Trump Whines the 6th Amendment Is TOO HARD To Enforce

It’s not like we didn’t know Trump has no respect for the Constitution. To him it’s just some ‘kind of cool historical artifact’ which is why he wanted it transferred from the Archives to the Oval Office. (So he could take it to Mar A Lago – maybe sell it?) My point is that he argues HE is the ultimate Constitutional Authority, both on what it says and whether or not to enforce it’s provisions.

In other words ignore that stuff in the Presidential Oath of Office about faithfully executing the laws and protecting our Constitution. To him it only applies if it says something he agrees with, and if not he’s by golly President with unlimited authority to decide not to follow stuff he doesn’t agree with.

That brings us to Trump complaining it’s just TOO HARD to provide the protections laid out in the Sixth Amendment! Rolling Stone has an excellent write-up of SCOTUS spanking Trump.  It’s well worth the time to read and I urge you to do so.

In the end, despite Trump and conservatives freaking out SCOTUS did NOT tell Trump he couldn’t deport people. It just said there are rules and procedures set forth in the law and backed by the CONSTITUION that have to be followed first. 

As a result we have self-professed ‘tough guy’ Trump whining and screaming like a toddler in the grocery store because mom or dad won’t let them have a candy bar. But this is a serious matter so leaving aside the making fun of Trumpty let’s take a close look at what’s going on. The amendment in question is quite straightforward:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Cornell’s well established and respected Legal Information Institute covers lots of matters including the Constitution itself. As they explain:

The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.

It has been most visibly tested in a series of cases involving terrorism, but much more often figures in cases that involve (for example) jury selection or the protection of witnesses, including victims of sex crimes as well as witnesses in need of protection from retaliation.

They of course go into a far more detailed, substantive discussion which you can look at by going to the link provided. Jury trials as Trump knows them, no doubt because of how to work the system for delays (well, at least he’s the best at something!) would as he says take for-freaking-ever for all the people he wants to deport. However, the system fudges things some when it comes to immigration.

There’s an entire portion of the legal system designed specifically to handle immigration cases and only a small percentage wind up in regular courtrooms.  If there’s a huge backlog (and there has been for ages) it’s because CONSERVATIVES fight every effort to staff it up to the needed levels of judges and other personnel!

The immigration courts do however provide Due Process that has met Constitutional muster, as in judicial review all the way up to SCOTUS. And that friends is ALL Trump and his jackbooted Nazi goons like Stephen Miller need to do. Follow the freaking law and the sixth amendment and allow due process before completing deportations.

Many hundreds of thousands, sometimes even upwards of a million have happened in a given year going back. Even under Obama. A review (often for asylum) is conducted, the findings and recommendations get submitted to immigration judges and if the rules have been followed people get immediately deported once the judge signs off.

It’s a lightening speed process most of the time, far faster than the regular criminal system. However keep in mind that absent being caught with a gun, drugs or other contraband or having a criminal record someone crossing illegally into the U.S. has committed a MISDEMEANOR and treated as a civil and not criminal matter. 

In the Garcia case he’s guilty of the misdemeanor of what’s defined under U.S. Code as “Improper Entry.” That’s it. No other crimes since then, and if you didn’t know once here even if via improper entry or overstaying a Visa it’s NOT a crime under the law to stay here!

In any case, Trumpty (Who PAINTS HIS FACE ORANGE!) is doing a toddler tantrum over SCOTUS telling him in a 7-2 ruling he has to follow the law and allow for due process. Basically that we have this thing called the Constitution, which includes something we call The Bill of RIGHTS and the sixth one says someone accused of a crime is entitled to their day in court.

In immigration cases it’s almost always a specialized court but it’s still an established procedure. SCOTUS didn’t tell the administration they can’t deport people. They simple said in effect ‘There are rules and procedures that both protect rights and minimize mistakes and even  YOU Donald Trump have to follow them.’ 

Well, widdle Donny is huffing and puffing and telling us he’s going to hold his breath till he turns blue. To which I say how could we tell he’d turned blue with all that ORANGE makeup caked on his ugly face? What matters to me is that I’m not about to sit back and allow Trump or any leader to go saying Constitutional rights can be ignored because it’s TOO HARD to protect them. 

Yes, sometimes it’s difficult to provide cherished rights. Free speech for example. That’s a much longer topic but I’m sure you get what I’m talking about.  There’s a system specifically designed to handle immigration cases.  Instead of complaining about it here’s a radical idea for Trump and conservatives: Fund the adding of open jobs for immigration judges and immigration court workers!  I know. I’m talking crazy. But I had to say it…