Tangle Podcast Episode Summary: "PREVIEW - The Friday Edition: Why Due Process Still Matters"
Release Date: April 4, 2025
Host: Will K Back (filling in for Isaac Saul)
Podcast: Tangle, Hosted by Isaac Saul
Introduction
In the preview episode of Tangle's Friday Edition, host Will K Back steps in for Executive Editor Isaac Saul, who is traveling back to the East Coast. Will introduces listeners to the episode's focus: a personal essay by Isaac titled "Why Due Process Still Matters." This episode delves into the critical importance of due process in the American legal and political landscape, especially in the context of contemporary immigration policies.
Isaac Saul's Personal Experience
Will begins by sharing Isaac Saul's personal ordeal, where Isaac was defamed in a niche online community:
"A few weeks ago someone made a defamatory post about me on a forum of my peers. The post accused me of, quote, 'manufacturing consent for mass murder in Gaza,' being a quote, 'stenographer for the military-industrial complex,' and quote, 'using fabricated sources to write about a non-existent Uyghur genocide in China.'"
[01:21]
Isaac clarifies that these allegations were entirely false, emphasizing his genuine activism against the military-industrial complex and his stance on international human rights issues. Despite the defamatory nature of the post, its limited reach and eventual removal minimized personal repercussions. However, Isaac underscores the psychological impact of such baseless accusations and the importance of having the means to defend oneself legally.
Historical Context of Due Process
Isaac provides a historical backdrop to the concept of due process, tracing its origins to the Magna Carta:
"Much of the foundation of our conception of legal rights comes from the Magna Carta... in the United States, the Fifth Amendment was ratified with the Bill of Rights in 1791 and carries on the bulk of the Magna Carta's legal provisions, declaring that, quote, 'no person shall be deprived of life, liberty or property without due process of law.'"
[03:45]
He further highlights the significance of the 14th Amendment in 1868, which extended due process rights to state actions, reinforcing that these protections are fundamental to both federal and state governance.
Current Immigration Policies and Their Implications
The discussion shifts to the contemporary application of due process, particularly under President Donald Trump's administration, which has been critiqued for expanding executive authority to curb illegal immigration. Isaac outlines how these policies have led to controversial deportations affecting various groups:
"President Donald Trump... has been stretching his executive authority as far as he can. His orders target immigrants of various stripes... violent criminals... student protesters... legal immigrants with no criminal record..."
[07:04]
Case Studies Highlighting Due Process Issues
Isaac presents several real-life cases that exemplify the contentious nature of due process in immigration enforcement:
- Mahmoud Khalil: A Palestinian graduate student arrested for alleged pro-Hamas activities, currently detained without formal charges.
- Rumesia Ozturk: A Fulbright scholar arrested after publishing an op-ed advocating for US divestment from Israel.
- Alireza Daroudi: An Iranian doctoral student detained under national security pretenses without evidence of criminal activity.
- Eduardo Nunez Gonzalez: A business owner with a clean record, arrested under dubious circumstances while performing mundane tasks.
- Kilmar Abrego Garcia: A Maryland father deported to El Salvador despite previous protections due to administrative errors, now imprisoned under violent gang affiliations.
These cases illustrate the blurred lines in legal grounds for deportation and the inconsistent application of due process rights for noncitizens.
Legal and Philosophical Debates on Due Process for Immigrants
Isaac delves into the legal debates surrounding due process for immigrants, citing the contrasting views between the left and the federal government:
"The left is keen to cite conservative icon Antonin Scalia, who famously wrote that it is well established that the Fifth Amendment entitles aliens to due process of law in deportation proceedings, end quote."
[10:30]
Conversely, the federal government has argued in Supreme Court cases that expedited removal processes for noncitizens can limit judicial review without violating due process. This dichotomy underscores a fundamental philosophical divide:
"Some people believe that noncitizens in America deserve due process, and others believe they don't. That's really it."
[11:45]
Isaac advocates for the extension of due process protections to all individuals on American soil, irrespective of their immigration status, emphasizing the moral and ethical imperatives over purely legalistic considerations.
Host's Perspective and Conclusion
Will K Back articulates his support for universal due process rights, aligning with Isaac's stance. He underscores the moral responsibility to ensure that "everyone on American soil... must be given the benefits of due process, however costly and sometimes impractical or inconvenient it might be."
The episode concludes with the tragic case of Kilmar Abrego Garcia, highlighting the human cost of bypassing due process safeguards:
"The deportation of Abrego Garcia to El Salvador provides a great reason why the question of whether Garcia was legally removable is not really in doubt... The larger issue is that the court was clear that he should have been protected from deportation to El Salvador... now, the administration has placed him inside of prison."
[11:55]
Isaac's essay serves as a poignant reminder of the indispensable role due process plays in safeguarding individual rights against arbitrary governmental actions, especially in the volatile arena of immigration policy.
Conclusion
This preview of Tangle's Friday Edition offers a compelling exploration of due process, intertwining personal narrative with historical context and contemporary legal debates. Through Isaac Saul's essay and Will K Back's insightful narration, listeners gain a nuanced understanding of why due process remains a cornerstone of justice and civil liberties in the United States.
For those interested in the full episode and further discussions, subscribing to Tangle's newsletter or premium podcast service is recommended.