We all know that Mr Acosta is a jerk. But this recent lawsuit is kinda worry some. What CNN has done is put in question everyone’s rights. They are suing on the grounds that due process was not used to remove his hard pass. let’s talk about the hard pass first. This is an instrument meant to facilitate entry into the White House. It allows the person to enter with out having to go thru normal entry procedures. (like the pass you use to get into your workplace.) And like the pass you use at work, It remains the property of the White House. The White House did not deny him the ability to enter the grounds using the normal visitor routine.
Ok, so now to the ruling. They said his due process rights were denied. ok. Let’s look at the amendment they are using –
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 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; nor shall private property be taken for public use, without just compensation.
First let us actually read it with punctuation. I will attempt to break it down in sections. This is the first part of it, showing all that is included in the thought.
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
now the next ,AFTER the semi-colon.
; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb.
then the next after the semi-colon.
This is the line they are using to promote this case. First, was his life deprived? or his liberty? or his property? nope. (the hard pass remains the property of the White House). Next we get into what this statement is talking about. If you notice it says in a criminal case. Was there a criminal case here? Not that I heard. no police or law enforcement were called on him. So, according to this part there is no due process expected, is there? This case is equivalent to this:
I rent a house, I invite you in, we have a fight, I ask you to leave. Now according to this, my asking you to leave is now against due process. Now think of it. Since courts use precedents to decide law, we now have a decision that says you are within your rights to sue me because I asked you to leave my residence.
Does this sound right? Not to me.
In this case I would ask that the President follow thru on this lawsuit to ensure the protections that the rest us would enjoy.
To go further, we will stipulate that yes the White House is the peoples house. But for either you or I to go in it takes a number of things to happen. we must have an invite, be on a tour, all after a security check normally. Has that right been taken from him? No. all that happened was his quick pass that allows him easy entry, was taken. He could still go thru the normal procedures to get in.
Your comments as always are welcome