TUESDAY, MAY 6, 2025
"Cut the crap," she thoughtfully said: The ridiculous clowning never stops on the Fox News program, The Five.
It's the most watched program in "cable news!" Beyond that, it may be the dumbest.
Yesterday, the usual suspects were in their spots, prepared to engage in some messaging. When the question of "due process" arose, it turned out that Judge Jeanine had done a bit of sleuthing.
On Sunday's Meet the Press, Kristen Welker had told Donald Trump that the Fifth Amendment includes the right to due process.
Judge Jeanine had decided to check. On yesterday's program, she described the nature of her search:
JUDGE JEANINE (5/5/25): OK, a couple of thoughts. She [Welker] says that the Fifth Amendment requires it [due process]. So of course, I pull out—I carry this in my purse all the time.
[Displays miniature copy of the U.S. Constitution]
I don't know why. In case some day I [unintelligible], I'll take it out.
The judge had perused the actual text of the amendment in question! Here's what she said she had found:
JUDGE JEANINE (continuing directly, glancing at text): The Fifth Amendment is about a grand jury, it's about double jeopardy, it's about a person not being compelled to be a witness against himself, and you cannot be deprived of life, liberty or property without due process.
It says nothing about illegals. So cut the crap, Kristen Welker! You're a good person, but you're wrong on this.
The day's tutorial ended right there. Inevitably, we turned to the text ourselves.
It's true! It's true that the Fifth Amendment doesn't mention "illegals." That said, it doesn't mention "citizens" either. The full complete text says this:
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
It's been explained a million times. The key point is said to be this:
It's true! the Fifth Amendment doesn't mention "illegals"—but it doesn't mention "citizens" either. Instead, the plain text of the Fifth Amendment confers its rights on "persons."
It says no person shall be deprived of liberty without due process. Given the deprivation of liberty conferred on hundreds of people shipped off to CECOT, this point has been noted a million times in just the past few weeks.
In what should that "due process" consist in various types of cases? The framers didn't spell that out, but their text does seem to refer to all "persons."
It's routinely noted that the Fifth Amendment confers its guarantees on persons rather than citizens. Apparently, Judge Jeanine has never heard anyone make that point, though it could be that she was simply messaging on behalf of her corporate owners.
What will the Supreme Court end up saying if some version of this matter comes before them in the next year?
We don't have the slightest idea. But Judge Jeanine belongs on a major "cable news" show the same way Greg Gutfeld—he's sixty years old!—should be the starting center for the New York Knicks.
The Five is a corporate messaging / misinformation vehicle. Gutfeld and Watters do the towel snapping. Judge Jeanine fumes about "Tampon Tim," tells others to "cut the crap."
Still coming: What did President Trump seem to mean in his remarks to Welker about "due process?" In our view, his statement to Welker is being creatively paraphrased and interpreted, as several observers have said.
Blue America plays these games too! We'll show you why we'd say such a thing before the week is through.
At any rate, Judge Jeanine perused the text. "Cut the crap," she then thoughtfully said.
The erstwhile jurist is correct. The Fifth Amendment does not mention "illegals." Similarly, it does not mention terrorists, or gang members, or pedophiles. It does not mention gay people, athiests, or reality television actors. Further, it includes no mention women, Jews, or libertarians. It neglects to mention professional wrestlers, Methodists, or opera fans.
ReplyDeleteThis is only a partial list of persons who are not specifically identified as covered under the amendment. Completion of the list is left as an exercise for the reader.
I will let my lawyers look into it and get back to you in a week or two.
Delete"Blue America plays these games too! We'll show you why we'd say such a thing before the week is through."
ReplyDeleteDon't hold your breath. Somerby makes these promises and then never gets around to providing any evidence to support his statements about "Blue America."
I don't remember the last time anyone in Blue America played this kind of game by misinterpreting the Constitution. I am eagerly awaiting Somerby's support.
As I understand those words, the Constitution requires that one must receive "due process" (whatever that is) before being imprisoned. But, apparently the Constitution does NOT require due process before being deported.
ReplyDeleteIs that your understanding DiC? How did you gain this understanding?
DeletePeople can't be "deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
DeleteThat doesn't say anything about due process being required before being deported
You did not seem to understand what “due process” means.
DeleteWhen someone is deported, they are deprived of liberty.
Delete@7:43 - You got it. I don't know what "due process" means regarding deportation of illegal immigrants. Neither do you. Is due process a trial? Is it an analysis by some ICE employee? Does due process include a right to appeal? Does do process allow the deportee to demand a trial by jury? Is the standard "beyond a reasonable doubt" or "preponderance of the evidence" or something else?
DeleteAlso, are these questions addressed in the Constitution? If not, and I think they're not, has due process been enacted by the Congress? Or, is due process some procedure invented by judges? And, if the latter is true, can today's judges arbitrarily change the meaning of due process? Can the President define the due process he will use?
