s one of the one of the aspects. Does it look like you’re getting all the material? Does it look like President Trump is being denied the chance to look at opposing evidence? Of course, of course, it looks like he’s being denied that chance.
Right to Counsel there making a record availability, statements of reasons, public attendance, judicial review.
When you go through due process, Judge Friendly what you come up with is there’s a a a fairness required. The jury, so an impartial tribunal. Either the judge should be impartial or if it’s or. And in addition to the judge, if it’s a jury trial should be a jury that is impartial. And is a jury that’s able to put aside their biases. How’s that gonna happen in Washington DC? It’s not possible. It’s not possible. We have a system. Where the the law is being applied unevenly. To one group. Trump, J6, then to others, Antifa. The others that have rioted. The reality is due process requires a a fairness of the system of the processes that is just not happening. It’s not happening in this case and we’re watching it be trampled.
And here’s what really gets me. I’ve said this before, but I’ll say it again. Why aren’t there more lawyers? Men and women who are called to this profession, that is is often called, you know, less a profession and more a vocation, a calling, because you’re called in America. Towards the crown jewels. Constitution, rule of law, founding values. You’re one of the protectors. They call you an officer of the court. You have a. Certain set of of of obligations, duties, duties, better duties, not obligations. And you have these duties. That you’re supposed to live up to, and where are they?
The lawyer, too many lawyers are quiet and you watch these judges the judge up in New York in the state case, there’s no way you can. It doesn’t matter that his wife is a is a character and it does all these crazy things. And the judge may say that’s not me. I’m not her. Don’t judge me by my wife. It doesn’t matter. It makes the appearance of of, of, lack of impartiality is as bad as impartiality itself, that’s the reality. The system has to be preserved. The system is bigger than the individuals. The American legal system is the greatest protection in the world. Greatest place of freedom in the world, and it is being gutted. By the prosecution, the attacks on Donald Trump and in particular on what’s happening in Washington, DC, that the swamp is so drunk with power.
And the Congress and the Judiciary and others are so enamored with their own power that they can’t see that they have corrupted the system. It’s really quite terrifying. And I mean that. In that sense of the word.
Due process — demand it, demand it. That’s what we the people want. And we deserve it. It’s ours.
Alright we’ll take a break. It’s Ed Martin here on the Pro America Report.