“What distinguishes a concentration camp from a prison (in the modern sense) is that it functions outside of a judicial system. The prisoners are not indicted or convicted of any crime by judicial process.” – U.S. Holocaust Museum, Holocaust Encyclopedia, “Concentration Camps”

“…nor shall any person be subject for the same offense 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.” – 5th Amendment, United States Constitution

“Everyone has the right to recognition everywhere as a person before the law.” – Article 6, Universal Declaration of Human Rights – December 10, 1948 (General Assembly resolution 217 A)

“Everyone shall have the right to recognition everywhere as a person before the law.” – Article 16, International Covenant on Civil and Political Rights, General Assembly resolution 220A (XXI) of 16 December 1966, entry into force 23 March 1976, entered into force for the United States on September 8, 1992

“…This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land….” – Article VI, United States Constitution

Last week:

“…It is difficult in some cases to get to the very heart of the matter. But in this case, it is not hard at all. The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order. Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done.

This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear….

….Now the branches come too close to grinding irrevocably against one another in a conflict that promises to diminish both. This is a losing proposition all around. The Judiciary will lose much from the constant intimations of its illegitimacy, to which by dent of custom and detachment we can only sparingly reply. The Executive will lose much from a public perception of its lawlessness and all of its attendant contagions. The Executive may succeed for a time in weakening the courts, but over time history will script the tragic gap between what was and all that might have been, and law in time will sign its epitaph….

….In sum, and for the reasons foregoing, we deny the motion for the stay pending appeal and the writ of mandamus in this case. It is so ordered.” – UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, No. 25-1404 (8:25-cv-00951-PX), KILMAR ARMANDO ABREGO GARCIA v KRISTI NOEM; TODD LYONS; KENNETH GENALO; NIKITA BAKER; PAMELA JO BONDI; MARCO RUBIO (April 17, 2025)

Why does Eric Schmitt hate the Constitution and due process of law?

Eric Schmitt
[April 21, 2025]
Democrats care more about illegal aliens than American citizens.
They’ll roll their eyes if you say that. But it’s true.
They’ve never shed a tear for American communities destroyed by mass migration.
But they’ll fly to El Salvador for a photo op with a deported criminal.
[….]

Obviously got his law degree in a box of national name brand molasses-flavored, caramel-coated popcorn balls and peanuts.

“…But they’ll fly to El Salvador for a photo op…” You haven’t been coordinating your talking points with Jason Smith (r), have you?

Fascist pornography (April 16, 2025)

Clowns.

Some of the responses to Eric Schmitt (r):

It’s called Due Process of law, Eric Schmitt.
It’s everyone’s right under the constitution, or have you forgotten that?

It’s honestly amazing how confidently wrong you are. In Zadvydas v. Davis (2001), the Supreme Court ruled that the Constitution’s protections, including due process, apply to all persons in the United States, not just citizens. In Plyler v. Doe (1982), the Court reaffirmed that undocumented immigrants are “persons” under the 14th Amendment, entitled to equal protection. And in Yick Wo v. Hopkins (1886), over a century ago (was America “great” back then?) the Court ruled that constitutional protections apply to “all within the territory,” regardless of citizenship. But hey, don’t let facts or 200 years of constitutional law get in the way of your Facebook rant.

Also, see above.

That is completely wrong. The Supreme Court has repeatedly held that everyone on U.S. soil, citizen or not, is protected by the Constitution. That includes due process and equal protection under the law. You don’t get to ignore the Constitution just because someone’s undocumented. If you’re okay with the government breaking the law today, don’t be surprised when it’s your rights they ignore tomorrow.

That’s nonsense. No one flew to El Salvador for a “photo op with a criminal.” They went because due process matters, a principle that protects all Americans, even the ones you don’t like. Meanwhile, if you actually cared about American communities, you’d stop pushing policies that are wrecking them, like tariffs that crush small businesses, tax breaks for the ultra-wealthy, and cuts to public services. Blaming immigrants is just a lazy way to dodge responsibility for the damage you’re helping cause.