It means that our immigration laws and procedures are followed in each case to determine a person’s right to stay or go under our laws. And yes, we have rules for presenting evidence and appealing decisions. Congress established our laws and the president swore to uphold them. He cannot set them aside at will, as the courts have now repeatedly ruled. Your pretended ignorance does not excuse Trump’s behavior. The president is not a king or dictator but is bound by his oath to faithfully execute our laws according to our constitution.
Delete"Due process" is whatever the president wants it to be as long as he first accuses you of being a member of a terrorist gang.
DeleteU.S. intelligence memo says Venezuelan government does not control Tren de Aragua gang
DeleteThe memo contradicts claims by President Trump, who has accused Maduro of controlling the gang, which Trump says is invading the U.S. The government has relied on this argument to justify the deportation of alleged gang members under the Alien Enemies Act.
https://www.npr.org/2025/05/06/nx-s1-5388392/u-s-intelligence-memo-says-venezuelan-government-does-not-control-tren-de-aragua-gang
Dickhead, do you still have so many questions about whether the USA is at war with Venezuela?
Gullible rubes will believe that photoshopped knuckles are real, that without documentation DOGE has saved hundreds of billions of dollars, that contraction of our economy and an upcoming recession compounded by inflation are good things, that due process only involves people they approve of, that there is a silver lining to a president who cannot tell the truth, that cabinet members do not need any experience in their respective agencies, and that store shelves should go bare while billionaires have effective tax rates in the ten percent range. Welcome to the world of the trolls in this comment section, chief among them DiC.
DeleteRepublicans only care abut bigotry and white supremacy.
DeleteEVERYTHING else is negotiable.
Hey DiC,
Deletebeing deported without due process is being deprived of 'liberty'. Try to think.
anon 9:38. bigotry and white supremacy are bad things. It seems like a good thing that Republicans care about this. Would you want them not to care about bigotry and white supremacy? I would think not.
DeleteI agree with AC/MA. Why shouldn't Republican voters care about identity politics?
Delete9:02 Are you pretending not to know that individuals are being sent to foreign jail without the opportunity to defend themselves?
ReplyDeleteNo @9:02 - I am saying that I am unclear about many aspects of due process as applied to illegal immigrants.
ReplyDelete@9:29 - I agree that in some circumstances Pres Trump is not faithfully executing our laws. Will you agree that when President Biden chose to ignore our immigration laws instead of enforcing them, President Biden was not faithfully executing our laws?
Texas v United States. SCOTUS ruled the executive has the authority to set prosecutorial priorities.
DeleteFanny Passmore-Gass
ReplyDeleteJudge Jeanine's textual analysis on The Five was quite the spectacle! Forget fleeting interpretations; she went straight to the source, Constitution in hand. It’s a bit like navigating the intricate levels of Geometry Dash , demanding precision and quick thinking. One wrong move, and you're back to square one. This approach to understanding the Fifth Amendment is refreshing, isn't it?
ReplyDelete
ReplyDelete"It says no person shall be deprived of liberty without due process."
Deporting a Salvadorian illegal gangbanger back to El Salvador doesn't deprive anyone of liberty.
And what Salvadorian authorities do with their Salvadorian gangbangers is entirely their Salvadorian business.
Watching the Soros-bot at 6:17 squeal about illegal immigrants totally outclassing white people on the job market is glorious.
DeleteKeep up the great work corporate hiring managers.
And what Salvadorian authorities do with their Salvadorian gangbangers is entirely their Salvadorian business.
DeleteThe US is paying the dictator of El Salvador to imprison the persons we delivered to them. It isn't their choice. We made a contract with them to imprison the persons delivered.
Delete"the dictator of El Salvador" only exists inside your sick braindead head, Soros-bot.
What Salvadorian authorities do with their Salvadorian gangbangers is entirely their internal Salvadorian business.
"What Salvadorian authorities do with their Salvadorian gangbangers is entirely their internal Salvadorian business."
DeleteWhatever you say, Mr. Soros. You are so great. I'm lucky to live on the same planet as you, Mr. Soros.
I am noticing the strength of maggot world depends on sowing disinformation and confusion to the rubes. There is an industry dedicated to generating bullshit. Trying to fight this is like shoveling against the tide.
DeleteThe rubes are so confused, they believe in the existence of a Republican voter who isn't a bigot.
DeleteThe word gullible doesn't begin to explain how malleable their brains are.
anon 6:17 - what if the person sent to the prison isn't a "gang banger?" You think this guy was, but, no offense, you could be wrong. That's where due process comes in - is the person actually a "gang banger" My impression is that many of those sent to the super prison (for life apparently) - are not "gang bangers."
Delete