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发帖数: 29846 | 1 Trey Gowdy Grills DHS Official on Due Process, Gun Rights
BY: Stephen Gutowski Follow @@StephenGutowski
December 14, 2015 4:10 pm
Rep. Trey Gowdy (R., S.C.) questioned a Department of Homeland Security
official about the idea that American citizens on the terrorist watchlist
should be denied gun rights on Friday.
“What process is afforded a U.S. citizen, not someone who’s overstayed a
visa, not someone who crossed a border without permission, but an American
citizen—what process is currently afforded an American citizen before they
go on that list?” Gowdy asked DHS secretary Kelli Ann Burriesci at a House
Oversight Committee hearing.
“I’m sorry, um, there’s not a process afforded the citizen prior to
getting on the list,” Burriesci said. “There is a process should someone
feel they’re unduly placed on the list.”
“Yes, there is,” Gowdy said. “When I say ‘process’ I’m actually using
half of the term ‘due process,’ which is a phrase we find in the
Constitution, that you cannot deprive people of certain things without due
process. So I understand [Center for American Progress fellow Ken Gude]’s
idea, which is to wait until your right has been taken from you and then you
can petition the government to get it back. I understand that that’s his
idea.”
“My question is, can you name another constitutional right we have that is
chilled until you find out it’s chilled, and then you have to petition the
government to get it back? Is that true with the First Amendment?”
Burriesci then began to explain the criteria to put someone on the watchlist
, but Gowdy interrupted her, saying she was not answering his question. He
then asked the question again. “My question is what process is afforded a
United States citizen before that person’s constitutional right is
infringed. [Gude] is fine with doing it with the Second Amendment. My
question is how about the first?”
“My question is what process is afforded a United States citizen before
that person’s constitutional right is infringed? [Gude] is fine with doing
it with the Second Amendment. My question is, how about the First?”
Gowdy then asked what other constitutional rights DHS might be comfortable
infringing upon without due process. How about we
“How about we not let them set up a website?” he asked. “Or a Google
account? How about we not let them join a church until they can petition
government to get off the list? How about not get a lawyer? How about the
Sixth Amendment? How about you can’t get a lawyer until you petition the
government to get off the list? Or, my favorite, how about the Eighth
Amendment? We’re going to subject you to cruel and unusual punishment until
you petition the government to get off the list.”
“Is there another constitutional right that we treat the same way, for
American citizens, that we do the Second Amendment?” Gowdy asked. “Can you
think of one?”
After a pause, he repeated the question. “Can you think of one?” he asked.
“I don’t have an answer for you, sir,” Burriesci said as Gowdy’s
allotted time to ask questions ran out. |
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