Re:Judge Rules Terrorism Watchlist Violates Constitutional R...
by jeffdavis on Thursday September 05, 2019 @12:05PM
(#20888050)
A closed hearing from only a single party is not due process.
Then, the subject of the order must fight (at great expense) to regain their rights, which is a de facto presumption of guilt.
No hearing. No charges. No grand jury. No due process.
Due process might be a 30-day order to confiscate guns. If they can't get a grand jury indictment or involuntary commitment to a mental institution in those 30 days, the gun owner gets their guns back automatically and can't be subject to another red flag for 10 years.
Then, the subject of the order must fight (at great expense) to regain their rights, which is a de facto presumption of guilt.
No hearing. No charges. No grand jury. No due process.
Due process might be a 30-day order to confiscate guns. If they can't get a grand jury indictment or involuntary commitment to a mental institution in those 30 days, the gun owner gets their guns back automatically and can't be subject to another red flag for 10 years.