The thing about Garcia is that he is allowed due process per the constitution. A judge in 2019 said he could not be deported to El Salvador because he would be killed. So he got a stay. Now was he a gang member? Did he beat his wife? Did he have drugs on him or a wad of cash? Maybe and if he did then a simple due process in the courts would have found him guilty and said yep deport him and away he goes. But because he did not get his day in court the SCOTUS 9-0 said no you have to facilitate to get him back to have his day in court. Now should illegals be allowed due process, again maybe not, but that is not the law, the law is they are allowed due process through immigration court. So now the administration has broken the law, oh but that is okay he was a bad dude. Well what about next time, or what about all the students who are los their Visas ( because they may have a speeding ticket, or maybe overstayed their visa by a month. Again if the President no longer does due process then what stopping him from saying you or I are criminals and we need to be sent to a detention center, maybe we are horrible criminals and need to go out of the country. We start sliding down the slope of losing the law, there will be no law left. This is not about Garcia this is about due process. Think about that.
Fifth Amendment – Guarantees that “no person shall be deprived of life, liberty, or property, without due process of law.” The term “person” applies to all individuals in the U.S., including undocumented immigrants (Zadvydas v. Davis, 2001).
Fourteenth Amendment – Ensures equal protection under the law and has been interpreted to extend certain legal protections to noncitizens.
Supreme Court Precedents – Yick Wo v. Hopkins (1886): Recognized that due process protections apply to all “persons” in the U.S., not just citizens. Plyler v. Doe (1982): Prevented states from denying public education to undocumented children, reinforcing that noncitizens have rights under the Constitution.

That’s not what our laws say, no matter how many times you shout it.
Crossing the border illegally is a civil violation, not a criminal one, for first-time offenders. It’s governed under Title 8 of the U.S. Code, not the criminal code. Yes, re-entering after removal can be a federal crime, but entering without inspection is generally treated as a civil immigration offense, not something that makes someone a “criminal” under criminal law. More importantly, our Constitution and legal system guarantee due process to all people on U.S. soil, regardless of how they arrived. That’s not just my opinion, that’s been upheld in multiple Supreme Court cases. We’re not El Salvador or North Korea. We don’t get to skip trials just because we don’t like the person. If you think saying “this has been our laws forever” makes it true, then you need to read the actual laws.

Yes, it was a taxpayer-funded trip, like every congressional visit to war zones, disaster sites, or foreign allies. And let’s not pretend this outrage is about spending. Several Republicans, including Kristi Noem, Jason Smith, and Riley Moore, also visited El Salvador’s CECOT prison on the public’s dime. Noem and Moore used inmates as a photo backdrop. If that’s not a photo op, what is? You only get mad when the destination doesn’t match your politics.

Calling me “delusional” doesn’t change the facts—it just shows you don’t have a real argument.
In Zadvydas v. Davis (2001), the Supreme Court ruled that the Constitution’s protections, including due process, apply to all persons in the United States, not just citizens. In Plyler v. Doe (1982), the Court reaffirmed that undocumented immigrants are “persons” under the 14th Amendment, entitled to equal protection. And in Yick Wo v. Hopkins (1886), the Court ruled that constitutional protections apply to “all within the territory,” regardless of citizenship.
This isn’t controversial. It’s settled law.
You don’t get to wish away someone’s rights just because they’re undocumented or because you’ve labeled them a “criminal” without a trial. If the government can ignore court orders and skip appeals today, your rights might be next.
Maybe you’re fine with authoritarianism when it’s aimed at someone else. I’m not.
Stop pretending it’s patriotic to trample the Constitution. It’s cowardly, it’s lawless, and it’s completely un-American.

The only felon I know is the 34 count convicted felon that is destroying our country and you’re kissing his butt as he plays president

“…But they’ll fly to El Salvador for a photo op…”

lol that’s funny. I believe it was our own Republican Rep Jason Smith from Missouri standing in front of the cages full of people in El Salvador just last week.

Yep.

I think Jason still wears polyester.

Sure looks like it.

Without due process we all loose our freedom. America Rise.

Eric Schmitt, you might seriously consider posting less often on Facebook. Your opinions are a reflection of who you are and it’s apparent from your posts that you are a Trump sycophant, an echo chamber of disinformation and outright lies laced with discrimination and debasement. Please remember you took a solemn oath to abide by the Constitution, not to smooch the President’s derrière.

Heh. How to call someone an asshole without actually using the word.

“Aliens who have once passed through our gates, even illegally, may be expelled only after proceedings conforming to traditional standards of fairness encompassed in due process of law.” U.S. Supreme Court, Shaughnessy v. United States (1953)

these people don’t care about due process or the constitution. They want to be able to throw whoever they want or disagrees with their ideology into a prison outside the US. Them “homegrown”criminals so he put it. Why do you think they loosely throw around the word terrorism or terrorist. This is how they bypass our rights. This regime will fail miserably even with control of the house , senate and Supreme Court. Always out there pointing fingers. Even our president couldn’t say anything nice on Easter. All he did was point fingers and pass blame. Sounding like a broken record. Biden this and Biden that. We get it already…Biden was bad move on and make America great already. How much smoke do you have to blow before people start to realize they are full of it.

You continue to lie and lie, just like your “leader”.

Eric Schmitt, you care more about sucking up to President Trump’s agenda than you do about upholding the Constitution. Shame on you.

You are more about dividing us than just about anything else.

Mr. Schmitt, it would be my humble opinion that you sir need to re-evaluate where your allegiance lies.
Are you bowing to a man with 34 felon convictions pretending to be a sitting president and being the puppet for the Russian premiere or are you prepared to start listening to the will of your constituents and standing up against this vile corrupt administration that is destroying the democracy of this country.

Due process matters.

You’re wrong. He was never found guilty of your claim by a court. The administration accused him and deported him before trying to prove their claims in court and before he had a chance to defend himself in court. By your reasoning, absolutely anyone could be accused and deported and then your spin doctors could claim
their alternative facts without having to actually prove them before a judge. You know better.

Your idiotic leader is who is destroying this country. He has destroyed every good relationship we had with other countries. He’s destroying people’s retirement savings. And you are ignoring the Supreme Court! Idiot.

Such bullshit Eric Schmitt- we care about DUE PROCESS which states that anyone in the US regardless of legal status has that right- I thought lawyers knew about the Constitution

If one person in this country doesn’t have due process, none of us do. Which is why SCOTUS (with mostly conservative judges) ordered this administration to bring the immigrants back.

The allegation is made that he is a MS-13 gang member but there has never been a hearing to find out. Where is the proof? However, there WAS an immigration hearing where a judge determined that sending him back to El Salvador would pose a credible threat on his life thus he was allowed to stay in the US. Also, we have prisons here. Why do we have to send people to El Salvador? Oh, because then our judges can’t intervene when someone is falsely accused. 😡 I remember when Republicans used to call themselves the law and order party. Now it’s a party that takes a 💩 on the Constitution and laughs about it.

Hey man, have you talked with Congressman Jason Smith about his vacation to El Salvador?

Evidently not.

Absolutely not true. People rightfully here, including students who have done nothing, are being kidnapped and taken away without even allowing them to make arrangements for their animals, housing, etc. If one person can be denied rights we all can be denied. Didn’t you take an oath to uphold the laws of the US?!

You’re such a fool Eric.

Aren’t you an attorney? Did you not take constitutional law?

Do tell.

It is not true. You insult a lot of Missouri residents lately. Stop taking cheap shots for your base, Sir.

You should go back to law school, I think they covered the important aspects of what is going on here.

Without due process each and every one of us can be shipped off to God knows where. You know this. You studied law. (Allegedly)

Eric seems to be a real, 100% asshole

Why do all Republicans hate the Constitution? I bet most of you commenting here could not pass the US citizenship test . Look up something called due process, it’s in the Constitution

What Missouri town has been destroyed by immigrants ?

You’re such a liar. And nobody believes your shit. I am ashamed you represent Missouri.

Democrats are not the ones posting lies. Such as picture of hands with MS 13 tattoo. The problem is it was photo shopped. All past pictures do not show such tattoos. Even Senator Kennedy said it was a screw up to send him to El Salvador. Quit trying to justify this screw up and do something about how 47 is sinking the economy. Every day people are losing hundreds if not thousands of dollars in their retirement and legacy funds.
Maybe worry about the DOD Secretary having another signal chat about war plans with his brother and wife.

We care about law and order
Don’t deny due process of law, and there won’t be a problem.
What are you doing about Pete Hegseth and Billy long breaking laws?

Where are neighborhoods being destroyed by mass immigration? You’re spewing dangerous propaganda. You’re going to get people hurt. There is DUE PROCESS for all HUMANS on this soil. We learned that in our Liberty and Law classes in the 90’s. I would hope, in your position of power, that you would understand the CONSTITUTION OF THE UNITED STATES OF AMERICA. You don’t get to pick the Constitution a part the way you pick your Bible a part. Sorry, it doesn’t work that way. You don’t get to rewrite the constitution to fit your terrible agenda toward those who don’t look and act like you. Shame on any American who doesn’t understand the very constitution that protects their rights every single day.

First, name one American community that has been destroyed by mass migration. Second, as an attorney, why don’t you believe in due process? Third, why do you believe a shopped photo of Garcia‘s hands prove that he was an MS-13 member?

You’re such an asshole. It’s hard to believe you passed the bar with such a shaky grasp of the law.